**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In re Application of             | *  | Facility I.D. No**.** 54768  |
|                                  | *) |                              |
| **South Seas Broadcasting,       | ** | NAL/Acct. No. MB200741410375 |
| Inc.**                           |    |                              |
|                                  | *  | FRN: 0006947618              |
| For Renewal of License for       | *) |                              |
|                                  | ** | File No. BR-20050928ADD      |
| Station WVUV(AM)                 |    |                              |
|                                  | *  |                              |
| Leone, American Samoa            | *) |                              |
|                                  | ** |                              |
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|                                  | *) |                              |
|                                  | ** |                              |
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|                                  | *) |                              |
|                                  | ** |                              |
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|                                  | *) |                              |
|                                  | ** |                              |
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|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**AND**

**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted: April 15, 2008 Released: April 16, 2008**

By the Chief, Media Bureau:

**I. INTRODUCTION**

1\. The Commission has before it the captioned application of South Seas
Broadcasting, Inc. ("South Seas" or the "Licensee") for renewal of its
license for Station WVUV(AM), Leone, American Samoa (the "Station"); a
Petition to Deny ("Petition") filed by District Council of the
Assemblies of God in American Samoa ("District Council") on June 5,
2006; and an Opposition to the Petition file by the Licensee on July 10,
2006. In this *Memorandum Opinion and Order and Notice of Apparent
Liability for Forfeiture ("NAL")* issued pursuant to Sections 309(k) and
503(b) of the Communications Act of 1934, as amended (the "Act"), and
Section 1.80 of the Commission's Rules (the "Rules"),[^1] by the Chief,
Media Bureau, by authority delegated under Section 0.283 of the
Rules,[^2] we find that the Licensee apparently willfully and repeatedly
violated Section 73.1350 of the Rules,[^3] by engaging in operation of
the Station at an unauthorized site; and willfully and repeatedly
violated Section 73.1740 of the Rules,[^4] by leaving the Station silent
without the proper authorization. Based upon our review of the facts and
circumstances before us, we conclude that the Licensee is apparently
liable for a monetary forfeiture in the amount of eighteen thousand
dollars (\$18,000) and we grant the captioned WVUV(AM) license renewal
application for a term of two years from the release date of this Order.

**II. BACKGROUND**

2\. Section 73.1350 of the Rules prohibits operation of a broadcast
station at variance from the terms of the Station's authorization.
Section 73.1635 permits a licensee to request special temporarily
authorization ("STA") to operate for a limited time at variance from the
terms of the Station's authorization. Under this Rule, a licensee must
request STA ten days *prior* to beginning operation at a variance from
the terms of its authorization. Section 73.1740 of the Rules requires a
licensee to notify the Commission if the Station discontinues operation
due to "causes beyond the control of the licensee." If the Station is
silent for more than 30 days, a licensee must seek an STA to remain
silent. Notwithstanding the provisions of Section 73.1635 of the Rules,
if a station remains silent for twelve consecutive months, the license
expires at the end of the twelve months as a matter of law.[^5]

3\. The Licensee acquired the Station on March 13, 2000.[^6] At that
time, the station was off the air due to a fire at the transmitter site
that occurred on May 4, 1999. However, neither the previous owner, Radio
Samoa, Ltd., nor the Licensee, applied for special temporary
authorization ("STA") to remain silent for more than 30 days, as
required by Section 73.1740 of the Rules. The Station returned to the
air on April 27, 2000, using a temporary antenna strung between two
towers on Mount Alava, near Pago Pago, American Samoa (the "2000
Temporary Facilities"), and was operational for three days. The Licensee
did not, as the Rules require, seek prior approval for these temporary
operations. On April 30, 2000, the Station once again went off the air
due to transmitter problems. On May 1, 2000, the Licensee purportedly
filed a request for STA to operate with the 2000 Temporary
Facilities.[^7] On May 30, 2000, the Licensee apparently requested an
STA to remain silent because the transmitter problems of April 30, 2000,
were not yet resolved.[^8] Subsequently, although it had received no
letter from the staff granting the May 2000 STA Request, the Station
resumed broadcasting on June 23, 2000, using the 2000 Temporary
Facilities.[^9]

