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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:     March 8, 2000           Released:   March 9, 2000 

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Order, we  reaffirm a  monetary forfeiture  of 

$3,000 issued by the former Compliance and Information Bureau  to 

Joy Public Broadcasting Corporation  (``Joy'') for violations  of 

Sections 73.1350(c)(2), 73.1590(a)(1),  and 73.1870(b)(3) of  the 

Rules.   Respectively,  these  sections  require  that  broadcast 

stations make periodic calibrations  of the station's  monitoring 

equipment,  make  equipment  performance  measurements  upon  the 

initial installation  of a  new  transmitter, and  designate  the 

station's chief  operator  in writing  and  post a  copy  of  the 

designation with  the station  license.  The Notice  of  Apparent 

Liability (``NAL'') in  this case was  issued February 4,  1999.1  

The Forfeiture Order  was released  July 7, 1999.2   Joy filed  a 

petition for  reconsideration  on  August 6,  1999,  pursuant  to 

Section 1.106  of  the  Commission's Rules  (``the  Rules''),  47 

C.F.R. 1.106.  For  the reasons  discussed below,  we deny  the 

petition for reconsideration. 

                         II.  BACKGROUND

     2.   On November 17,  1998, in  response to  a complaint  of 
interference to a television station arising from Joy's operation 
of WJTF-FM, agents  from the Commission's  Tampa, Florida,  Field 
Office inspected  the transmitting  facilities of  radio  station 
WJTF.3  The inspection revealed several violations of the  Rules, 
including   the    violations    of    Sections    73.1350(c)(2), 
73.1590(a)(1), and 73.1870(b)(3)  of the Rules  noted above.   On 
December 4,  1998, the  Tampa  Field Office  issued a  Notice  of 
Violation (``NOV'')  to  Joy for  these  violations, as  well  as 
violations of Section 11.15 of the Rules4 (requiring that the EAS 
operating handbook  be  kept  at normal  duty  positions  or  EAS 
equipment locations), and 73.317(d) of the Rules5 (requiring that 
any emissions appearing on a  frequency removed from the  carrier 
by more than 600 kHz 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).   

     3.   Joy's December 21, 1998 response to the NOV denied that 
Joy had violated Sections 73.317 and 73.1350(c)(2) of the  Rules, 
but did  acknowledge the  violations of  Sections  73.1590(a)(1), 
73.1870(b)(3) and 11.15  of the Rules.   Joy further stated  that 
the acknowledged violations were in the process of being, or  had 
been, corrected.  Subsequently, the Tampa Field Office issued the 
February  4,  1999  NAL  to   Joy  for  violations  of   Sections 
73.1350(c)(2), 73.1590(a)(1),  and  73.1870(b)(3) of  the  Rules.  
The NAL  did not  include the  violations of  Sections 11.15  and 
73.317(d) of Rules cited  in the NOV because  Joy had obtained  a 
copy of the EAS operating  handbook, and a second measurement  of 
the station's signal by FCC agents on January 20, 1999  indicated 
that Joy had sufficiently corrected the problem. 

     3.   In response to the NAL, Joy contended that (1) the 

``sole purpose of the Field Office's inspection of WJTF was to 

respond to complaints by area broadcasters''; (2) the violations 

cited by the NAL were ``non-existent requirements ... not 

associated with any forfeiture amounts,'' and ``minor violations 

which have no gravity to them under the circumstances''; (3) no 

forfeiture should be assessed for its failure to establish 

``procedures ... to ascertain the reliability of the monitoring 

equipment'' because Joy was a new licensee who had been 

``operating for ... approximately two months, at the time of the 

inspection,'' and because there were no ``operating problems'';  

and (4) its failure to post the name of the chief operator was 

``merely a technical violation'' because the FCC agents were able 

to speak with the chief operator during the inspection.   These 

arguments were thoroughly discussed and rejected in the July 7, 

1999 Forfeiture Order.  See 14 FCC Rcd 11326, 11327-11329.   

                        III.  DISCUSSION

     4.   Joy's petition for reconsideration was received by the 

Commission on August 6, 1999.  The petition raises no new facts 

or arguments regarding the violations that form the basis for the 

NAL.  The bulk of the petition is devoted to a detailed 

discussion of the violations found during the inspection for 

which no forfeiture was assessed.  As the forfeiture at issue was 

not based on those other matters, they are of no relevance to a 

review of the Forfeiture Order.  We therefore do not address 

those other matters here.  

     5.   With respect to the violations actually enumerated in 

the NAL, which form the basis for the forfeiture assessed in this 

case and are the only matters properly before us at this time, 

the petition for reconsideration merely reiterates the arguments 

that were previously disposed of in the Forfeiture Order. Thus, 

Joy has offered no basis for revisiting issues previously 

addressed, or for reducing or rescinding the forfeiture amount.   

                      IV.  ORDERING CLAUSES

     6.   ACCORDINGLY, IT IS  ORDERED that,  pursuant to  Section 
1.106  of  the  Rules,  Joy  Public  Broadcasting   Corporation's 
petition for reconsideration of the Forfeiture Order for NAL  No. 
915TP0004 IS DENIED.

     7.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Commission's Rules6 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.7   Payment may  be made  by credit  card through  the 
Commission's Credit and Debt Management Center at (202)  418-1995 
or 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. 20554.8

     8.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent by Certified Mail Return Receipt Requested to Timothy  E. 
Welch, Esquire, at Hill & Welch, 1330 New Hampshire Avenue  N.W., 
Suite 113, Washington, D.C. 20036.
 
                              FEDERAL COMMUNICATIONS COMMISSION

  

                              David H. Solomon
                              Chief, Enforcement Bureau


_________________________

     1 NAL (FCC Tampa Field Office, released February 4, 1999).

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

3               Joy  has filed  a license  application (File  No. 
BLED-981013KD)  and   has   commenced  program   test   operation                    
pursuant to Section 73.1620 of the Rules, 47 C.F.R.  73.1620.

     4 47 C.F.R. 11.15.

     5  47 C.F.R.  73.317(d).
     6 47 C.F.R.  1.80.

     7 47 U.S.C.  504(a).

     8 See 47 C.F.R.  1.1914.