*Pages 1--6 from  Microsoft Word - 50496.doc*
 Federal  Communications  Commission  DA  05-  2065 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Twenty-  One  Sound  Communications,  Inc.  Licensee,  KNSX(  FM) 
 Facility  ID:  68579  Steelville,  MO 
 Florissant,  MO 


 )  ) 
 )  ) 
 )  ) 
 ) 


 File  Number  EB-  05-  KC-  017 
 NAL/  Acct.  No.  20053256002 
 FRN:  0009075656 


 FORFEITURE  ORDER 
 Adopted:  July  25,  2005  Released:  July  27,  2005 
 By  the  Regional  Director,  South  Central  Region,  Enforcement  Bureau: 
 I.  INTRODUCTION 
 1.  In  this  Forfeiture  Order  (  Order),  we  issue  a  monetary  forfeiture  in  the  amount  of  eighteen  thousand  dollars  ($  18,000)  to  Twenty-  One  Sound  Communications,  Inc.  (  Twenty-  One 


 Sound),  licensee  of  Station  KNSX(  FM)  in  Steelville,  Missouri,  for  willful  and  repeated  violation  of  Sections  11.35(  a),  73.1125(  a),  and  73.3526(  a)  of  the  Commissions  Rules  (  Rules).  1  The  noted 
 violations  involve  Twenty-  One  Sounds  failure  to  maintain  Emergency  Alert  System  (  EAS)  equipment  in  operational  readiness  condition,  failure  to  maintain  a  main  studio  in  compliance  with  the  Rules,  and  failure 
 to  maintain  a  complete  public  inspection  file. 
 II.  BACKGROUND 
 2.  On  March  1,  2005,  an  agent  with  the  Commissions  Kansas  City  Office  of  the  Enforcement  Bureau  (  Kansas  City  Office)  attempted  to  inspect  the  main  studio  for  Station  KNSX(  FM). 


 The  agent  found  signs  at  the  KNSX(  FM)  transmitter  site  in  Woodland  Lakes,  Missouri  that  stated  the  main  studio  was  located  in  a  guard  shack  at  the  entrance  to  a  gated  residential  area  near  the  transmitter 
 site.  2  The  agent  observed  that  there  were  no  signs  on  or  near  the  guard  shack  that  indicated  it  was  associated  with  the  station.  The  guard  shack  was  staffed  twenty-  four  hours  per  day  by  a  single  guard. 
 The  guards  who  manned  the  guard  shack  worked  for  the  nearby  residential  community.  The  guard  on  duty  during  the  inspection,  who  worked  between  3  P.  M.  and  11  P.  M.,  stated  that  he  was  the  only  guard 
 paid  on  occasion  by  the  station  owner  to  make  the  public  file  available  to  the  public.  There  was  no  microphone  or  transmission  or  production  equipment  of  any  kind  in  the  guard  shack.  All  of  the 
 equipment  which  enabled  the  station  to  operate  was  located  at  the  transmitter  site.  The  guard  stated  that  the  KNSX  transmitter  could  not  be  controlled  from  the  guard  shack.  The  station  owner 
 contemporaneously  stated  that  he  was  in  the  process  of  obtaining  a  main  studio  in  Sullivan,  Missouri  for 


 1  47  C.  F.  R.    11.35(  a),  73.1125(  a),  and  73.3526(  a). 
 2  The  KNSX(  FM)  transmitter  was  located  nearby  but  not  within  the  gated  residential  community. 
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 Station  KNSX(  FM)  and  Station  KESY(  FM),  a  co-  owned  station  licensed  to  Cuba,  Missouri.  The  owner  also  admitted  that  the  station  did  not  publish  a  local  or  toll-  free  number  in  the  Steelville  telephone 
 directory. 
 3.  During  the  inspection  on  March  1,  2005,  the  agent  observed  that  the  public  file  in  the  guard  shack  did  not  contain  any  ownership  reports  or  issues  programs  lists  after  December  24,  2003.  The 


 file  contained  a  station  license  that  expired  on  February  1,  2005  and  did  not  include  a  license  renewal  application  or  license  renewal. 


