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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )   File No. EB-08-SE-985       
     Journal Broadcast Corporation                                           
                                             )   NAL/Acct. No. 200932100075  
     Earth Station call signs E850092 and                                    
     E980274                                 )   FRN # 0002710192            
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: August 6, 2009 Released: August 7, 2009

   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 Broadcast"), licensee of earth
       stations E850092 and E980274, apparently liable for a forfeiture in
       the amount of twenty-five thousand dollars ($25,000) for operating its
       stations without Commission authority, in apparent willful and
       repeated violation of Section 301 of the Communications Act of 1934,
       as amended ("Act") and Section 25.102 of the Commission's Rules
       ("Rules"), and for failing to file timely renewal applications for its
       two earth stations in apparent willful and repeated violation of
       Section 25.121(e)  of the Rules.

   II. background

    2. On January 1, 2003, Journal Broadcast was granted a license to operate
       a fixed satellite earth station under call sign E850092. Under the
       terms of its license, Journal Broadcast's authorization for its earth
       station expired on February 6, 2008. On July 31, 1998, Journal
       Broadcast was granted a license to operate a transmit/receive
       temporary fixed satellite earth station under call sign E980274. Under
       the terms of that license, Journal Broadcast's authorization for its
       earth station expired on July 31, 2008. Thereafter, on September 22,
       2008, Journal Broadcast became aware that it had failed to file a
       renewal application for each station and that its licenses had
       expired. On September 24, 2008, Journal Broadcast submitted an
       application for special temporary authority ("STA") for each station
       to operate. On September 28 and 29, 2008, respectively, the
       International Bureau granted Journal Broadcast's STA requests.

    3. On October 10, 2008, Journal Broadcast filed an application for
       permanent authorization for earth station E980274, which was granted
       on November 26, 2008. On December 3, 2008, Journal Broadcast filed an
       application for permanent authorization for earth station E850092, 
       after a series of STA authorizations during the required frequency
       coordination process. The International Bureau granted that license on
       January 12, 2009.

    4. Because it appeared that Journal Broadcast operated earth stations
       E850092 and E980274 without authorization, the International Bureau
       referred this case to the Enforcement Bureau for investigation and
       possible enforcement action. On November 24, 2008, the Enforcement
       Bureau's Spectrum Enforcement Division ("Division") issued Journal
       Broadcast a letter of inquiry ("LOI") to investigate whether Journal
       Broadcast operated the earth stations beyond the expiration of its
       licenses.

    5. In its response to the LOI filed December 24, 2008, Journal Broadcast
       admitted that it failed to timely renew its two earth station licenses
       and that it continued to operate stations E850092 and E980274 without
       Commission authority until at least September 24, 2008, the date of
       the STA requests, because it was unaware that its licenses had
       expired. Journal Broadcast stated that it first became aware that its
       licenses had expired on September 22, 2008, at which time it took
       immediate steps to request STAs to operate its stations consistent
       with the parameters contained in the expired authorizations, pending
       the submission and grant of new license applications.

   III. discussion

    6. 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. Section 25.121(c)
       of the Rules provides that the license term for an earth station is
       specified in the instrument of authorization. Section 25.121(e) of the
       Rules requires the licensee of an earth station to file its renewal
       application "no earlier than 90 days, and no later than 30 days,
       before the expiration date of the license." Absent a timely filed
       renewal application, an earth station license automatically terminates
       at the end of the license period.

    7. Under the terms of its licenses, Journal Broadcast's authorization to
       operate earth stations E850092 and E980274 expired on February 6, 2008
       and July 31, 2008, respectively. As a Commission licensee, Journal
       Broadcast is charged with the responsibility of knowing and complying
       with the terms of its authorizations, the Act and the Rules. Journal
       Broadcast admitted that it failed to file its renewal applications
       during the requisite 30-90 day period prior to the respective
       expiration dates. Moreover, Journal Broadcast admitted that it
       continued to operate the stations after the expiration of its
       licenses, a situation that Journal Broadcast did not seek to remedy
       until September 24, 2008, when Journal Broadcast filed its requests
       for STAs. Thus, it appears that Journal Broadcast violated Section
       25.121(e) of the Rules by failing to timely file a renewal application
       for each station, and violated Section 301 of the Act and Section
       25.102(a) of the Rules by continuing to operate its stations without
       Commission authority.

    8. Section 503(b) of the Act and Section 1.80(a) of the Rules 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 "repeated" means more than once. Based on the record before
       us, it appears that Journal Broadcast's violations of Section 301 of
       the Act and of Sections 25.102(a) and 25.121(e) of the Rules were
       willful and repeated.

    9. In determining the appropriate forfeiture amount, Section 503(b)(2)(E)
       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." Having considered the statutory factors, as explained below,
       we propose a total forfeiture of $32,000.

