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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. 99TP016
Joy Public Broadcasting Corporation ) NAL/Acct. No.
Radio Station WJTF-FM )
Panama City, Florida )
MEMORANDUM OPINION AND ORDER
Adopted: March 8, 2000 Released: March 9, 2000
By the Chief, Enforcement Bureau:
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.
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.
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.