 4.  Also  on  March  1,  2005,  the  agent  inspected  the  unattended  KNSX  transmitter  site  and  observed  that  the  sole  EAS  unit  for  the  station  was  installed  there.  The  EAS  unit  was  found  in  manual 
 operating  mode  and,  as  installed,  was  incapable  of  automatically  retransmitting  messages  and  tests.  The  station  had  been  receiving  EAS  activations,  but  a  review  of  the  station  logs  for  the  two-  month  period  prior  to 
 the  inspection  confirmed  that  the  station  had  not  retransmitted  any  activation  it  had  received  and  had  not  transmitted  several  required  weekly  EAS  tests.  The  owner  also  admitted  that  he  did  not  contact  the  local  or 
 state  EAS  coordinator  to  determine  which  stations  he  had  been  assigned  to  monitor,  and,  as  a  result,  was  only  monitoring  one  of  the  three  stations  assigned  to  it. 


 5.  On  April  12,  2005,  the  Kansas  City  Office  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  to  Twenty-  One  Sound  in  the  amount  of  twenty-  five  thousand  dollars  ($  25,000)  for  the 
 apparent  willful  and  repeated  violation  of  Sections  11.35(  a),  73.1125(  a)  and  73.3526(  a)  of  the  Rules.  3  On  June  6,  2005,  Twenty-  One  Sound  submitted  a  response  to  the  NAL  requesting  cancellation  or  reduction  of 
 the  proposed  forfeiture.  4 
 III.  DISCUSSION 
 6.  The  proposed  forfeiture  amount  in  this  case  was  assessed  in  accordance  with  Section  503(  b)  of  the  Act,  5  Section  1.80  of  the  Commissions  Rules  (  Rules),  6  and  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)  (  Forfeiture  Policy  Statement).  In 
 examining  Twenty-  One  Sounds  response,  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  other  such  matters  as  justice  may  require.  7 


 7.  Section  11.35(  a)  of  the  Rules  requires  broadcast  station  licensees  to  ensure  that  EAS  Encoders,  EAS  Decoders  and  Attention  Signal  generating  and  receiving  equipment  used  as  part  of  the 
 EAS  are  installed  so  that  the  monitoring  and  transmitting  functions  are  available  during  the  times  the 


 3  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  20053256002  (Enf.  Bur.,  Kansas  City  Office,  April 
 12,  2005)  (  NAL). 
 4  Twenty-  One  Sound  requested  an  extension  of  time  in  which  to  submit  a  response  to  the  NAL,  which  was  granted 
 by  the  Kansas  City  Office. 
 5  47  U.  S.  C.    503(  b). 


 6  47  C.  F.  R.    1.80. 
 7  47  U.  S.  C.    503(  b)(  2)(  D). 
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 stations  and  systems  are  in  operation.  8  Broadcast  station  licensees  are  also  required  to  receive,  interrupt  normal  program,  and  transmit  certain  EAS  messages.  9  When  facilities  are  unattended,  Sections  11.51  and 
 11.52  of  the  Rules  require  licensees  to  employ  automatic  systems  to  interrupt  programming  and  transmit  certain  EAS  messages.  10  On  March  1,  2005,  the  EAS  unit  for  Station  KNSX(  FM)  was  installed  at  its 
 unattended  KNSX  transmitter  site  and  set  in  manual  mode.  The  owner  of  Twenty-  One  Sound  claimed  to  visit  the  site  occasionally  to  transmit  manually  the  required  weekly  and  monthly  EAS  tests.  He  admitted, 
 however,  that,  since  he  put  the  station  back  on  the  air  in  1996,  the  transmitter  site  had  never  been  regularly  staffed.  Thus,  the  EAS  unit  at  this  unattended  transmitter  site  should  have  been  set  on  an 
 automatic  mode.  Because  the  EAS  unit  was  set  in  manual  mode,  if  an  actual  and  unscheduled  EAS  message  was  received,  no  person  would  be  present  at  the  EAS  transmitter  site  to  interrupt  normal 
 programming  and  transmit  the  EAS  message  or  test.  Therefore,  although  its  EAS  unit  was  installed  and  not  defective,  Twenty-  One  Sound  failed  to  maintain  an  operational  EAS  system. 


 8.  In  its  response,  Twenty-  One  Sound  does  not  deny  that  its  EAS  unit  was  set  in  a  manual  mode  on  March  1,  2005,  but,  nevertheless,  requests  cancellation  or  reduction  of  the  proposed  forfeiture. 
 Twenty-  One  Sound  alleges  that  the  EAS  unit  was  originally  set  in  an  automatic  mode  and,  due  to  a  power  outage  or  equipment  glitch,  reverted  to  the  manual  mode  on  an  undisclosed  date.  Twenty-  One  Sound 
 claims  that  the  problem  would  have  been  found  and  corrected  when  the  EAS  equipment  did  not  function  properly  during  the  next  required  monthly  test.  If  Twenty-  One  Sounds  EAS  unit  was  set  in  an  automatic 
 mode  and  only  recently  switched  to  manual  mode,  its  EAS  unit  should  have  functioned  properly  in  January  and  February  of  2005.  However,  on  January  8,  2005,  the  stations  EAS  unit  did  not 
 automatically  retransmit  the  required  monthly  test.  The  stations  logs  show  that  the  station  received  the  required  monthly  test  on  January  8,  and  originated,  rather  than  retransmitted,  it.  Moreover,  the  stations 
 logs  show  that  the  EAS  unit  failed  to  retransmit  the  required  monthly  test  in  February  2005.  Although  the  station  owner  claimed  to  have  conducted  the  weekly  and  monthly  tests,  there  was  no  evidence  that  any 
 weekly  or  monthly  tests  were  conducted  by  the  station  between  January  8  and  March  1,  2005.  The  EAS  units  logging  system  and  printer  worked  properly  on  January  8,  2005  and  again  when  it  was  tested  on 
 March  1,  2005.  The  station  owner  stated  that  he  was  unaware  of  any  damage  or  repairs  to  the  EAS  units  logging  system  and  printer  between  January  8  and  March  1.  The  station  owner  knew  or  should  have 
 known  that  its  EAS  unit  was  not  set  in  automatic  mode  when  it  failed  to  retransmit  the  January  and  February  monthly  tests.  Accordingly,  we  find  no  basis  to  cancel  or  reduce  the  forfeiture  associated  with 
 this  violation. 
 9.  Section  73.1125(  a)  of  the  Rules  requires  FM  stations  to  maintain  a  main  studio.  A  station  must  equip  the  main  studio  with  production  and  transmission  facilities  that  meet  applicable 


 standards,  maintain  continuous  program  transmission  capability,  and  maintain  a  meaningful  management  and  staff  presence.  11  The  Commission  has  defined  a  minimally  acceptable  meaningful  presence  as 
 full-  time  managerial  and  full-  time  staff  personnel.  12  The  guard  shack/  main  studio  at  the  time  of  inspection  was  staffed  by  a  single  guard.  Twenty-  One  Sound  asserts  in  its  response  that  the  guard  on 
 duty  during  the  inspection  was  the  station  manager.  However,  when  the  agent  questioned  the  guard,  the 
 8  47  C.  F.  R.    11.35(  a). 