4\. On September 3, 2003, the Commission received a letter from a
citizen of Leone indicating that the Station may have been off the air
since 1999.[^10] On February 4, 2004, the staff sent a letter of inquiry
to the Licensee asking it to clarify the Station's operational
status.[^11] Receiving no response from the Licensee, the staff sent a
second inquiry letter on February 25, 2004.[^12] On March 8, 2004, the
Licensee responded to the staff's letter of inquiry and admitted that
the Station was silent from May 4, 1999, to April 27, 2000. It also
stated that in December of 2003 it had gone off the air again due to
lightning striking the Station's tower and that the Station was still
off the air.[^13] The Licensee acknowledged that it violated Commission
Rules by failing to promptly file an STA when the Station went off the
air in December of 2003, and in that same letter the Licensee requested
STA to remain silent for an additional 30 days.[^14] The Station resumed
operating on March 13, 2004, at a new location in Pago Pago (the "2004
Temporary Facilities"). The Licensee indicates that on March 19, 2004,
it requested STA to operate with the 2004 Temporary Facilities, stating
that the 2000 Temporary Facilities were destroyed by Cyclone Heta, which
struck American Samoa in January, 2004.[^15]

5\. On August 25, 2004, the Licensee notified the Commission that the
Station was once again off the air as of August 16, 2004.[^16] On
November 22, 2004, the Licensee requested STA to continue Station
operations with the 2004 Temporary Facilities.[^17] On November 30,
2004, the staff sent a third inquiry letter to the Licensee requesting
additional information regarding (1) the Station's silence between May
4, 1999, and April 27, 2000; and (2) an STA request for authorization to
use the 2000 Temporary Facilities, which the Licensee claimed to have
filed on July 8, 2000, but of which the Commission had no record.[^18]
Specifically, the staff sought evidence that the Station had returned to
the air with authorized facilities within twelve months of May 4,
1999.[^19] The November 30, 2004, staff letter warned the Licensee that
if no response was forthcoming within 30 days, the Station's license
would be cancelled and its call sign deleted. On December 1, 2004, the
staff granted the November 2004 STA Request, conditioned on the
Licensee's responding to the November 30, 2004, inquiry letter.[^20] The
Station returned to the air on December 4, 2004, using the 2004
Temporary Facilities authorized in the December 2004 STA.[^21]

6\. On January 26, 2005, the staff notified the Licensee that the
Station's broadcast license expired as a matter of law and its call sign
deleted because the Licensee had failed to respond to the November 30,
2004, inquiry letter and had not demonstrated that the Station had
returned to the air with authorized facilities between May 4, 1999, and
May 5, 2000.[^22] On January 28, 2005, the Licensee filed a response to
the November 2004, inquiry letter -- dated January 18, 2005 \-- stating
that the Station was off the air when the Licensee acquired the Station
on March 13, 2000, because a fire had damaged the transmitter beyond
repair.[^23] The Licensee acknowledges it was aware the Station was
required to return to the air before May 5, 2000, or the license would
be forfeited, thus "took immediate steps" to construct the 2000
Temporary Facilities, and the Station resumed operation on April 27,
2000, before the twelve-month period expired. The Licensee further
stated the local land laws of American Samoa made it "extremely
difficult" to find a suitable parcel of land on which to construct a new
permanent transmission system for the Station, necessitating the
construction of the 2004 Temporary Facilities after the 2000 Temporary
Facilities were destroyed. The Licensee noted that it is awaiting the
grant of a construction permit for a new permanent transmitter site[^24]
and that it "remains committed to restoring WVUV(AM) to full-power
operation as soon as possible."[^25]