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

   11. Consistent with precedent, we propose a forfeiture in the amount of
       $3,000 for each of Journal Broadcast's failures to timely file a
       renewal application within the time period specified in Section
       25.121(e) of the Rules, for a total of $6,000. Additionally, we
       propose a forfeiture in the amount of $5,000 for each of Journal
       Broadcast's unauthorized operations of its earth stations E850092 and
       E980274, after February 6, 2008 and July 31, 2008 respectively, for a
       total of $10,000. In proposing a forfeiture of $5,000 per station for
       the unauthorized operation, 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.
       Thus, we propose an aggregate forfeiture of $16,000 ($6,000 for two
       instances of failure to timely file a renewal application at $3,000
       each, and $10,000 for two instances of unauthorized operation at
       $5,000 each).

   12. This $16,000 forfeiture amount is subject to adjustment, however. In
       this regard, we consider the size of the violator and ability to pay a
       forfeiture, as well as its prior violation of the same rule sections
       before us today. To ensure that forfeiture liability is a deterrent,
       and not simply a cost of doing business, the Commission has determined
       that large or highly profitable companies such as Journal Broadcast,
       could expect the assessment of higher forfeitures for violations, and
       that prior violations of the same or other regulations would also be a
       factor contributing to upward adjustment of apparent liability. Given
       Journal's size and its ability to pay a forfeiture, coupled with its
       previous violation, we conclude that an upward adjustment of the base
       forfeiture amount to $32,000 is appropriate.

   13. We do find, however, that a downward adjustment of the proposed
       forfeiture from $32,000 to $25,000 is warranted because Journal
       Broadcast 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.

   IV. ORDERING CLAUSES

   14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act
       and Sections 0.111, 0.311 and 1.80 of the Rules, Journal Broadcast
       Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for
       the willful and repeated violation of Section 301 of the Act and
       Section 25.201(a) of the Rules, and for willful violation of Section
       25.121(e) of the Rules.

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

    1. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to: Chief Financial Officer -
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C. 20554. Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Journal Broadcast Corporation will also
       send electronic notification on the date said payment is made to Susan
       Stickley, at Susan.Stickley@fcc.gov, and to Ricardo Durham, at
       Ricardo.Durham@fcc.gov.

   16. 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.

   17. 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.

    2. 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 Mr. Douglas G. Kiel, Vice President,
       Journal Broadcast Corporation, 333 West State Street, Milwaukee,
       Wisconsin 53203, and to its counsel, David H. Pawlik, Esq., Skadden,
       Arps, Slate, Meagher & Flom LLP, 1440 New York Avenue NW, Washington,
       DC 20005.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S: 301; 47 C.F.R. S: 25.121(e).

   47 C.F.R. S: 25.102(a).

   See File No. SES-MOD-20021014-01766.

   See File No. SES-LIC-19980608-00684.

   See SES-STA-20080924-01233 and SES-STA-20080924-01234.

   See SES-LIC-INTR2008-02456.

   See SES-LIC-20081010-01317.

   See SES-LIC-INTR2008-02806.

   See SES-STA-20081120-01504 and SES-STA-20081205-01539.

   See SES-LIC-20081203-01527.

   Letter from Kathy S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Douglas G. Kiel,
   Chief Executive Officer, Journal Broadcast Corporation (November 24,
   2008).

   Letter from Douglas G. Kiel, Vice President, Journal Broadcast
   Corporation, to Susan Stickley, Esq., Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission (December 24, 2008).

   Id at 2-3.

   Id at 1.

   Id at 1, 4.

   47 U.S.C. S: 301; 47 C.F.R. S: 25.102(a).

   47 C.F.R. S: 25.121(c).

   47 C.F.R. S: 25.121(e).

   47 C.F.R. S: 25.161.

   See Discussion Radio, Inc., Memorandum Opinion and Order and Notice of
   Apparent Liability, 19 FCC Rcd 7433, 7437 (2004) ("Discussion Radio"). See
   also Discovery World Television, Inc., Notice of Apparent Liability for
   Forfeiture, 24 FCC Rcd 2883, 2884 (Enf. Bur., Spectrum Enf. Div. 2009)
   ("Discovery World"); Side By Side, Inc., Notice of Apparent Liability for
   Forfeiture, 23 FCC Rcd 898 (Enf. Bur., Spectrum Enf. Div. 2008) ("Side By
   Side"); La Carpa Corp., Notice of Apparent Liability for Forfeiture, 22
   FCC Rcd 2744, 2745 (Enf. Bur., Spectrum Enf. Div. 2007) (forfeiture paid)
   ("La Carpa"); Lazer Broadcasting Corp., Notice of Apparent Liability for
   Forfeiture, 21 FCC Rcd 8710, 8712 (Enf. Bur., Spectrum Enf. Div. 2005)
   (forfeiture paid) ("Lazer"); Shared Data Networks, LLC, Notice of Apparent
   Liability for Forfeiture, 20 FCC Rcd 18184, 18186 (Enf. Bur., Spectrum
   Enf. Div. 2005) (forfeiture paid) ("Shared Data Networks").

