Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-05-IH-1022
DAVID CARUS & ASSOCIATES ) NAL/Acct. No.
201132080027
Licensee of FM Translator Stations )
W264AS, Rockledge, Florida, W272BA, FRN No. 0008605503
Cocoa Beach, Florida, and Aural Studio )
Transmitter Link WQEQ835, Indialantic, Facility ID Nos. 144128
Florida ) and 144133
)
)
ORDER
Adopted: June 2, 2011 Released: June 3, 2011
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and David Carus & Associates
(the "Licensee"). The Consent Decree terminates an investigation by
the Bureau against the Licensee for possible violations of sections
399B and 310(d) of the Communications Act of 1934, as amended, and
sections 73.503(d), 73.3540, and 74.1231(g) of the Commission's Rules,
in connection with the transfer of control of FM Translator Station
W264AS, Rockledge, Florida ("Station W264AS"), FM Translator Station
W272BA, Cocoa Beach, Florida, and Aural Studio Transmitter Link
WQEQ835 (collectively, the "Stations"); and the broadcast of
underwriting announcements and originations concerning financial
support over Station W264AS.
2. The Bureau and the Licensee have negotiated the terms of the Consent
Decree that resolve this matter. A copy of the Consent Decree is
attached hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether the Licensee possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
Communications Act of 1934, as amended, and sections 0.111 and 0.311
of the Commission's Rules, the Consent Decree attached to this Order
IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation, as to
the Station and/or the Licensee, IS TERMINATED.
7. IT IS FURTHER ORDERED that any third-party complaints and allegations
against the Stations and/or the Licensee before the Enforcement Bureau
related to the above-captioned investigation as of the date of this
Consent Decree ARE DISMISSED.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class certified mail, return receipt requested,
to David S. Carus, President, David Carus & Associates, P.O. Box
780037, Orlando, Florida 32878.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-05-IH-1022
DAVID CARUS & ASSOCIATES ) NAL/Acct. No.
201132080027
Licensee of FM Translator Stations )
W264AS, Rockledge, Florida, W272BA, FRN No. 0008605503
Cocoa Beach, Florida, and Aural Studio )
Transmitter Link WQEQ835, Indialantic, Facility ID Nos. 144128
Florida ) and 144133
)
)
CONSENT DECREE
1. The Enforcement Bureau (the "Bureau") and David Carus & Associates
("Licensee"), by their authorized representatives, enter into this Consent
Decree for the purpose of terminating the Bureau's investigation into
whether the Licensee violated sections 399B and 310(d) of the
Communications Act of 1934, as amended, and sections 73.503(d), 73.3540,
and 74.1231(g) of the Commission's Rules, in connection with the transfer
of control of FM Translator Station W264AS, Rockledge, Florida ("Station
W264AS"), FM Translator Station W272BA, Cocoa Beach, Florida ("Station
W272BA"), and Aural Studio Transmitter Link WQEQ835 (collectively, the
"Stations"); and the broadcast of underwriting announcements and
originations concerning financial support over Station W264AS.
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
S: 151 et seq.
b. "Adopting Order" means an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Community Radio Foundation of Florida, Inc." and "Community Radio"
mean the permittee of FM translator station W277BO, Malabar, Florida
(Facility ID 158421) and new FM station in Marietta, Ohio (Facility ID
176826).
f. "Compliance Plan" means the program described in this Consent Decree
at Paragraph 13.
g. "Compliance Officer" means the individual designated in Paragraph
13.a. of this Consent Decree as the person responsible for
administration of the Compliance Plan.
h. "Effective Date" means the date on which the Commission releases the
Adopting Order.
i. "Investigation" means the investigation commenced by the Bureau's June
23, 2010, Letter of Inquiry regarding whether the Licensee violated
the Underwriting Laws and Origination Laws in connection with its
operation of Station W264AS on October 27, 2009, October 29, 2009, and
February 26, 2010; and whether the Licensee violated the Unauthorized
Transfer of Control Laws by transferring control of the Stations
without obtaining prior consent of the FCC.
