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Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Catholic Radio Network of Loveland, Inc.
Former Licensee of Station KPIO(AM)
Loveland, Colorado
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File No.: EB-10-DV-0407
NAL/Acct. No.: 201232800001
FRN: 0018470849
Facility ID No.: 35517
MEMORANDUM OPINION AND ORDER
Adopted: June 10, 2015 Released: June 11, 2015
By the Commission:
We deny the Application for Review filed by Catholic Radio Network of Loveland, Inc. (Catholic Radio), former licensee of Station KPIO(AM), in Loveland, Colorado (Station), seeking review of the Memorandum Opinion and Order issued by the Enforcement Bureau (Bureau) denying Catholic Radio's petition for reconsideration. In the Memorandum Opinion and Order, the Bureau affirmed a forfeiture against Catholic Radio in the amount of $3,200 for willfully and repeatedly violating Section 73.1745(a) of the Commission's rules (Rules) by failing to operate the Station within authorized power limits. In its Application for Review, Catholic Radio raises two issues, both of which were argued previously before the Bureau and rejected.
Upon review of the Application for Review and the entire record, we conclude that Catholic Radio fails to demonstrate that the Bureau erred. Catholic Radio continues to contend that its violation was not willful because it was unaware that its transmitter was operating at the increased power and consequently its actions cannot be considered "conscious and deliberate" as required for a finding of "willful" pursuant to the Communications Act of 1934, as amended (Act). The Commission has previously determined that the conscious and deliberate operation of a broadcast station that results in unauthorized emissions, even if the licensee is not aware of the unauthorized emissions, fulfills the "willful" standard required under the Act. There is no dispute that Catholic Radio consciously and deliberately operated Station KPIO(AM) on the days in question and, therefore, its operation was willful. Furthermore, we note that the Bureau not only determined that Catholic Radio willfully violated Section 73.1745(a) of the Rules, it found that Catholic Radio also repeatedly violated that Rule, as the overpower operation occurred for multiple days, a finding Catholic Radio does not dispute. Therefore, a finding of willfulness was not essential to imposition of the forfeiture. Consequently, we affirm the forfeiture.
Accordingly, IT IS ORDERED that, pursuant to Section 5(c)(5) of the Act and Section 1.115 of the Rules, the Application for Review filed by Catholic Radio IS DENIED.
IT IS FURTHER ORDERED that the Memorandum Opinion and Order IS AFFIRMED and that pursuant to Section 503(b) of the Act and Section 1.80 of the Rules, Catholic Radio SHALL PAY A MONETARY FORFEITURE in the amount of three thousand, two hundred dollars ($3,200) as specified in the Memorandum Opinion and Order.
IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent by first class mail and certified mail, return receipt requested, to Catholic Radio Network of Loveland, Inc., 201 N. Industrial Park Road, Excelsior Springs, MO 64024, and to its counsel, Dennis J. Kelly, Esq., P.O. Box 41177, Washington, DC 20018.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary