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 Federal  Communications  Commission  DA-  06-  326
 Before  the  Federal  Communications  Commission
 Washington,  D.  C.  20554
 In  the  Matter  of
 Lebanon  Educational  Broadcasting  Foundation,  Licensee  of  Noncommercial  Station  KTTK(  FM)
 Lebanon,  Missouri
 )  )
 )  )
 )
 File  No.  EB-  03-  KC-  022  NAL/  Acct.  No.  200332560022
 FRN  0002-  5292-  38
 MEMORANDUM  OPINION  AND  ORDER
 Adopted:  February  13,  2006  Released:  February  16,  2006
 By  the  Chief,  Enforcement  Bureau:
 I.  INTRODUCTION
 1.  In  this  Memorandum  Opinion  and  Order  ("  Order),  we  grant  in  part  and  deny  in  part  a  Petition  for  Reconsideration  filed  by  Lebanon  Educational  Broadcasting  Foundation  (  Lebanon),
 Licensee  of  Noncommercial  Station  KTTK(  FM),  Lebanon,  Missouri.  Lebanon  seeks  reconsideration  of  a  Forfeiture  Order  1  in  which  the  Assistant  Chief,  Enforcement  Bureau  (  Bureau)  found  it  liable  for  a
 monetary  forfeiture  in  the  amount  of  four  thousand  dollars  ($  4,000)  for  willful  violation  of  the  public  inspection  file  requirements  of  Section  73.3527(  c)(  1)  of  the  Commissions  Rules  (  Rules).  2  The  noted
 violation  involves  Lebanons  failure  to  make  available  for  inspection  all  required  items  in  the  stations  public  inspection  file  during  regular  business  hours.  For  the  reasons  discussed  below,  we  find  that  a
 further  reduction  of  the  forfeiture  amount  from  $4,000  to  three  thousand  two  hundred  dollars  ($  3,200)  is  warranted.
 II.  BACKGROUND
 2.  On  January  30,  2003,  a  field  agent  (  agent)  from  the  Commissions  Kansas  City,  Missouri  Field  Office  (  Field  Office)  inspected  Station  KTTKs  facilities  and  observed  that  certain  required
 materials  were  missing  from  the  stations  public  inspection  file  and  thus  not  available  during  the  stations  regular  business  hours  in  violation  of  Section  73.3527(  c)(  1)  of  the  Rules    namely,  the  stations  contour
 map,  3  Public  and  Broadcasting  manual  (  manual)  4  and  certain  issues/  programs  lists.  5  On  April  18,  2003,  the  Field  Office  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  (  NAL),  6  proposing  a  $4,000
 forfeiture  against  Lebanon  for  its  apparent  willful  violation  of  Section  73.3527(  c)(  1)  of  the  Rules.  The  proposed  forfeiture  amount  was  downwardly  adjusted  from  the  $10,000  base  forfeiture  amount  set  forth
 1  Lebanon  Educational  Broadcasting  Foundation,  19  FCC  Rcd  21696  (Enf.  Bur.  2004)  (  Forfeiture  Order).
 2  47  C.  F.  R.    73.  3527(  c)(  1)  (noncommercial  broadcast  stations  must  make  available  at  any  time  during  regular  business
 hours  public  access  to  the  public  inspection  file).
 3  47  C.  F.  R.    3527(  e)(  3).
 4  47  C.  F.  R.    3527(  e)(  7).
 5  47  C.  F.  R.    3527(  e)(  8).
 6  Notice  of  Apparent  Liability,  NAL/  Acct.  No.  200332560022  (Enf.  Bur.,  Kansas  City  Office,  released  April  18,
 2003)  (  NAL).
