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


In the Matter of                  )
                                 )   File No. EB-05-SE-247
Journal Broadcast Corporation     )   NAL/Acct. No. 200632100002
Ku-Band  FSS Earth Station, Call  )   FRN # 0002710192
Sign E940294                      )
Las Vegas, Nevada 


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


Adopted:  November 18, 2005             Released:   November 
22, 2005

By  the Chief,  Spectrum  Enforcement Division,  Enforcement 
Bureau:

I.         INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture, we find Journal Broadcast Corporation 
(``Journal''), licensee of satellite earth station, E940294, 
Las Vegas, Nevada, apparently liable for a forfeiture in the 
amount of five thousand, two hundred dollars ($5,200) for 
operating its earth station without Commission authority and 
for failing to timely file a renewal application.  Journal 
acted in apparent willful and repeated violation of Section 
301 of the Communications Act of 1934, as amended, 
(``Act'')1 and Sections 25.102(a) and 25.121(e) of the 
Commission's Rules (``Rules'').2

II.         BACKGROUND

     2.   Journal was granted a license for its fixed-
satellite service earth station, E940294, on  July 15, 1994, 
with an expiration date of July 15, 2004.  On July 27, 2005, 
Journal filed with the Commission's International Bureau an 
application for renewal of its expired license and a request 
for special temporary authority (``STA'') to continue 
operating its earth station pending Commission action on the 
license application.  The International Bureau granted 
Journal's STA on August 2, 2005,3 and reinstated its license 
for E940924 on September 6, 2005.4  

     3.   Since it appeared that Journal may have operated 
the earth station after the expiration of its license, the 
International Bureau referred this case to the Enforcement 
Bureau for investigation and possible enforcement action.  
On September 13, 2005, the Enforcement Bureau's Spectrum 
Enforcement Division issued a letter of inquiry (``LOI'')5 
to Journal.    

     4.   In its September 29, 2005 response to the LOI,6 
Journal claimed that it discovered the expiration of its 
station's license ``on or about June 2, 2005.''7  Citing 
``an administrative oversight'' as the basis for its failure 
to timely renew its license,8 Journal explained that once it 
discovered the expiration of its license, it immediately 
took the necessary steps to have the license reinstated.9 
According to Journal, it worked with its FCC counsel and 
consulting engineer to prepare the STA and license 
application for submission on July 27, 2005.10  Further, 
Journal admitted that it continued to operate its earth 
station ``on only a limited basis'' beyond the license 
expiration date without Commission authorization.11  
Specifically, Journal explained that its unauthorized 
operation consisted of transmitting local news feeds 
``between approximately 30 and 90 minutes per day.''12

III.           DISCUSSION

     5.   Section 301 of the Act and Section 25.102(a) of 
the Rules prohibit the use or operation of any apparatus for 
the transmission of energy or communications or signals by 
an earth station except under, and in accordance with a 
Commission granted authorization.  Additionally, Section 
25.121(e) of the Rules requires that licensees file renewal 
applications for earth stations ``no earlier than 90 days, 
and no later than 30 days, before the expiration of the 
license.''13  Absent a timely filed renewal application, an 
earth station license automatically terminates.14 

     6.   As a Commission licensee, Journal was required to 
maintain its authorization in order to operate its earth 
station.  Based upon the information before us, Journal 
operated the earth station without Commission authority from 
the station's license expiration date of July 15, 2004, 
until the STA grant date of August 2, 2005.  By operating 
its earth station for approximately 12 months without an 
instrument of authorization, Journal apparently violated 
Section 301 of the Act and Section 25.102(a) of the Rules.  
Journal also acted in apparent violation of Section 
25.121(e) of the Rules by filing its license renewal 
application on July 27, 2005, more than one year beyond the 
30-day requirement prescribed by the Rules.    

     7.        Section  503(b)  of  the Act,15  and  Section 
1.80(a)  of  the  Rules,16   provide  that  any  person  who 
willfully or repeatedly fails  to comply with the provisions 
of the  Act or the  Rules shall  be liable for  a forfeiture 
penalty.  For  purposes of  Section 503(b)  of the  Act, the 
term ``willful''  means that the  violator knew that  it was 
taking the action in question, irrespective of any intent to 
violate  the Commission's  rules,  and ``repeatedly''  means 
more  than once.17   Based  upon the  record  before us,  it 
appears that Journal's  violations of Section 301 of the Act 
and  Sections  25.102(a) and  25.121(e)  of  the Rules  were 
willful and repeated.  

     8.        In  determining  the  appropriate  forfeiture 
amount,  Section  503(b)(2)(D)  of  the Act  directs  us  to 
consider  factors,  such  as  ``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.''18   Having considered  the statutory 
factors,  as  explained below,  we  find  it appropriate  to 
downwardly  adjust the  proposed  aggregate forfeiture  from 
$6,500 to $5,200 based  on Journal's voluntary disclosure of 
its violations.    

     9.        Section  1.80(b) of  the  Rules  sets a  base 
forfeiture  amount of  three thousand  dollars ($3,000)  for 
failure  to  file  required  forms or  information  and  ten 
thousand  dollars  ($10,000)  for  operation  of  a  station 
without Commission authority.19   As the Commission recently 
held,  a  licensee's  failure   to  timely  file  a  renewal 
application   and    its   continued    operations   without 
authorization constitute separate violations  of the Act and 
the   Rules  and   warrant   the   assessment  of   separate 
forfeitures.20   Accordingly,  we  herein  propose  separate 
forfeiture amounts for Journal's separate violations.  

     10.       Consistent  with  precedent,21 we  propose  a 
$1,500 forfeiture for Journal's  failure to file the renewal 
application  for its  earth station  within the  time period 
specified in Section 25.121(e)  of the Rules.  Additionally, 
we  propose  a  $5,000 forfeiture  for  Journal's  continued 
operation of  its earth  station beyond  July 15,  2004.  In 
proposing $5,000  for unauthorized operations,  we recognize 
that  the Commission  considers  a licensee  who operates  a 
station  with an  expired  license in  better  stead than  a 
pirate  broadcaster  who  lacks prior  authority,  and  thus 
downwardly  adjusts  the   $10,000  base  forfeiture  amount 
accordingly.22  Thus, we propose  an aggregate forfeiture of 
$6,500  ($5,000 for  unauthorized operation  and $1,500  for 
failure to file a timely renewal application).

     11.  As a Commission licensee, Journal is charged with 
the responsibility for knowing and complying with the terms 
of its authorizations, the Act and the Rules, including the 
requirement to timely renew the authorization for its earth 
station.23  Journal asserts that once it became aware of its 
expired license, it took immediate steps to reinstate the 
license.  We are not persuaded by Journal's claim that it 
acted straightaway, since Journal took almost 60 days from 
the date it discovered the expiration of its license to file 
a renewal application.  We also find no merit in Journal's 
argument that it operated its earth station without 
Commission authority only on a limited basis.  Journal 
admitted to unauthorized operation of its station and, in 
this instance, is not entitled to a downward adjustment 
based upon the temporal nature of the violation.  We do 
find, however, that a downward adjustment of the proposed 
aggregate forfeiture from $6,500 to $5,200 is warranted 
because Journal made voluntary disclosures to Commission 
staff and undertook corrective measures after learning of 
its violations, but prior to any Commission inquiry or 
initiation of enforcement action.24  

IV.       ORDERING CLAUSES

     12.  Accordingly, IT IS ORDERED that, pursuant to 
pursuant to Section 503(b) of the Act25 and Sections 0.111, 
0.311 and 1.80 of the Rules,26 Journal IS hereby NOTIFIED of 
its APPARENT LIABILITY FOR A FORFEITURE in the amount of 
five thousand, two hundred dollars ($5,200) for the willful 
and repeated violation of Section 301 of the Act and 
Sections 25.102(a) and 25.121(e) of the Rules.

     13.  IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules,27 within thirty days of the release date 
of this Notice of Apparent Liability for Forfeiture, Journal 
SHALL PAY the full amount of the proposed forfeiture or 
SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     14.  Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission. The payment must include the 
NAL/Acct. No. and FRN No. referenced above. Payment 
bycheck or money order may be mailed to Federal 
Communications Commission, P.O. Box358340,Pittsburgh, PA 
15251-8340. Payment by overnight mail may be sent toMellon 
Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, 
PA 15251. Payment by wire transfer may be made to ABA 
Number043000261, receiving bankMellon Bank, and account 
number911-6106. A request for full payment under an 
installment plan should be sent to:  Associate Managing 
Director-Financial Operations, 445 12th Street, S.W., Room 
1A625, Washington, D.C. 20554.28

     15.  The response, if any, must be mailed to the Office 
of the Secretary, Federal Communications Commission, 445 
12th Street, S.W., Washington, D.C. 20554, ATTN: Enforcement 
Bureau - Spectrum Enforcement Division, and must include the 
NAL/Acct. No. referenced in the caption.

     16.  The Commission will not consider reducing or 
canceling a forfeiture in response to a claim of inability 
to pay unless the petitioner submits:  (1) federal tax 
returns for the most recent three-year period; (2) financial 
statements prepared according to generally accepted 
accounting practices; or (3) some other reliable and 
objective documentation that accurately reflects the 
petitioner's current financial status.  Any claim of 
inability to pay must specifically identify the basis for 
the claim by reference to the financial documentation 
submitted.

     17.  IT IS FURTHER ORDERED that a copy of this Notice 
of Apparent Liability for Forfeiture shall be sent by first 
class mail and certified mail return receipt requested to 
Dale R. Oswald, President, Journal Broadcast Corporation, 
3355 South Valley View Boulevard, Las Vegas, Nevada  89102, 
and to Journal's counsel, Mace J. Rosenstein, Hogan and 
Hartson L.L.P., 555 13th Street, N.W., Washington, D.C. 
20004.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Joseph P. Casey
                         Chief,     Spectrum     Enforcement 
Division
                         Enforcement Bureau




_________________________

147 U.S.C.  301.

247 C.F.R.  25.102(a) and 25.121(e).

3See  File No.  SES-STA-20050727-00999  (granted August  2, 
2005).

