Copies of Consumers Union's petition for reconsideration and other documents filed in this matter may be obtained from International Transcription Service, Inc., 445 12th Street, S.W., Room CY-B400, Washington, D.C. 20554, telephone (202) 314-3070, TTY (202) 293-8810, facsimile (202) 314-3076, email knash@fcc.gov, Internet http://www.itsdocs.com. Copies will also be available through the Commission's Electronic Comment Filing System and will be available for public inspection and copying during normal reference room hours at the Commission's Reference Center, 445 12th Street, S.W., CYA257, Washington, D.C. 20554, telephone (202) 418-7092. Media contact: Michelle Russo (202) 418-2358 Cable Services Bureau Contact: Linda Senecal (202) 418-7044, or Royce Dickens Sherlock (202) 418-7030 TTY: (202) 418-7172 or (888) 835-5322. --FCC- 1. In this Memorandum Opinion and Order ("Order"), we deny a petition for reconsideration filed by Joy Public Broadcasting Corporation ("Joy"), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on January 29, 2001.' This is the fourth petition for reconsideration filed by Joy in connection with a Forfeiture Order' which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules ("Rules"). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. 2. In its fourth petition for reconsideration, Joy again challenges the statement in the Forfeiture Order that the November 17, 1998, inspection of WJTF-FM by the FCC's Tampa, Florida Field Office ("Tampa Field Office") revealed a violation of Section 73.317(d) of the Rules, which provides that any emissions appearing on a frequency removed from the carrier by more than 600 kHz must be attenuated at least 43 + 10 Logo (Power, in watts) dB below the level of the unmodulated carrier, or 80 dB, whichever is the lesser attenuation. Measurements taken by agents from the Tampa Field Office during the November 17, 1998, inspection indicated that WJTF-FM's second and third harmonics were not attenuated to 80 dB below the fundamental frequency as required by Section 73.317(d) of the Rules, and the Tampa Field Office included this violation in a Notice of Violation issued to Joy on December 4, 1998. However, the Tampa Field Office did not include this violation in the Notice of Apparent Liability for a Forfeiture (“NAL”) issued to Joy on February 4, 1999, because 1 Joy Public Broadcasting Corporation, Inc., DA 01-184 (Enf. Bur., released January 29, 2001). 2 14 FCC Rcd 856 (Compl. & Inf. Bur., 1999), recon. denied, 15 FCC Rcd 8575 (Enf. Bur., 2000), recon. denied, 15 FCC Rcd 18255 (Enf. Bur., 2000), recon. granted in part, DA 01-184 (Enf. Bur., released January 29, 2001). 3 47 C.F.R. §§ 73.1350(c)(2), 73.1590(a)(1) and 73.1870(b)(3). * 47 C.F.R. § 73.317(d). 3 Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 915TP00004 (Compl. & Inf. Bur., Tampa, Florida Field Office, released February 4, 1999). measurements of the station's signal taken by FCC agents on January 20, 1999, showed no violation of Section 73.317(d). In the January 29, 2001, Memorandum Opinion and Order, we granted Joy's third petition for reconsideration for the limited purpose of ruling that the Tampa Field Office's finding of a violation of Section 73.317(d) during the November 17, 1998, inspection will not be used against Joy in any future proceeding. In light of this ruling, we concluded that Joy's argument that there was no violation of Section 73.317(d) was moot and required no further consideration. In its instant petition for reconsideration, Joy argues that the Bureau must delete the indication that WJTF-FM violated Section 73.317(d) because there is no support in the record for that finding. 3. We deny Joy's petition for reconsideration. The violation of Section 73.317(d) cited in the NOV issued to Joy was not included in the NAL. Furthermore, we made clear in our January 29, 2001, Memorandum Opinion and Order that this violation will not be used against Joy in any future proceeding. Joy's argument that there was no violation of Section 73.317(d) is beyond the scope of this proceeding. This proceeding is not the proper vehicle for challenging a violation that was not included in the NAL. 7 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended ("Act")," and Section 1.106 of the Rules, Joy Public Broadcasting Corporation's petition for reconsideration of the January 29, 2001, Memorandum Opinion and Order IS DENIED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Joy Public Broadcasting Corporation, 341 S. Washington, Lancaster, Wisconsin 53813, and to its counsel, Timothy E. Welch, Esq., Hill & Welch, 1330 New Hampshire Avenue N.W., Suite 113, Washington, D.C. 20036. 6 47 U.S.C. § 405 FEDERAL COMMUNICATIONS COMMISSION David H. Alons David H. Solomon Chief, Enforcement Bureau Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202/418-0500 TTY 202/418-2555 ftp.fcc.gov DA 01-933 April 23, 2001 Comments Requested on The MITRE Corporation Report on Technical Analysis of Potential in the 12.2 - 12.7 GHz Band (ET Docket 98-206) On April 18, 2001, MITRE Corporation delivered to the FCC a Report titled "Analysis of Potential MVDDS Intereference to DBS in the 12.2-12.7 GHz Band." The MITRE Corporation report was conducted pursuant to Section 1012, Prevention of Interference to Direct Broadcast Satellite Services, of the Commerce, Justice, State and Judiciary Appropriations Act, (CJSJA Act), H.R. 5548 (enacted on December 21, 2000, as part of Pub. L. 106-553). This document can be found through the Commission's Electronic Comment Filing System (ECFS) at www.fcc.gov/e-file/ecfs.html. It can also be found directly at www.fcc.gov/oet/inf/mitrereport/. (The report contains many color diagrams so use of a color printer is recommended in order to follow the technical details in hard copies.) Pursuant to the statute, we seek comment on this report. The First Report and Order and Further Notice of Proposed Rulemaking in ET Docket 98-206, released December 8, 2001 (http://www.fcc.gov/Bureaus/Engineering Technology/Orders/2000/fcc00418.pdf) proposed that a new Multichannel Video Distribution and Data Service (MVDDS) share the existing Direct Broadcast Satellite Service (DBS) downlink allocation at 12.2-12.7 GHz. The MITRE Corporation report addresses the question of possible interference from MVDDS to DBS users in accordance with Section 1012 of the CJSJA Act. Comments on The MITRE Corporation report shall be filed by no later than May 15, 2001. Replies to the comments shall be filed no later than May 23, 2001. Comments and replies are to be filed with the Commission following the same procedures applicable to the First Report and Order and Further Notice of Proposed Rule Making in this proceeding, ET Docket No. 98-206. Comments filed through the ECFS can be sent as an electronic file via the Internet at www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by Internet e-mail. To obtain filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message: "get form <your e-mail address>". A sample form and directions will be sent in reply. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Generally, only one electronic submission must be filed. If filing by paper, parties must file an original and four copies. Parties should send comments to the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. encouraged to file a copy of all pleadings on a 3.5 inch diskette in Word 97 format. Parties are also This matter shall be treated as a "permit-but-disclose" proceeding in accordance with the Commission's ex parte rules. See 47 C.F.R. §§ 1.1200 and 1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance or the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented generally is required. See 47 C.F.R. § 1.1206(b). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in 47 C.F.R. § 1.1206(b). This action is taken pursuant to authority found in Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 303(r); and pursuant to Sections 0.31 and 0.241 of the Commission's Rules, 47 C.F.R. §§ 0.31 and 0.241. By the Acting Chief, Office of Engineering and Technology Office of Engineering and Technology contacts: MITRE Study: Michael Marcus at (202) 418-2418, mmarcus@fcc.gov |