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 in  Section  1.80(  b)(  4)  of  the  Rules  because  the  public  inspection  file  contained  a  portion  of  the  required  items.  7
 3.  In  a  May  9,  2003,  response  to  the  NAL  (  Response),  Lebanon  sought  cancellation  of  the  proposed  forfeiture.  Lebanon  claimed  that  the  contour  map  and  manual  were  in  the  public  inspection  file
 but  not  shown  to  the  agent,  because  the  station  employee  who  was  present  throughout  the  inspection  was  unfamiliar  with  the  contents  of  the  public  inspection  file.  Lebanon  also  admitted  that  the  issues/  programs
 lists  for  the  last  two  quarters  of  2001  and  all  four  quarters  of  2002  were  missing  from  the  stations  public  inspection  file,  explaining  that  the  employee  tasked  with  the  responsibility  of  maintaining  that  file  had
 failed  to  do  so.  Lebanon  asserted  that  the  public  inspection  file  had  been  updated  to  include  the  lists.  In  support  of  its  Response,  Lebanon  submitted  copies  of  its  contour  map,  manual  and  updated
 issues/  programs  lists.
 4.  On  October  29,  2004,  the  Bureau  released  a  Forfeiture  Order,  finding  that  no  further  reduction  of  the  proposed  forfeiture  was  warranted  and  imposing  a  monetary  forfeiture  in  the  amount  of
 $4,000.  The  Bureau  determined  that  because  Lebanon  admitted  that  the  contour  map  and  manual  were  not  made  available  for  inspection  during  the  stations  regular  business  hours,  no  further  cancellation  or
 reduction  of  the  proposed  forfeiture  was  warranted.  The  Bureau  also  explained  that  Lebanon  could  not  escape  liability  for  the  incomplete  issues/  programs  lists  due  to  the  lapse  of  an  employee  that  was  tasked
 with  the  responsibility  of  updating  those  lists.  8  The  Bureau  noted  that  as  the  licensee  of  the  station,  Lebanon  was  expected  to  correct  violations  by  updating  its  missing  issues/  programs  lists,  and  that
 corrective  actions  implemented  after  a  Commission  inspection  and/  or  action  do  not  mitigate  past  violations.  9
 5.  On  November  29,  2004,  Lebanon  filed  a  Petition  for  Reconsideration  of  the  Forfeiture  Order.  Lebanon  reasserts  that  two  of  the  documents    the  stations  contour  map  and  manual    were  in  the
 public  inspection  file  at  the  time  of  the  inspection.  Lebanon  also  newly  asserts  that  its  candid  acknowledgement  of  the  missing  issues/  programs  lists,  status  as  a  noncommercial  educational  radio
 station  and  previously  unblemished  enforcement  record  with  the  Commission  should  combine  to  result  in  a  forfeiture  amount  of  no  more  than  one  thousand  two  hundred  dollars  ($  1,200).
 7  Id.  at    5.
 8  Forfeiture  Order,  19  FCC  Rcd  at  21697  citing  Eure  Family  Limited  Partnership,  17  FCC  Rcd  21861,  21863-  64    6-
 7  (2002)  (denying  the  antenna  structure  owners  claim  that  the  forfeiture  should  be  cancelled  because  the  failure  to  comply  with  the  lighting  requirements  resulted  from  the  failure  of  its  lessee/  contractor  to  monitor  the  lights,  or  notify  it
 regarding  light  outages,  and  finding  the  violation  to  be  willful)  ;  Sonderling  Broadcasting  Corp.,  69  FCC  2d  289,  290-  291    6  (1977);  Wagenwood  Broadcasting  Co.,  25  FCC  2d  361,  361-  62    2  (1972);  Charter  Communications  VI,  LLC,
 17  FCC  Rcd  16516,  16518-  19    8-  9  (Enf.  Bur.  2002)  (denying  cable  operators  claim  that  the  forfeiture  should  be  reduced  because  the  violations  were  due  to  its  employees  lapses  and  misunderstandings,  and  finding  the  violation  to  be
 willful);  American  Paging,  Inc.,  12  FCC  Rcd  10417,  10419-  20    11  (WTB  1997).
 9  Forfeiture  Order,  19  FCC  Rcd  at  21697  citing  AT&  T  Wireless  Services,  Inc.,  17  FCC  Rcd  7891  (2002),  forfeiture
 ordered,  17  FCC  Rcd  21866,  21875-  76    26-  28  (2002);  Seawest  Yacht  Brokers,  9  FCC  Rcd  6099,  6099    7  (1994);  see  also  TCI  Cablevision  of  Maryland,  Inc.,  7  FCC  Rcd  6013,  6014    8  (1992)  (noting  that  it  would  be  inappropriate  to
 base  mitigation  of  cancellation  of  a  forfeiture  upon  corrective  action  taken  subsequent  to  misconduct  upon  which  liability  is  based,  because  it  would  tend  to  encourage  remedial  rather  than  preventative  action).