4See File No.  SES-LIC-20050727-00996 (granted September 6, 
2005).   The   renewal  of  E940294  was   granted  by  the 
International Bureau  without prejudice  to any  future FCC 
enforcement action  against the company in  connection with 
unauthorized operation of its radio facilities.

5See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum 
Enforcement    Division,   Enforcement    Bureau,   Federal 
Communications  Commission to  Dale  R. Oswald,  President, 
Journal Broadcast Corporation (September 13, 2005).

6See Letter  from Douglas G. Kiel,  Vice President, Journal 
Broadcast Corporation to Karen Mercer, Spectrum Enforcement 
Division,   Enforcement   Bureau,  Federal   Communications 
Commission (September 29, 2005).

7 Id. at 1.

8Id. at 2.

9Id. 

10 Id. 

11Id. at 1.

12 Id. at 4.

1347 C.F.R.  25.121(e).

14 47 C.F.R.  25.161(b).

1547 U.S.C.  503(b).

1647 C.F.R.  1.80(a).

17See Southern California Broadcasting  Co., 6 FCC Rcd 4387 
(1991); see also WCS Communications,  Inc., 13 FCC Rcd 6691 
(WTB, Enf.  and Consumer Info.  Div. 1998) (finding  that a 
licensee's  inadvertent  failure  to  file  timely  renewal 
applications,   constitutes  a   repeated  violation   that 
continues until the date the license is renewed).  

1847  U.S.C.     503(b)(2)(D).   See  also   47  C.F.R.   
1.80(b)(4),   Note  to   paragraph   (b)(4):  Section   II. 
Adjustment  Criteria  for   Section  503  Forfeitures;  The 
Commission's Forfeiture  Policy Statement and  Amendment of 
Section  1.80 of  the Rules  to Incorporate  the Forfeiture 
Guidelines, 12  FCC Rcd 17087, 17110  (1997), recon. denied 
(1999).

1947 C.F.R. 1.80(b).

20See Discussion Radio, Inc., 19  FCC Rcd 7433, 7438 (2004) 
(assessing  proposed  forfeitures   of  $5,000  and  $1,500  
against a broadcaster who both  operated its station for 14 
months without  Commission authority  and failed  to timely 
file its renewal application).

21See Discussion Radio, Inc., 19 FCC Rcd at 7438 (proposing 
a $1,500  forfeiture for failure  to file a  timely renewal 
application  for  a  broadcast   station);  see  also  Self 
Communications,  Inc., 15  FCC  Rcd  18661, 18664-65  (WTB, 
Public Safety and Private Wireless Div., 2000) (proposing a 
$1,500  forfeiture for  failure  to file  a timely  renewal 
application   for   a   218-219   MHz   service);   Vincent 
Communications,  Inc.,  15  FCC  Rcd 8432  (WTB,  Enf.  and 
Consumer Info.  Div., 1999) (proposing an  aggregate $4,500 
forfeiture for  failure to timely renewal  applications for 
three  paging stations),   forfeiture ordered,  15 FCC  Rcd 
18263 (Enf. Bur. 2000); Snider Communications Corp., 14 FCC 
Rcd 20047, 20048 (WTB, Enf.  and Consumer Info. Div., 1999) 
(proposing an  aggregate $21,000 forfeiture for  failure to 
file timely  renewal applications for 14  paging stations).  
See   also  American   Paging,  supra   (imposing  separate 
forfeitures   for  the   unauthorized   operation  of   two 
transmitters).

22See Discussion Radio, Inc., 19 FCC Rcd at 7438 (proposing 
a $5,000 forfeiture  for operating a station  for 14 months 
beyond the expiration of its license).

23See  Discussion Radio,  19 FCC  Rcd at  7437; William  S. 
Mills, 15 FCC  Rcd 20071, 20072 (Enf. Bur.  2000); see also 
Peacock's Radio  and Wild's Computer Service,  Inc., 16 FCC 
Rcd 15016, 15017 (2001). 

24See, e.g.,  Radio One Licenses,  Inc., 18 FCC  Rcd 15964, 
15965  4  (2003), recon. denied, 18 FCC  Rcd 25481 (2003); 
Emery  Telephone, 13  FCC Rcd  23854, 23858  (1998), recon. 
denied ,  15 FCC  Rcd 7181  (1999); Petracom  of Texarkana, 
LLC,  19 FCC  Rcd 8096,  8097-98   5-6 (Enf.  Bur. 2004); 
American Family Association, 17 FCC Rcd 181135, 18137 (Enf. 
Bur.  2002), recon.  denied,  18 FCC  Rcd  2413 (Enf.  Bur. 
2003); but  see American  Paging, Inc.,  12 FCC  Rcd 10417, 
10420 (WTB,  Enf. and  Consumer Info. Div.,  1997) (finding 
that  the mitigating  effect  of  voluntary disclosure  was 
abrogated by the licensee's delay).  

2547 U.S.C.  503(b).

2647 C.F.R.  0.111, 0.311 and 1.80.

2747 C.F.R.  1.80.

28See 47 C.F.R.  1.1914.