7\. On February 25, 2005, the Licensee also filed a Petition for
Reconsideration (the "Petition") of the January 26, 2005, staff action
and asked for reinstatement of its license. In the Petition, the
Licensee stated the Station had been operating since April 27, 2000,
using the 2000 Temporary Facilities, for which the Licensee claims it
properly filed an STA request on May 1, 2000. The Licensee further
stated that while it never received a letter granting its STA request,
it kept the Commission informed of the Station's operational status,
including the construction of the 2004 Temporary Facilities, and the
cancellation of its license was unwarranted. On May 5, 2006, the staff
granted the Licensee's Petition for Reconsideration, holding that the
Licensee had provided conclusive proof, consisting of Commission
date-stamped STA requests, that the Station resumed operations on April
27, 2000, with an emergency antenna as authorized by Section 73.1680 of
the Rules.[^26] Thus, the staff found that the Station had not been
silent for twelve consecutive months, reinstated the Station's license,
and admonished the Licensee for its failure to request authorization for
emergency facilities within 24 hours of April 27, 2000.[^27]

8\. By its terms, the December 2004 STA expired on June 1, 2005.
Nevertheless, the station continued to operate with the facilities
approved in the December 2004 STA until, on February 28, 2006, the
Station once again went off the air. On March 10, 2006, the Licensee
filed an STA request for permission to remain silent.[^28] The staff
granted this silent STA request on May 25, 2006.[^29] On May 19, 2006,
the Licensee filed an STA request to operate the Station with an
emergency antenna, and admitted allowing the December 2004 STA to lapse,
thus operating the Station from June 1, 2005, until it ceased operations
on February 28, 2006, without authorization from the Commission.[^30] On
May 30, 2006, the staff granted the Licensee's STA request to operate
with an emergency antenna, but specifically noted that the authorization
did not cover the time period commencing June 1, 2005.[^31]

9\. On November 27, 2006, Licensee filed for an extension of the May 25,
2006, silent STA;[^32] the staff granted this request on November 28,
2006. On December 22, 2006, the Licensee requested an extension of the
May 20, 2006, emergency antenna STA.[^33] The staff granted the
Licensee's request on February 7, 2007, noting that if the Station did
not resume broadcasting by February 28, 2007, the Station's license
would expire as a matter of law.[^34] The Licensee subsequently notified
the Commission that the Station resumed operation with the 2004
Temporary Facilities on February 20, 2007. The Station appears to have
remained on the air since that time.[^35]

**III. DISCUSSION**

10\. *Petition to Deny*. In its Petition, District Council states that
South Seas' license for Station WVUV(AM) should be revoked, because,
*inter alia*, the station has been silent since June 1998. District
Council further states that: (1) it is the current lessee of South Seas'
former licensed transmitter site, which District Council now uses as the
tower site for Station KJAL(AM), Tafuna, American Samoa; (2) despite the
fact that South Seas has not had permission to use the site since
January 1, 2000, District Council staff have discovered South Seas'
personnel trespassing on the site in an attempt to string a long-wire
antenna on at least one occasion; and (3) "WVUV(AM) has been operating
at greatly reduced power. . . for a period of several years. . . without
the Commission's approval or pursuant to Special Temporary
Authority."[^36]

11\. In response, South Seas states that when it attempted to return the
Station to the air on April 25, 2000, by installing a temporary
long-wire antenna at its licensed facilities, it was "unaware that
District Council had entered into a lease agreement to use the
site."[^37] South Seas states that it moved to the 2000 Temporary
Facilities shortly thereafter and removed all equipment from the site
now controlled by District Council.[^38]

12\. As discussed below, we find that while the Station has operated at
reduced power or been silent for a significant portion of the license
term, it has not been silent since June 1998. For these reasons we will
grant the Petition in part, and deny it in part.