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 III.  DISCUSSION
 6.  The  forfeiture  amount  in  this  case  was  assessed  in  accordance  with  Section  503(  b)  of  the  Act,  Section  1.80  of  the  Rules,  and  The  Commissions  Forfeiture  Policy  Statement  and  Amendment  of
 Section  1.80  of  the  Rules  to  Incorporate  the  Forfeiture  Guidelines.  10  In  examining  Lebanons  Petition  for  Reconsideration,  Section  503(  b)  of  the  Act  requires  that  the  Commission  take  into  account  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  any  other  such  matters  as  justice  may
 require.  11
 A.  Violation  of  Section  73.  3527(  c)(  1)
 1.  Background
 7.  Section  73.3527(  a)(  2)  of  the  Rules  12  requires  every  permittee  or  licensee  of  an  AM,  FM,  or  TV  station  in  the  noncommercial  educational  broadcast  services  to  maintain  a  public  inspection  file
 containing  certain  prescribed  documents.  Section  73.  3527(  c)(  1)  of  the  Rules  requires  every  permittee  or  licensee  to  make  the  public  inspection  file  available  for  public  inspection  at  any  time  during  business
 hours.  The  Commission  has  found  that  reasonable  access  to  the  public  inspection  file  serves  the  important  purpose  of  facilitating  citizen  monitoring  of  a  stations  operations  and  public  interest
 performance,  and  fostering  community  involvement  with  local  stations,  thus  helping  to  ensure  that  stations  are  responsive  to  the  needs  and  interests  of  their  local  communities.  13
 2.  Discussion
 8.  In  its  Petition  for  Reconsideration,  Lebanon  seeks  a  downward  adjustment  of  the  forfeiture  amount.  First,  Lebanon  again  argues  that  the  forfeiture  should  be  reduced  because  the  stations  manual
 and  contour  map  were,  in  fact,  in  the  public  inspection  file  at  the  time  of  the  inspection.  We  disagree,  and  deny  reconsideration  on  this  basis,  14  noting  that  the  argument  was  previously  fully  discussed  and
 satisfactorily  rejected  in  the  Forfeiture  Order.  15
 10  The  Commissions  Forfeiture  Policy  Statement  and  Amendment  of  Section  1.80  of  the  Rules  to  Incorporate  the
 Forfeiture  Guidelines,  12  FCC  Rcd  17087  (1997),  recon.  denied,  15  FCC  Rcd  303  (1999).
 11  47  U.  S.  C.    503(  b)(  2)(  D).
 12  47  C.  F.  R.    73.  3527(  a)(  2).
 13  Review  of  the  Commissions  Rules  regarding  the  Main  Studio  Rule  and  Local  Public  Inspection  Files  of  Broadcast
 Television  and  Radio  Stations,  13  FCC  Rcd  15691,  15700  (1998)  (  Main  Studio  Rule  and  Public  Inspection  Files)  recon.  granted  in  part;  14  F.  C.  C.  R.  11,113,  14  FCC  Rcd.  11,113  (1999);  see  also  Union  Broadcasting,  Inc.,  19  FCC
 Rcd  18588,  185890  (Enf.  Bur.  2004).
 14  WWIZ,  Inc.,  37  FCC  685  (1965),  aff'd  sub  nom.  Lorain  Journal  Co.  v.  FCC,  351  F.  2d  824  (D.  C.  Cir.  1965),  cert.
 denied,  383  U.  S.  967  (1966)  (  A  petition  which  simply  reiterates  arguments  previously  considered  and  rejected  will  be  denied.);  Infinity  Radio  License,  Inc.,  19  FCC  Rcd  16959,  16960  (2004)  citing  Bennett  Gilbert  Gaines,  8  FCC
 Rcd  3986  (Rev.  Bd.  1993)  (  A  petition  that  simply  repeats  arguments  previously  considered  and  rejected  will  be  denied.)
 15  In  the  Forfeiture  Order,  the  Bureau  explained:  Lebanon  claimed  that  the  material  was  in  its  public  file,  but
 admitted  that  such  material  was  not  shown  to  the  FCC  agent  and  thus  was  not  made  available  for  public  inspection.  Because  Lebanon  admitted  that  the  material  was  not  made  available  for  inspection  during  the  station's  regular  business
 hours,  we  conclude  that  no  cancellation  or  reduction  of  the  proposed  forfeiture  is  warranted  in  this  regard.  Forfeiture
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 9.  Second,  Lebanon  attempts  to  decrease  its  responsibilities  under  Section  73.3527(  c)  of  the  Rules  by  carving  out  an  exception  to  the  requirements  of  that  Rule.  Lebanon  asserts  that  it  fulfilled  its
 obligations  in  accordance  with  the  subject  Rule  merely  by  making  the  public  inspection  file  available  during  regular  business  hours:
 The  Public  Inspection  File  rule  applicable  does  not  include  an  explicit  obligation  .  .  .  for  the  licensees  representative  to  assist  a  person  inspecting  the  file  in  locating  a  particular
 document.  In  this  case,  given  that  the  Field  Agent  did  not  himself  look  for  any  documents  in  the  Public  Inspection  File,  the  inability  of  a  station  staff  member  to  locate
 particular  documents  in  the  file  does  not,  in  and  of  itself,  constitute  a  violation  of  the  rules.  16
 In  sum,  Lebanon  argues  that  the  one  who  seeks  to  inspect  the  public  inspection  file  has  the  responsibility  to  locate  the  documents  within  that  file.
 10.  We  disagree.  The  Rule  requires  station  staff  to  have  hands  on  knowledge  of  the  contents  of  the  public  inspection  file.  Where  a  licensee  maintains  its  main  studio  and  public  inspection  file  outside  of
 its  community  of  license,  Section  73.3527(  c)(  2)(  i)  of  the  Rules  requires  staff  to  respond  to  telephone  requests  for  public  inspection  file  materials  by  copying  and  delivering  the  most  recent  documents  (except
 for  the  political  file).  17  In  addition,  Section  73.3527(  c)(  2)(  ii)  requires  staff  to  mail  the  most  recent  version  of  the  manual  to  any  member  of  the  public  that  requests  a  copy.  18  Moreover,  Section  73.3527(  c)(  2)(  iii)  of
 the  Rules  requires  staff  to  [  b]  e  prepared  to  assist  members  of  the  public  in  identifying  the  documents  they  may  ask  to  be  sent  to  them  by  mail,  for  example,  by  describing  to  the  caller,  if  asked,  the  period
 covered  by  a  particular  report  and  number  of  pages  included  in  the  report.  19  It  follows,  then,  that  Section  73.3527(  c)  of  the  Rules  requires  staff  to  have  this  same  hands  on  knowledge  of  the  public  inspection  file
 when  members  of  the  public  visit  the  station  for  the  purpose  of  examining  those  files.  20  The  licensee  cannot  shift  the  burden  of  identifying  the  materials  in  the  public  inspection  file  to  the  public.  21
 11.  Third,  Lebanon  asserts  that  the  instant  forfeiture  amount  should  be  reduced  because  it  candidly  acknowledged  that  certain  of  the  quarterly  lists  were  missing  from  the  file.  Forfeitures  are
 neither  downwardly  adjusted  nor  cancelled  where,  as  here,  violators  make  disclosures  in  response  to  Commission  inquiries/  investigations  or  actions.  22  As  with  corrective  actions,  nothing  less  than  full  and
 Order,  19  FCC  Rcd  at  21697.
 16  Petition  for  Reconsideration  at  3.
 17  47  C.  F.  R.    73.  3527(  c)(  2)(  i).  The  political  file  is  described  in  47  C.  F.  R.  73.3527(  e)(  5).
 18  47  C.  F.  R.    73.  3527(  c)(  2)(  ii).
 19  47  C.  F.  R.    73.3527(  c)(  2)(  iii).