j. "Licensee" means David Carus & Associates as licensee of the Stations.
k. "Origination Laws" mean 47 C.F.R. S: 74.1231(g).
l. "Parties" mean the Licensee and the Bureau, and each is a "Party."
m. "Principal" means David S. Carus, President of David Carus &
Associates.
n. "Public Radio Information Services of Central Florida, Inc." means the
permittee of low power FM station WNRG-LP, Palm Bay, Florida (Facility
ID 135652).
o. "Randy Bennett" means the Director of Public Radio Information
Services of Central Florida, Inc.
p. "Rules" mean the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
q. "Stations" mean FM Translator Stations W264AS, Rockledge, Florida
(Facility ID No. 144128) and W272BA, Cocoa Beach, Florida (Facility ID
No. 144133), and Aural Studio Transmitter Link WQEQ835, Indialantic,
Florida.
r. "Station W264AS" means FM Translator Station W264AS, Rockledge,
Florida (Facility ID No. 144128).
s. "Station W272BA" means FM Translator Station W272BA, Cocoa Beach,
Florida (Facility ID No. 144133).
t. "Unauthorized Transfer of Control Laws" mean 47 U.S.C. S: 310(d) and
47 C.F.R. S: 73.3540.
u. "Underwriting Laws" mean 47 U.S.C. S: 399b and 47 C.F.R. S: 73.503(d).
II. BACKGROUND
3. The Unauthorized Transfer of Control Laws prohibit a licensee from
transferring control of a Commission license without prior Commission
authorization.
4. The Underwriting Laws define advertisements as program material
broadcast "in exchange for any remuneration" and intended to "promote
any service, facility, or product" of for-profit entities. Section
399B(b)(2) specifically provides that noncommercial educational
stations may not broadcast advertisements. Although contributors of
funds to such stations may receive on-air acknowledgements of their
support, the Commission has held that such acknowledgements may be
made for identification purposes only, and should not promote the
contributors' products, services, or businesses. Specifically, such
announcements may not contain comparative or qualitative descriptions,
price information, calls to action, or inducements to buy, sell, rent
or lease. At the same time, however, the Commission has acknowledged
that it is at times difficult to distinguish between language that
promotes versus that which merely identifies the underwriter and is
consistent with the Rules and decisions establishing compliant
underwriting announcements. Consequently, the Commission expects
licensees to exercise reasonable, "good faith" judgment in this area,
and affords some latitude to the judgments of licensees who do so.
5. The Origination Laws impose restrictions on the content, length, and
frequency of licensee-originated program material broadcast over
translator stations. Specifically, such originations shall be limited
to emergency warnings of imminent danger and to seeking or
acknowledging support deemed necessary to the continued operation of
the translator. Originations concerning financial support are limited
to a total of thirty (30) seconds per hour. Acknowledgments of support
may identify the contributors and the size or nature of the
contributions and may contain their advertising messages. The same
restrictions that apply to messages aired by noncommercial FM stations
apply to noncommercial FM translator facilities, however.
6. On June 23, 2010, based on information gathered by the Bureau's Tampa
Field Office, the Bureau issued a Letter of Inquiry to the Licensee,
directing the Licensee, among other things, to submit sworn written
statements in response to questions relating to possible violations of
the above-described laws. The Licensee responded on August 23, 2010
and September 2, 2010, and provided a recording of some of the
inquired-of material.
7. In its Response, the Licensee admits that it, through an agreement
with Community Radio Foundation of Florida, Inc., permittee of FM
translator station W277BO, Malabar, Florida (Facility ID 158421) and
new FM station in Marietta, Ohio (Facility ID 176826) ("Community
Radio"), transferred full ownership in the Stations to Community Radio
on November 19, 2004 without prior Commission approval, and that Randy
Bennett, Director of Public Radio Information Services of Central
Florida, Inc., and/or Community Radio has maintained control of the
Stations' facilities ever since. In its Response, the Licensee neither
admits nor denies violating the Underwriting Laws. The evidence in
this case also establishes that the Licensee may have violated the
Origination Laws by airing underwriting messages in excess of the
thirty-second per hour limitation set forth in the Rules, which the
Licensee does not dispute.