13\. *Proposed Forfeiture.* We find that the Licensee apparently
violated the Commission's Rules on three separate occasions. The record
indicates that the Licensee failed to timely request an STA for two
periods of silence, from March 13, 2000 (when the Licensee acquired the
Station), through April 27, 2000, and from December of 2003 to March 8,
2004. Additionally, the Licensee operated the Station at a variance from
the facilities authorized in the Station's license without Commission
authorization for a period of nearly eight months, from June 1, 2005, to
February 28, 2006.[^39]

14\. This *NAL* is issued pursuant to Section 503(b)(1)(B) of the Act.
Under that provision, any person who is determined by the Commission to
have willfully or repeatedly failed to comply with any provision of the
Act or any rule, regulation, or order issued by the Commission shall be
liable to the United States for a forfeiture penalty.[^40] Section
312(f)(1) of the Act defines willful as "the conscious and deliberate
commission or omission of \[any\] act, irrespective of any intent to
violate" the law.[^41] The legislative history to Section 312(f)(1) of
the Act clarifies that this definition of willful applies to both
Sections 312 and 503(b) of the Act,[^42] and the Commission has so
interpreted the term in the Section 503(b) context.[^43] Section
312(f)(2) of the Act provides that "\[t\]he term 'repeated,' when used
with reference to the commission or omission of any act, means the
commission or omission of such act more than once or, if such commission
or omission is continuous, for more than one day."[^44]

15\. The Commission's *Forfeiture Policy Statement* and Section
1.80(b)(4) of the Rules establish a base forfeiture amount of \$5,000
for unauthorized discontinuance of service and \$4,000 for operation at
an unauthorized location.[^45] In determining the appropriate forfeiture
amount, we may adjust the base amount upward or downward by considering
the factors enumerated in Section 503(b)(2)(D) of the Act, including
"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."[^46]

16\. In this case, the Licensee failed to seek Commission authorization
to operate the Station at a site different than that authorized, twice
failed to seek Commission authorization to discontinue operations, and
failed on several occasions to timely respond to Commission inquiries.
Moreover, the Licensee's erratic operation of the Station during the
prior license term is highly problematic. On balance, as discussed
further below, we believe that forfeiture and a short-term renewal,
rather than designation, is the appropriate sanction in these
circumstances. Taking into consideration these facts and all of the
factors required by Section 503(b)(2)(D) of the Act and the *Forfeiture
Policy Statement*, we propose a forfeiture for the full \$5,000 amount
for each period of unauthorized discontinuance of service, and the full
\$4,000 amount for the period of operation at an unauthorized location.
Additionally, we propose a forfeiture in the full amount of \$4,000 for
failure to respond to Commission communications. Thus, we propose a
forfeiture in the total amount of \$18,000.

17\. *License Renewal Application.* On September 28, 2005, the Licensee
timely filed the above captioned renewal application. In evaluating an
application for license renewal, the Commission's decision is governed
by Section 309(k) of the Act.[^47] That Section provides that if, upon
consideration of the application and pleadings, we find that: (1) the
station has served the public interest, convenience, and necessity; (2)
there have been no serious violations of the Act or the Rules; and (3)
there have been no other violations which, taken together, constitute a
pattern of abuse, we are to grant the renewal application.[^48] If,
however, the licensee fails to meet that standard, the Commission may
deny the application -- after notice and opportunity for a hearing under
Section 309(e) of the Act -- or grant the application "on terms and
conditions that are appropriate, including a renewal for a term less
than the maximum otherwise permitted."[^49]

18\. In this particular case, it is the listeners in Leone, American
Samoa, who were most severely impacted by the silence and low-powered
operation of the Station since 2000. A licensee faces a very heavy
burden in demonstrating that it has served the public interest where it
has remained silent for most or all of the prior license term.[^50] The
facts here present a close case. It is clear to us that the Licensee's
conduct has fallen far short of the service commitment which most
licensees provide to their communities of license on a daily basis.
Although the Licensee has not operated WVUV(AM) for a single day during
the prior license term with its licensed facilities, we cannot find, on
the record here, that Station WVUV(AM) was silent for most or all of
this period. Moreover, we find that the Licensee's apparent violations
of Sections 73.1350 and 73.1740 of the Rules do not, by themselves,
constitute "serious violations" warranting designation for evidentiary
hearing.