 20  See,  e.  g.,  Paulino  Bernal  Evangelism,  Inc.,  19  FCC  Rcd.  19922,  19923  (Asst.  Chief,  Enf.  Bur.  2004),  recon.  pending
 (violation  of  Section  73.3527(  c)(  1)  of  the  Rules  found  where  licensee  claimed  that  the  public  inspection  file  existed,  but  that  the  station  manager  forgot  where  it  was  located).
 21  We  note  further  that  Lebanon  provided  a  copy  of  The  Public  and  Broadcasting  manual  which  contains,  among
 other  things,  information  on  how  members  of  the  public  may  obtain  copies  of  material  contained  in  the  public  inspection  file  by  telephone,  including  the  sentence,  [  s]  tations  can  assist  callers  in  this  process  and  answer  questions
 you  may  have  about  the  actual  contents  of  the  public  file.
 22  See  Southern  California  Broadcasting  Co.,  6  FCC  Rcd  4387,  4388    5  (1991)  recon.  denied,  7  FCC  Rcd  3454,  3455
   7  (1992)  (  Southern  California  Broadcasting)  (finding  that  a  broadcast  licensees  frank  response  to  a  letter  of
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 complete  cooperation  23  and  candor  24  is  expected  during  the  course  of  Commission  investigations  and  proceedings.
 12.  Fourth,  Lebanon  also  avers  that  the  forfeiture  amount  at  issue  should  be  reduced  because  of  the  noncommercial  educational  status  of  the  broadcast  radio  station.  Section  73.3527(  c)(  1)  of  the  Rules
 requires  noncommercial  licensees  to  make  available  for  inspection  all  required  items  in  the  stations  public  inspection  file  during  regular  business  hours.  Where  the  Rule  is  violated,  Section  1.80  provides
 that  a  monetary  forfeiture  may  be  imposed,  and  there  is  no  exemption  or  reduction  based  on  the  noncommercial  status  of  a  station.  25  In  the  instant  case,  the  Enforcement  Bureau  determined  in  the
 Forfeiture  Order    and  we  affirm  in  the  instant  Memorandum  Opinion  and  Order    that  Lebanon  willfully  failed  to  provide  access  to  portions  of  its  public  inspection  file  in  violation  of  Section
 73.3527(  c)(  1)  of  the  Rules  by  failing  to  include  in  that  file  at  the  time  of  inspection,  the  issues/  programs  list  for  six  consecutive  quarters,  26  contour  map  and  manual.
 13.  Finally,  Lebanon,  referencing  Isothermal  Community  College,  27  newly  asserts  that  the  instant  forfeiture  amount  should  be  reduced  because  of  Lebanons  history  of  overall  compliance,
 suggesting  that  it  be  no  more  than  $1,200.  We  agree  that  a  reduction  of  the  forfeiture  amount  is  warranted,  based  upon  our  review  of  the  record  and  finding  that  Lebanon  has  a  history  of  overall
 compliance  with  the  Rules.  Accordingly,  we  further  reduce  the  forfeiture  amount  from  $4,000  to  $3,200  pursuant  to  Section  1.80(  b)(  4)  of  the  Rules  28  and  past  precedent.  29
 inquiry  did  not  warrant  a  downward  adjustment).;  MAPA  Broadcasting,  L.  L.  C.,  17  FCC  Rcd  10519,  10521    8,  11  (Enf.  Bur.  2002)  (finding  that  a  broadcast  licensees  good  faith  inquiries  and  disclosures  regarding  EAS  violations
 discovered  by  Commission  inspection  were  not  voluntary  and  thus  did  not  warrant  any  reduction  in  the  forfeiture).
 23  Northwest  Utilities,  17  FCC  Rcd  4115,  4117    12-  13  (Enf.  Bur.  2002)  (reducing  the  forfeiture  based  on  a  finding
 that  an  applicant  voluntary  disclosed  its  felony  convictions  by  filing  timely  amendments,  which  cured  its  otherwise  flawed  applications,  thereby  .  .  .  enabling  the  Commission  to  properly  make  the  public  interest  determinations  required
 by  Section  309  of  the  Act,  but  denying  further  reduction  based  on  its  cooperation  with  the  investigation).
 24  See  Southern  California  Broadcasting,  6  FCC  Rcd  at  4388    5  (1992)  (Commission  expect[  s]  nothing  less  than
 complete  candor  under  Section  73.1015  of  our  Rules    no  downward  adjustment  assessed).