8. With respect to the issue of its ability to pay any forfeiture amount
assessed, the Licensee also provided documentation to support its
claim of significant financial hardship. Commission records indicate
that Station W272BA has suspended operations and has authority to
remain silent. Commission records also indicate that Station W264AS
has suspended operations and has authority to remain silent. The terms
of the Consent Decree reflect the Bureau's consideration of the
Licensee's limited ability to pay and the fact that Station W272BA and
Station W264AS have suspended operations under authority granted by
the Commission.
III. TERMS OF AGREEMENT
9. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order
without change, addition, modification, or deletion.
10. Jurisdiction. The Licensee agrees that the Bureau has jurisdiction
over it and the matters contained in this Consent Decree and has the
authority to enter into and adopt this Consent Decree.
11. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the Bureau releases the
Adopting Order. Upon release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other Order of the
Bureau. Any violation of the Adopting Order or of the terms of this
Consent Decree shall constitute a separate violation of a Bureau
Order, entitling the Bureau to exercise any rights and remedies
attendant to the enforcement of a Commission Order.
12. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
Investigation with respect to the Licensee and its Principal. In
consideration for the termination of said Investigation, the Licensee
agrees to the terms, conditions, and procedures contained herein. The
Bureau further agrees that, in the absence of new material evidence,
the Bureau will not use the facts developed in this Investigation
through the Effective Date of the Consent Decree, or the existence of
this Consent Decree, to institute, on its own motion, any new
proceeding, formal or informal, or take any action on its own motion
against the Licensee and its Principal concerning the matters that
were the subject of the Investigation. The Bureau also agrees that it
will not use the facts developed in this Investigation through the
Effective Date of this Consent Decree, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal
or informal, or take any action on its own motion against the Licensee
and its Principal with respect to the Licensee's basic qualifications,
including its character qualifications, to be a Commission licensee.
13. Compliance Plan. For purposes of settling the matters set forth
herein, the Licensee agrees to create and implement within thirty
(30) days of the Effective Date a Compliance Plan related to future
compliance with the Act, the Rules, and the Commission's Orders. The
Compliance Plan shall include, at a minimum, the following components:
a. Compliance Officer. The Licensee shall designate an individual to
serve as its Compliance Officer, who shall be responsible for
administering the Compliance Plan. In discharging such duties, the
Compliance Officer, if not an FCC regulatory counsel, shall consult
with and be assisted by outside FCC regulatory counsel.
b. Counsel Consultation. The Licensee shall consult with outside FCC
regulatory counsel regarding the Licensee's overall compliance with
the Unauthorized Transfer of Control Laws, the Underwriting Laws, and
the Origination Laws on an annual basis, if not more frequently.
c. Review Procedure. The Licensee shall utilize a review procedure for
underwriting content to be aired on Station W264AS and Station
W272BA. All scripts of announcements shall be reviewed by the
Licensee or its Compliance Officer, prior to broadcast, for
compliance with the Underwriting Laws.
d. Training. The Licensee shall train any and all employees on
acceptable underwriting content that complies with the Underwriting
Laws. Within thirty (30) days of being hired by the Licensee, any new
Licensee employee shall be trained as to acceptable underwriting
content that complies with the Underwriting Laws. In addition, the
Licensee's employees shall receive refresher training, on an annual
basis, regarding existing guidelines and, where applicable, pertinent
changes to the Underwriting Laws.
e. Education Program. The Licensee shall implement and maintain a plan
to educate prospective underwriters about appropriate underwriting
content and how the Licensee incorporates such underwriting content
in the messages that it prepares for underwriter approval and
eventual broadcast. To that end, the Licensee shall summarize the
Underwriting Laws for each client before it accepts any contract with
the prospective underwriter to air underwriting messages over Station
W264AS and Station W272BA and prepares the underwriting message for
the underwriter's review. The Licensee shall not broadcast any
announcement that does not comply with the Underwriting Laws.