19\. However, on the facts before us we cannot find that the violations,
when considered together, do not constitute a pattern of abuse. We also
cannot find that Station WVUV(AM) served the public interest,
convenience, and necessity during the subject license term. The Licensee
has alternated between periods of unauthorized operation and
unauthorized discontinuance of operations of Station WVUV(AM); as
described above, during several periods of time when WVUV(AM) resumed
broadcast operation after being off the air with or without Commission
authority, it did so prior to or without receiving authorization for the
temporary facilities used. Additionally, the Licensee has been
unresponsive to staff inquiries regarding the Station's operations and
especially operations at variance to its authorizations. Although we
cannot find that the Licensee's violations of the Rules rises to such a
level that designation for evidentiary hearing is warranted,[^51] we
believe that additional measures are necessary in order to ensure that
the Licensee complies with the Act and the Rules in the future.
Accordingly, pursuant to Section 309(k) of the Act, we will grant the
renewal application for a term of two years from the release date of
this Order.[^52] This will afford the Commission an opportunity to
review the Licensee's ability to comply with the Act and the Rules and
to take whatever corrective actions, if any, that may be warranted at
that time.

**IV. ORDERING CLAUSES**

20\. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Section 1.80 of the
Commission's Rules, that South Seas Broadcasting, Inc. is hereby
NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of
eighteen thousand dollars (\$18,000) for the apparent willful and
repeated violations of Sections 73.1350 and 73.1635 of the Commission's
Rules.

21\. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
Rules, that, within thirty (30) days of the release date of this *NAL,*
South Seas Broadcasting, Inc. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.

22\. Payment of the proposed forfeiture must be made by check or similar
instrument, payable to the order of the Federal Communications
Commission. The payment must include the NAL/Acct. No. and FRN No.
referenced in the caption above. Payment by check or money order may be
mailed to Federal Communications Commission, at 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, BNF: FCC/ACV\--27000001 and
account number as expressed on the remittance instrument. If 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).

23\. The response, if any, must be mailed to Office of the Secretary,
Federal Communications Commission, 445 12^th^ Street, S.W., Washington
D.C. 20554, ATTN: Peter H. Doyle, Chief, Audio Division, Media Bureau,
and MUST INCLUDE the NAL/Acct. No. referenced above.

24\. The Commission will not consider reducing or canceling a forfeiture
in response to a claim of inability to pay unless the respondent
submits: (1) federal tax returns for the most recent three-year period;
(2) financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and objective
documentation that accurately reflects the respondent'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.

25\. Requests for full payment of the forfeiture proposed in this *NAL*
under the installment plan should be sent to: Associate Managing
Director-Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.[^53]

26\. IT IS FURTHER ORDERED that, the Petition to Deny filed by District
Council is granted to the extent indicated, and denied in all other
respects, and that pursuant to Section 309(k) of the Communications Act
of 1934, as amended, the license renewal application for Station
WVUV(AM), Leone, American Samoa (File No. BR-20050928ADD) IS GRANTED for
a period of two years from the date of the release of this Order.[^54]

27\. IT IS FURTHER ORDERED, that a copy of this *NAL* shall be sent, by
First Class and Certified Mail, Return Receipt Requested, to Mr. Larry
Fuss, South Seas Broadcasting, Inc., 9408 Grand Gate Street, Las Vegas,
Nevada 89143; and by First Class Mail to District Council of the
Assemblies of God in American Samoa, c/o Timothy R. Obitts, Esq., 8280
Greensboro Drive, 7^th^ Floor, McLean, Virginia 22102 .

FEDERAL COMMUNICATIONS COMMISSION

Monica Shah Desai

Chief, Media Bureau

[^1]: 47 U.S.C. §§ 309(k), 503(b); 47 C.F.R. § 1.80.