 25  See  Main  Studio  Rule  and  Local  Public  Inspection  Files,  13  FCC  Rcd  at  15700  (all  licensees  have  a  duty  to  comply
 with  public  inspection  file  rules).
 26  Specifically,  the  Enforcement  Bureau  found  that  the  public  inspection  file  lacked  the  following  portions  of  the
 issues/  programs  list:  the  last  two  quarters  of  2001  and  all  four  quarters  of  the  year  2002.  Forfeiture  Order,  19  FCC  Rcd  at  21697-  98.
 27  Isothermal  Community  College,  16  FCC  Rcd  21360  (Investigations  &  Hearings  Division,  Enf.  Bur.,  2001)
 (  Isothermal).
 28  47  C.  F.  R.    1.80(  b)(  4)  (  Section  II.  Adjustment  Criteria  for  Section  503  Forfeitures,  Downward  Adjustment
 Criteria).
 29  See  KGB,  Inc.,  13  FCC  Rcd  16396,  16398    8  (1998)  (reducing  the  proposed  forfeiture  from  $11,500  to  $9,  200  for
 airing  indecent  material  due  to  the  broadcast  licensees  history  of  overall  compliance  prior  to  these  broadcasts,  and  its  apparent  lack  of  violations  in  the  period  since  these  broadcasts);  Max  Media  of  Montana,  L.  L.  C.,  18  FCC  Rcd  21375,
 21379    14  (Enf.  Bur.  2003)  (further  reducing  the  proposed  forfeiture  from  $11,000  to  $8,800  for  antenna  structure  lighting  and  registration  violations  due  to  the  licensees  history  of  overall  compliance);  South  Central  Communications
 Corp.,  18  FCC  Rcd  700,  702    9  (Enf.  Bur.  2003)  (reducing  the  proposed  forfeiture  from  $10,000  to  $8,  000  for  antenna  structure  lighting  violations  due  to  the  licensees  history  of  overall  compliance).
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 IV.  ORDERING  CLAUSES
 14.  ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to  Section  405  of  the  Act  30  and  Section  1.106  of  the  Rules,  31  Lebanons  Petition  for  Reconsideration  of  the  October  29,  2004,  Forfeiture  Order  IS
 GRANTED  IN  PART  AND  DENIED  IN  PART  to  the  extent  indicated  herein.
 15.  Payment  of  the  forfeiture  shall  be  made  in  the  manner  provided  for  in  Section  1.  80  of  the  Rules  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.  32  Payment  of  the  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  above.  Payment  by  check  or  money  order  may  be  mailed  to  Federal  Communications
 Commission,  P.  O.  Box  358340,  Pittsburgh,  PA  15251-  8340.  Payment  by  overnight  mail  may  be  sent  to  Mellon  Bank  /LB  358340,  500  Ross  Street,  Room  1540670,  Pittsburgh,  PA  15251.  Payment  by  wire
 transfer  may  be  made  to  ABA  Number  043000261,  receiving  bank  Mellon  Bank,  and  account  number  911-  6106.  Requests  for  payment  of  the  full  amount  of  the  NAL  under  an  installment  plan  should  be  sent
 to:  Associate  Managing  Director    Financial  Operations,  445  12  th  Street,  S.  W.,  Room  1A625,  Washington,  D.  C.  20554.  33
 16.  IT  IS  FURTHER  ORDERED  THAT  a  copy  of  this  Order  shall  be  sent  by  first  class  mail  and  certified  mail,  return  receipt  requested,  to  Lebanon  and  its  representative,  Matthew  H.  McCormick,
 Esq.,  Reddy,  Begley  &  McCormick,  LLP,  1156  15  th  Street,  NW,  Suite  610  Washington  DC  ,  20005    1770.
 FEDERAL  COMMUNICATIONS  COMMISSION
 Kris  Anne  Monteith  Chief,  Enforcement  Bureau
 30  47  U.  S.  C.    405.
 31  47  C.  F.  R.    1.106.
 32  47  U.  S.  C.    504(  a).
 33  See  47  C.  F.  R.    1.1914.
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