**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

) File No. 99TP016

Joy Public Broadcasting Corporation ) NAL/Acct. No. 915TP0004

Radio Station WJTF-FM )

Panama City, Florida )

# MEMORANDUM OPINION AND ORDER

**Adopted: August 30, 2000** **Released:** **September 1, 2000**

By the Chief, Enforcement Bureau:

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 March 9, 2000.[^1] That *Memorandum Opinion and Order*
    denied Joy's petition for reconsideration of the *Forfeiture
    Order*[^2] 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").[^3] The noted
    violations involve 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.  Reconsideration is appropriate only where the petitioner either
    shows a material error or omission in the original order or raises
    additional facts not known or existing until after the petitioner's
    last opportunity to present such matters. *WWIZ, Inc.*, 37 FCC 685,
    686 (1964), *aff'd sub nom. Lorain Journal Co. v. FCC*, 351 F.2d 824
    (D.C. Cir. 1965), *cert. denied*, 383 U.S. 967 (1966); 47 C.F.R. §
    1.106(c). A petition that simply repeats arguments previously
    considered and rejected will be denied. *Bennett Gilbert Gaines*, 8
    FCC Rcd 3986 (Rev. Bd. 1993). Review of Joy's current petition for
    reconsideration and the *Memorandum Opinion and Order* reveals that
    the *Memorandum Opinion and Order* contains no material error or
    omission and that we have already considered and rejected the
    arguments contained in Joy's petition. Therefore, denial of Joy's
    petition is warranted.

3.  **ACCORDINGLY, IT IS ORDERED** that, pursuant to Section 405 of the
    Communications Act of 1934, as amended ("Act"),[^4] and Section
    1.106 of the Rules,[^5] Joy Public Broadcasting Corporation's
    petition for reconsideration of the *Memorandum Opinion and Order*
    **IS DENIED**.

4.  Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules[^6] 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]

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.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

#### 

[^1]: ^?^ 15 FCC Rcd 8575 (Enf. Bur., 2000).

[^2]: ^?^ 14 FCC Rcd 856 (Compl. & Inf. Bur., 1999).

[^3]: ^?^ 47 C.F.R. §§ 73.1350(c)(2), 73.1590(a)(1) and 73.1870(b)(3).

[^4]: ^?^ 47 U.S.C. § 405

[^5]: ^?^ 47 C.F.R. § 1.106.

[^6]: 47 C.F.R. § 1.80.

[^7]: 47 U.S.C. § 504(a).

[^8]: *See* 47 C.F.R. § 1.1914.