[^2]: *See* 47 C.F.R. § 0.283.

[^3]: 47 C.F.R. § 73.1350.

[^4]: 47 C.F.R. § 73.1740.

[^5]: 47 C.F.R. § 73.1750.

[^6]: *See* File No. BAL-19991228AAT, granted on March 3, 2000, and
    consummated on March 13, 2000.

[^7]: Although the Commission's records do not reflect the receipt of
    this filing, the Licensee later supplied a date-stamped copy of this
    request, a letter from Kirk A. Harnack, its then Vice-President and
    Director of Engineering received at the Commission's Mellon Bank
    Lockbox in Pittsburgh, Pennsylvania, with the appropriate filing fee
    on May 22, 2000 (the "May 2000 STA Request"). *See* Exhibit B to the
    Licensee's January 28, 2005, response to a staff inquiry letter,
    discussed *infra*. This letter indicated that South Seas attempted
    to restore operation utilizing WVUV(FM)'s former main facility at
    Leone, but discovered that the main transmitter had been damaged
    beyond repair; it also indicated that the station's tower and ground
    system had sustained significant damage. Thus, it was required to
    install a temporary antenna to return the station to the air prior
    to May 5, 2000.

[^8]: Although the Commission's records do not reflect the receipt of
    this filing, the Licensee later supplied a date-stamped copy of this
    request, a letter from its President, Larry Fuss, to Commission
    Secretary Magalie Roman Salas. The letter is dated May 20, 2000, and
    was received in the Commission's Mail Room on June 5, 2000. *See*
    Exhibit D to the Licensee's January 28, 2005, response.

[^9]: *See Letter from Larry Fuss, President, South Seas Broadcasting,
    Inc. to Ms. Magalie Roman Salas, Secretary, Federal Communications
    Commission from Larry Fuss, President, South Seas Broadcasting,
    Inc.* (dated Jun. 26, 2000). The letter indicates that power had
    been restored to the station and that it resumed operations on
    Friday, June 23, 2000. It does not specify the facilities with which
    the station resumed operation.

[^10]: *See Letter from Vickie L. Haleck to Office of the Secretary,
    Federal Communications Commission* (dated Sept. 4, 2003).

[^11]: *Letter to South Seas Broadcasting, Inc.*, Ref. 1800B3-ALM (MB
    Feb. 4, 2004).

[^12]: *Letter to South Seas Broadcasting, Inc*., Ref. 1800B3-ALM (MB
    Feb. 25, 2004).

[^13]: *Letter to Mr. H. Taft Snowdon, Supervisory Attorney, Audio
    Division, Media Bureau from Larry Fuss, President, South Seas
    Broadcasting*, (Rec'd Mar. 16, 2004).

[^14]: *Id.* at 2. The Licensee indicates that it planned to erect a new
    antenna at its studios in downtown Pago Pago and would file an STA
    request reflecting the new temporary facilities "once the station
    has resumed operation." *Id.*

[^15]: *Letter to Ms. Marlene Dortch, Secretary, Federal Communications
    Commission from Larry Fuss, President, South Seas Broadcasting*,
    (dated Mar. 16, 2004), submitted as Exhibit G to Licensee's February
    25, 2005, Petition for Reconsideration. The Licensee does not
    provide a date-stamped copy of this letter, and the Commission has
    no record of receiving it. Assuming *arguendo* Licensee's recitation
    of the facts, the resumption of operations prior to the filing of
    the STA request constitutes a violation of Section 73.1740.

[^16]: *See Letter to Mr. H. Taft Snowdon from Larry Fuss, President,
    South Seas Broadcasting* (dated August 5, 2004), submitted as
    Exhibit H to Licensee's February 25, 2005, Petition for
    Reconsideration. In this letter, the Licensee requests authority to
    remain silent "until such time as the transmitter repairs are
    completed." The Licensee does not provide a date-stamped copy of
    this letter, and the Commission has no record of receiving it.

[^17]: *See* File No. BLSTA-20041124AGY (the "November 2004 STA
    Request").

[^18]: *Letter to Mr. Larry Fuss, President, South Seas Broadcasting,
    Inc*., Ref. 1800B3-ALM (MB Nov. 30, 2004). In its March 8, 2004,
    letter, the Licensee claims it had filed for STA requesting
    authorization to use the 2000 Temporary Facilities. However, the
    Licensee did not provide a "stamped in" copy of this request and in
    later filings chose not to rely on the existence of such a request.

[^19]: Although the Licensee clearly resumed broadcast operations on
    April 27, 2000, to avoid automatic expiration of the Station's
    license under Section 312(g) of the Act, 47 U.S.C. § 312(g), this
    letter reminded the Licensee that a broadcast station cannot
    preserve its license by resuming operation with unauthorized
    facilities. *See Idaho Broadcasting Consortium*, Letter, 16 FCC Rcd
    1721 (MMB 2001).

[^20]: *Letter to Mr. Larry Fuss, President, South Seas Broadcasting,
    Inc*., Ref. 1800B3-CNM (MB Dec. 1, 2004) ("December 2004 STA")

[^21]: *Letter to* *Ms. Marlene Dortch, Secretary, Federal
    Communications Commission from Larry Fuss, President, South Seas
    Broadcasting*, (rec'd Dec. 29, 2004),

[^22]: *Letter to Mr. Larry Fuss, President, South Seas Broadcasting,
    Inc.*, Ref. 1800B3-ALM (MB Jan. 26, 2005).

[^23]: *Letter to Ms. Marlene H. Dortch, Secretary, Federal
    Communications Commission from Larry G. Fuss, President, South Seas
    Broadcasting, Inc*. (rec'd Jan. 28, 2005).

[^24]: File No. BMJP-20050118AEA. This application is still pending.

[^25]: *Letter to Ms. Marlene H. Dortch, Secretary, Federal
    Communications Commission from Larry G. Fuss, President, South Seas
    Broadcasting, Inc*. (rec'd Jan. 28, 2005).

[^26]: 47 C.F.R. § 73.1680. The emergency antenna rule permits licensees
    to construct temporary emergency antennas after a station's
    authorized antenna has been damaged without prior Commission
    approval. However, licensees must request permission to continue
    using such temporary emergency antennas within 24 hours of
    commencing use.

[^27]: *Letter to Mr. Larry Fuss,* Ref. 1800B3 (MB May 5, 2006) (the
    "*Staff Reconsideration Letter*").

[^28]: File No. BLSTA-20060310AHL.

[^29]: *Letter to Larry G. Fuss*, Ref. 1800B3-ALM (MB May 25, 2006).

[^30]: File No. BSTA-20060519ACU.

[^31]: *Letter to Mr. Larry G. Fuss, President, South Seas Broadcasting,
    Inc*., Ref. 1800B3-CNM (MB May 30, 2006).

[^32]: File No. BLESTA-20061127ADL.

[^33]: File No. BLESTA-20061222ADL.

[^34]: *Letter to Mr. Larry G. Fuss, President, South Seas Broadcasting,
    Inc*., Ref. 1800B3-CNM (MB Feb. 7, 2007).

[^35]: The February 7, 2007, extension of the emergency antenna STA was
    to expire on August 7, 2007. However, the Licensee timely requested
    a further extension of the emergency antenna STA on August 3, 2007.
    *See* File No. BLESTA-20070806AFV. The staff granted the extension
    on January 17, 2008. The extension will expire on July 17, 2008.

[^36]: Petition at 5.

[^37]: Opposition at 3.

[^38]: *Id*.

