**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: April 12, 2001** **Released:** **April 16, 2001**

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 January 29, 2001.[^1] This is the fourth petition for
    reconsideration filed by Joy in connection with a *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 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 Log~10~ (Power, in watts) dB below the
    level of the unmodulated carrier, or 80 dB, whichever is the lesser
    attenuation.[^4] 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*")[^5] issued to Joy on
    February 4, 1999, because 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*.

4.  **ACCORDINGLY, IT IS ORDERED** that, pursuant to Section 405 of the
    Communications Act of 1934, as amended ("Act"),[^6] and Section
    1.106 of the Rules,[^7] 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.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

#### 

[^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).

[^4]: ^?^ 47 C.F.R. § 73.317(d).

[^5]: ^?^ *Notice of Apparent Liability for a Forfeiture*, NAL/Acct. No.
    915TP00004 (Compl. & Inf. Bur., Tampa, Florida Field Office,
    released February 4, 1999).

[^6]: ^?^ 47 U.S.C. § 405

[^7]: ^?^ 47 C.F.R. § 1.106.