f. Origination. Station W264AS and Station W272BA shall not air
underwriting messages in excess of the thirty-second per hour
limitation pursuant to the Origination Laws.
g. Employment; Control. The Licensee shall not allow Randy Bennett
and/or Community Radio Foundation of Florida, Inc. to work for,
contract for, consult for, or hold any ownership interest (outright
or beneficial, through any mechanism, including de facto control) in
the Licensee and the Stations.
h. Assignment. The Licensee shall not assign any of the authorizations
of the Stations to Randy Bennett and/or Community Radio Foundation of
Florida, Inc. or to any entity in which Randy Bennett and/or
Community Radio Foundation of Florida, Inc. holds any ownership
interest (outright or beneficial, though any mechanism, including de
facto control).
i. Termination Date. Unless stated otherwise, the requirements of this
Compliance Plan will expire three (3) years after the Effective Date
or upon the Licensee's complete assignment of all Commission
licenses, whichever is earlier.
14. Cooperation. The Principal agrees to make his best efforts to
cooperate with the
Commission and the Bureau and provide written statements and/or serve as a
witness as requested in any other investigations conducted by the
Commission or the Bureau and/or hearings involving the Commission as part
of this proceeding (EB-05-IH-1022). As part of such cooperation, the
Principal, as an officer of the court, commits to telling the truth. Any
such cooperation provided shall be limited to the facts and circumstances
within the knowledge of the Licensee and its Principal as it pertains to
matters subject to this investigation. This commitment shall extend
throughout the duration of such proceedings regardless of whether David
Carus & Associates is still the licensee of any of the Stations.
Notwithstanding this provision, the Commission, Bureau, and the Principal
reserve any and all legal rights that they would otherwise have.
15. Updated Contact Information. The Principal agrees to provide to the
Commission any updated contact information (phone number and/or
mailing address) for him for the next three (3) years after the
Effective Date. This information should be submitted to Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, Room 4-C330, 445 12th Street, S.W.,
Washington, D.C. 20554.
16. Compliance Reports. The Licensee shall file compliance reports with
the Commission ninety (90) days after the Effective Date, twelve (12)
months after the Effective Date, twenty-four (24) months after the
Effective Date, and upon expiration of the Compliance Plan in this
Consent Decree, as defined above in Paragraph 13.i. of the Compliance
Plan. This compliance reporting requirement will expire three (3)
years after the Effective Date or upon the Licensee's complete
assignment of all Commission licenses, whichever is earlier. Each
compliance report shall include a compliance certificate from the
Compliance Officer, as defined in Paragraph 13.a. of the Compliance
Plan, as an agent of the Licensee, stating that the Compliance Officer
has personal knowledge that the Licensee: (i) has established
operating procedures intended to ensure compliance with the terms and
conditions of this Consent Decree, the Unauthorized Transfer of
Control Laws, the Underwriting Laws, and the Origination Laws,
together with an accompanying statement explaining the basis for the
Compliance Officer's certification; (ii) has been utilizing those
procedures since the previous Compliance Report was submitted; and
(iii) is not aware of any instances of non-compliance. The
certification must comply with section 1.16 of the Rules and be
subscribed to as true under penalty of perjury in substantially the
form set forth therein. If the Compliance Officer cannot provide the
requisite certification, the Compliance Officer, as an agent of and on
behalf of the Licensee, shall provide the Commission with a detailed
explanation of: (i) any instances of non-compliance with this Consent
Decree, the Unauthorized Transfer of Control Laws, the Underwriting
Laws, or the Origination Laws; and (ii) the steps that the Licensee
has taken or will take to remedy each instance of non-compliance and
ensure future compliance, and the schedule on which proposed remedial
actions will be taken. All compliance reports shall be submitted to
the Chief, Investigations and Hearings Division, Enforcement Bureau,
Federal Communications Commission, Room 4-C330, 445 12th Street, S.W.,
Washington, D.C. 20554, with a copy submitted electronically to Anjali
Singh at Anjali.Singh@fcc.gov, and to Melissa Marshall at
Melissa.Marshall@fcc.gov.