[^39]: Although the Licensee commenced Station operations on April 27,
    2000, without having received Commission authority to do so and did
    not file for emergency authorization within 24 hours of doing so,
    the Licensee was admonished for doing so in the *Staff
    Reconsideration Letter*. Additionally, staff review and approval of
    the 2000 Temporary Facilities was inhibited by the apparent
    misplacement of the May 2000 STA Request. We note that although the
    Licensee claims the May 2000 STA request was properly filed, it was
    in fact filed four days after the Station resumed operation. As
    discussed above, 47 C.F.R. § 73.1365 requires a licensee to request
    STA ten days [prior]{.underline} to the licensee's proposed date of
    operation from temporary facilities.

[^40]: 47 U.S.C. § 503(b)(1)(B). *See also* 47 C.F.R. § 1.80(a)(1).

[^41]: 47 U.S.C. § 312(f)(1).

[^42]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^43]: *See Southern California Broadcasting Co.*, Memorandum Opinion
    and Order, 6 FCC Rcd 4387, 4388 (1991).

[^44]: 47 U.S.C. § 312(f)(2).

[^45]: *See Forfeiture Policy Statement and Amendment of Section 1.80(b)
    of the Rules to Incorporate the Forfeiture Guidelines*, Report and
    Order, 12 FCC Rcd 17087, 17113-15 (1997) *("Forfeiture Policy
    Statement"),* *recon. denied*, 15 FCC Rcd 303 (1999); 47 C.F.R. §
    1.80(b)(4), note to paragraph (b)(4), Section I.

[^46]: 47 U.S.C. § 503(b)(2)(D); *see also Forfeiture Policy Statement,*
    12 FCC Rcd at 17100; 47 C.F.R. § 1.80(b)(4).

[^47]: 47 U.S.C. § 309(k).

[^48]: 47 U.S.C. § 309(k)(1). The renewal standard was amended to read
    as described by Section 204(a) of the Telecommunications Act of
    1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). S*ee Implementation
    of Sections 204(a) and 204(c) of the Telecommunications Act of 1996
    (Broadcast License Renewal Procedures)*, Order, 11 FCC Rcd 6363
    (1996).

[^49]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).

[^50]: *See* *Birach Broadcasting Corporation*, Memorandum Opinion and
    Order, 16 FCC Rcd 5015, 5020-21 (2001). The Station was
    intermittently silent for approximately twenty-four months since the
    Licensee acquired the Station on March 13, 2000. The Station was
    silent from March 13, 2000, to April 27, 2000; April 30, 2000 to
    June 23, 2000; early December 2003, to March 8, 2004; August 16,
    2004, to December 4, 2004; February 28, 2006 to February 20, 2007.

[^51]: For example, we do not find here that the Licensee\'s operation
    of the Station \"was conducted in an exceedingly careless, inept and
    negligent manner and that the Licensee is either incapable of
    correcting or unwilling to correct the operating deficiencies.\"
    *See Heart of the Black Hills Stations*, Decision, 32 FCC 2d 196,
    198 (1971). Nor do we find on the record here that \"the number,
    nature and extent\" of the violations indicate that \"the licensee
    cannot be relied upon to operate \[the station\] in the future in
    accordance with the requirements of its licenses and the
    Commission\'s Rules.\" *Heart of the Black Hills Stations*, 32 FCC
    2d at 200. *See also Center for Study and Application of Black
    Economic Development*, Hearing Designation Order, 6 FCC Rcd 4622
    (1991), *Calvary Educational Broadcasting Network, Inc*., Hearing
    Designation Order, 7 FCC Rcd 4037 (1992).

[^52]: *See Clear Channel Television, Inc.*, Notice of Apparent
    Liability, 10 FCC Rcd. 3773 (1995).

[^53]: *See* 47 C.F.R. § 1.1914.

[^54]: We recognize that WVUV(AM) is currently operating pursuant to
    STA. Generally, license renewals are not granted to stations not
    operating with licensed facilities. However, we believe that
    resolution of the issues raised in connection with the Station's
    renewal application are necessary before we can evaluate the
    Licensee's pending application for new permanent facilities for
    WVUV(AM).