   47 U.S.C. S: 503(b).

   47 C.F.R. S: 1.80(a).

   See 47 U.S.C. S: 312(f)(1) & (2). See also Southern California
   Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991),
   recon. denied, 7 FCC Rcd 3454 (1992) (the definitions of willful and
   repeated contained in the Act apply to violations for which forfeitures
   are assessed under Section 503(b) of the Act.

   47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures; Forfeiture Policy Statement, Report and Order, 12 FCC Rcd
   17087, 17110 91997), recon. denied, 15 FCC Rcd 303 (1999).

   47 C.F.R. S: 1.80(b).

   See Discussion Radio, 19 FCC Rcd at 7438. See also Side By Side, 23 FCC at
   901; La Carpa Corp., 22 FCC Rcd at 2746; Lazer, 21 FCC Rcd at 8712; Shared
   Data Networks, 20 FCC Rcd at 18187.

   See e.g., Lockheed Martin Corporation, Notice of Apparent Liability for
   Forfeiture, 24 FCC Rcd 2980, 2982 (Enf. Bur., Spectrum Enf. Div. 2009)
   ("Lockheed Martin"); Discovery World., 24 FCC Rcd at 2886; Bloomsburg
   University of Pennsylvania, Memorandum Opinion and Order and Notice of
   Apparent Liability for Forfeiture, 23 FCC Rcd 9357, 9359 (Media Bur.,
   Audio Div. 2008); Sunflower Communications, Inc., Memorandum Opinion and
   Order and Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 7657,
   7659 (Media Bur., Audio Div. 2008); Santa Cruz Educational Broadcasting
   Foundation, Memorandum Opinion and Order and Notice of Apparent Liability
   for Forfeiture, 22 FCC 21033, 21035 (Media Bur., Audio Div. 2007) (all
   proposing the full base forfeiture amount of $3,000 against broadcast
   station licensees for failure to file timely renewal applications).

   Section 503(b)(6) of the Act, 47 U.S.C. S: 503(b)(6), prohibits assessment
   of a forfeiture for a violation that occurred more than one year before
   the issuance of a NAL, but this section does not bar consideration of
   prior conduct in determining the appropriate forfeiture amount for
   violations that occurred within the one-year statutory period. See
   Globcom, Inc., d/b/a Globcom Global Communications, Notice of Apparent
   Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19903 (2003),
   forfeiture ordered, 21 FCC Rcd 4710 (2006); Roadrunner Transportation,
   Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671-72 (2000).

   See Discussion Radio, 19 FCC Rcd at 7438 (proposing a $5,000 forfeiture
   against a broadcaster for operating its broadcast station beyond the
   expiration of its license); Side by Side, 23 FCC Rcd at 900 (proposing a
   $5,000 forfeiture against an earth station operator for operating beyond
   the expiration of its license); La Carpa, 22 FCC Rcd at 2746 (proposing a
   $5,000 forfeiture against an earth station operator for operating beyond
   the expiration of its license); Lazer, 21 FCC Rcd at 8712 (proposing a
   $5,000 forfeiture against an earth station operator for operating beyond
   the expiration of its license).

   Journal Broadcast Corporation is a leading television and radio station
   operator with 35 radio stations and 12 television stations operating in as
   many states. Its net yearly sales are $112,900,000. See Hoover's Company
   Records - In-depth Records, May 15, 2009. Journal Broadcast was previously
   found to be apparently liable for a forfeiture for failure to timely file
   a renewal application and for operating an earth station without
   authority. See Journal Broadcast Corp., Notice of Apparent Liability for
   Forfeiture, 20 FCC Rcd 18211, 18214 (Enf. Bur., Spectrum Enf. Div. 2005)
   (forfeiture paid).

   See Forfeiture Policy Statement, 12 FCC Rcd at 17099-101.

   See Forfeiture Policy Statement, 12 FCC Rcd at 17099-100. See also SES
   Americom, Notice of Apparent Liability, 24 FCC Rcd 2694, 2697 (Enf. Bur.,
   Spectrum Enf. Div. 2009); Discovery World, 24 FCC Rcd at 2886; Lockheed
   Martin Corporation, Notice of Apparent Liability, 24 FCC Rcd at 2984-2985;
   Walgreen Co., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd
   16045, 16048 (Enf. Bur., Spectrum Enf. Div. 2007).

   See Discovery World, 24 FCC Rcd at 2883; Petracom of Texarkana, LLC,
   Forfeiture Order, 19 FCC Rcd 8096, 8097-8098 (Enf. Bur. 2004). See also
   Side By Side, 23 FCC Rcd at 901; Lazer, 21 FCC Rcd at 871.

   47 U.S.C. S: 503(b).

   47 C.F.R. S:S: 0.111, 0.311 and 1.80.

   47 C.F.R. S: 1.80.

   Federal Communications Commission DA 09-1756

   6

   Federal Communications Commission DA 09-1756