17. Voluntary Contribution. The Licensee agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
six thousand five hundred dollars ($6,500). The payment will be made
within thirty (30) calendar days after the Effective Date of the
Adopting Order. The payment 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 in the caption to the Adopting Order. 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). The Licensee will also send electronic
notification on the date said payment is made to
Terry.Cavanaugh@fcc.gov, Anjali.Singh@fcc.gov, and
Melissa.Marshall@fcc.gov.
18. Waivers. The Licensee waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal or stay, or
to otherwise challenge or contest the validity of this Consent Decree
and the Order adopting this Consent Decree, provided the Commission
issues an Order adopting the Consent Decree without change, addition,
modification, or deletion. The Licensee shall retain the right to
challenge Commission interpretation of the Consent Decree or any terms
contained herein. If either Party (or the United States on behalf of
the Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither the Licensee nor the Commission shall contest
the validity of the Consent Decree or the Adopting Order, and the
Licensee shall waive any statutory right to a trial de novo. The
Licensee hereby agrees to waive any claims it may otherwise have under
the Equal Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S:
1.1501 et seq., relating to the matters addressed in this Consent
Decree.
19. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
proceeding.
20. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent rule or Order adopted
by the Commission (except an Order specifically intended to revise the
terms of this Consent Decree to which the Licensee does not expressly
consent) that provision will be superseded by such Commission rule or
Order.
21. Admission of Liability. Notwithstanding any of the Licensee's prior
submissions in this proceeding, the Licensee admits, for Commission
civil enforcement purposes and in express reliance on the provisions
of Paragraph 12 herein, that its actions with respect to the ownership
and control of the Stations and the broadcast of underwriting
announcements and originations referenced in Paragraph 7 herein
violated the Commission regulations and requirements in force at the
time of such actions.
22. Investigation of Other Individuals and/or Entities in Proceeding. The
Commission and the Bureau retain their authority to investigate the
conduct of other individuals and/or entities in this proceeding
(EB-05-IH-1022) or any investigation or matter related to this
proceeding. The Commission and the Bureau reserve the right to use
facts developed during the course of this Investigation in any
investigation of other individuals and/or entities in this proceeding
(EB-05-IH-1022) or any investigation or matter related to this
proceeding.
23. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties.
24. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
25. Paragraph Headings. The headings of the Paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
26. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
27. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
David S. Carus
President
David Carus & Associates
________________________________
Date
See 47 U.S.C. S:S: 399b, 310(d).
See 47 C.F.R. S:S: 73.503(d), 73.3540, 74.1231(g).
Although the Bureau is terminating its investigation into whether the
Licensee engaged in conduct that violated these laws, the Commission and
the Bureau retain their right to investigate the conduct of other targets
in the above-captioned proceeding against which investigations under this
same file number (EB-05-IH-1022) remain pending.
The Bureau's assessment that the Licensee possesses the basic
qualifications to hold or obtain a Commission license or authorization
applies to the Licensee's qualifications as a corporate entity. This
finding, however, does not foreclose the Commission and the Bureau from
making a separate assessment into whether the conduct of other targets in
the above-captioned proceeding, against which investigations under this
same file number (EB-05-IH-1022) remain pending, raises questions
regarding their basic qualifications to hold or obtain a Commission
permit, license, or authorization.
See 47 U.S.C. S: 154(i).
See 47 C.F.R. S:S: 0.111, 0.311.
See 47 U.S.C. S:S: 399b, 310(d).
See 47 C.F.R. S:S: 73.503(d), 73.3540, 74.1231(g).
See Letter from Anjali K. Singh, Acting Assistant Chief, Investigations
and Hearings Division, Enforcement Bureau, Federal Communications
Commission, to David Carus & Associates, dated June 23, 2010.
See 47 U.S.C. S: 310(d); 47 C.F.R. S: 73.3540.
See 47 U.S.C. S: 399b(a).
See 47 U.S.C. S: 399b(b)(2).
See Commission Policy Concerning the Noncommercial Nature of Educational
Broadcasting Stations, Public Notice (1986), republished, 7 FCC Rcd 827
(1992).
See id.
See Xavier University, Letter of Admonition, issued November 14, 1989
(Mass Med. Bur.), recons. granted, Memorandum Opinion and Order, 5 FCC Rcd
4920 (1990).
See 47 C.F.R. S: 74.1231(g).
See id.
See Great Lakes Community Broadcasting, Inc., Memorandum Opinion and
Order, 18 FCC Rcd 25101, 25103-04 (Enf. Bur., Investigations & Hearings
Div. 2003) (citing Amendment of Part 74 of the Commission's Rules
Concerning FM Translator Stations, Report and Order, 5 FCC Rcd 7212, 7217
(1990)). See also 47 C.F.R. S: 74.1201 (referring to a noncommercial FM
translator as an FM broadcast translator station which rebroadcasts the
signals of a noncommercial educational AM or FM radio broadcast station).
See supra note 3.
See Letter from David S. Carus, President of David Carus & Associates,
LLC, to Anjali K. Singh, Acting Assistant Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission,
filed August 23, 2010 ("Response"); E-mail from David Carus, President of
David Carus & Associates, LLC, to Melissa Marshall, Attorney Advisor,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, submitted September 2, 2010.
Public Radio Information Services of Central Florida, Inc. is the
permittee of low power FM station WNRG-LP, Palm Bay, Florida (Facility ID
135652).
See Response at 3-6.
See id. at 1-2.
See 47 C.F.R. S: 74.1231(g).
See E-mail from David S. Carus, President of David Carus & Associates,
LLC, to Melissa Marshall, Attorney Advisor, Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, submitted
November 9, 2010.
See FCC File No. BLSTA-20101026AAX.
See FCC File No. BLSTA-20110103AAM.
This termination is without prejudice to the Commission's and/or the
Bureau's prosecution of other individuals and/or entities in this
proceeding (EB-05-IH-1022) or any investigation or matter related to this
proceeding.
See infra Paragraph 22.
See id.
While Station W272BA and Station W264AS have suspended operations under
authority granted by the Commission, the obligations set forth in
Paragraphs 13.c., 13.d., 13.e., and 13.f. of this Consent Decree will not
apply with respect to those stations; such provisions, however, must be
complied with immediately upon resumption of operations or expiration of
the authority.
In determining de facto control, the Commission traditionally looks beyond
the legal title to whether an entity or individual has obtained the right
to determine the basic operating policies of the station. See WHDH, Inc.,
Memorandum Opinion and Order, 17 FCC 2d 856 (1969), aff'd sub nom.,
Greater Boston Television Corp. v. FCC, 444 F.2d 841 (D.C. Cir. 1970),
cert. denied, 403 U.S. 923 (1971). While such an analysis transcends
formulas, the Commission generally looks to policies concerning
programming, personnel, and finances to make this determination. See,
e.g., Stereo Broadcasters, Inc., Decision, 87 FCC 2d 87 (1981), recon.
denied, 50 RR 2d 1346 (1982).
See supra note 26.
There is a pending application to assign the authorizations for Station
W272BA and Station W264AS to National Christian Network, Inc. See FCC File
No. BALFT-20110107AER.
See 47 C.F.R. S: 1.16.
The Consent Decree between the Bureau and David Carus & Associates applies
only to David Carus & Associates as a corporate licensing entity and its
Principal and does not constitute a settlement between the Commission or
the Bureau and any other individuals and/or entities in this proceeding
(EB-05-IH-1022) or any investigation or matter related to this proceeding.
Federal Communications Commission DA 11-862
2
Federal Communications Commission DA 11-862