 9  See  47  C.  F.  R.    11.51(  k),  11.52(  e). 
 10  See  47  C.  F.  R.    11.51(  k)(  1),  11.52(  e)(  1). 
 11  Main  Studio  and  Program  Origination  Rules,  Memorandum  Opinion  and  Order,  3  FCC  Rcd  5024,  5026  (1988). 
 12  Jones  Eastern  of  the  Outer  Banks,  Inc.,  Memorandum  Opinion  and  Order,  6  FCC  Rcd  3615,  3616  (1991), 
 clarified  7  FCC  Rcd  6800  (1992). 
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 guard  stated,  in  the  presence  of  the  station  owner,  that  he  was  not  considered  part  of  station  management.  The  owner  did  not  dispute  contemporaneously  the  guards  statements.  Accordingly,  we  cannot  rely  upon 
 Twenty-  One  Sounds  assertion  that  the  guard  was  the  station  manager  without  corroborating  documentation.  Thus,  we  conclude  Twenty-  One  Sound  failed  to  maintain  full-  time  managerial  personnel. 
 Twenty-  One  Sound  also  claims  that  the  guard  could  control  the  transmitter  and  originate  programming  from  the  main  studio  via  the  telephone,  and  it,  therefore,  equipped  its  main  studio  with  production  and 
 transmission  facilities  that  meet  applicable  standards.  No  radio  equipment  of  any  kind,  however,  was  located  in  the  guard  shack  other  than  a  telephone.  All  of  the  stations  equipment  was  located  at  the 
 transmitter  site.  Moreover,  when  asked  if  he  could  control  the  station  transmitter,  the  only  guard  on  duty  stated  explicitly  that  he  could  not  control  the  transmitter  from  the  guard  shack.  Assuming  agruendo  that 
 the  guard  did  know  how  to  control  the  transmitter  from  the  guard  shack,  the  guard  still  could  not  maintain  continuous  program  transmission  capability,  because  there  was  only  one  telephone  line  to  the  guard 
 shack.  If  the  guard  placed  or  received  a  phone  call  during  his  shift,  he  would  not  be  able  to  control  the  transmitter  or  originate  programming.  Therefore,  we  find  that  Twenty-  One  Sound  failed  to  equip  its  main 
 studio  with  production  and  transmission  facilities  that  meet  applicable  standards  and  failed  to  maintain  continuous  program  transmission  capability. 


 10.  In  addition,  Twenty-  One  Sound  questions  the  fairness  of  the  main  studio  rules  for  lower  power  stations,  because  higher  power  stations  have  larger  principal  community  contours  and  greater 
 flexibility  in  locating  their  main  studios.  The  Commission  has  addressed  this  concern,  however,  by  allowing  stations  to  locate  their  main  studios  within  either  the  stations  community  of  license,  at  any 
 location  within  the  principal  community  contour  of  any  AM,  FM,  or  TV  broadcast  station  licensed  to  the  stations  community  of  license,  or  within  twenty-  five  miles  from  the  reference  coordinates  of  the  center  of 
 its  community  of  license.  13  Thus,  lower  power  stations  and  higher  power  stations  serving  the  same  community  would  have  almost  the  same  options  in  locating  their  main  studios.  Twenty-  One  Sound  also 
 states  that  it  has  now  obtained  a  new  main  studio  for  the  station  in  Cuba,  Missouri.  Licensees  are  expected  to  take  prompt  remedial  action  to  comply  with  the  Rules  after  being  informed  of  a  violation,  so 
 such  action  does  not  warrant  a  reduction  in  the  forfeiture.  14 
 11.  Section  73.3526(  a)  of  the  Rules  requires  commercial  broadcast  stations  to  maintain  for  public  inspection,  a  file  containing  materials  listed  in  that  section.  15  The  public  inspection  file  is  to  be 


 maintained  at  the  main  studio  of  the  station  16  and  be  available  for  public  inspection  during  regular  business  hours.  17  The  Kansas  City  Office  found  that  the  stations  public  file  was  apparently  unavailable 
 to  the  public  during  normal  business  hours,  because  the  guard  on  duty  stated  that  he  was  the  only  guard  to  provide  the  public  file  to  members  of  the  public  and  that  the  other  guards  were  supposed  to  call  him  if 


 13  See  47  C.  F.  R.    73.1125(  a). 
 14  See  AT&  T  Wireless  Services,  Inc.,  17  FCC  Rcd  21861,  21864-  75  (2002);  Sonderling  Broadcasting  Corp.,  69 
 FCC  2d  289,  291  (1978);  Odino  Joseph,  18  FCC  Rcd  16522,  16524,  para.  8  (Enf.  Bur.  2003);  South  Central  Communications  Corp.,  18  FCC  Rcd  700,  702-  03,  para.  9  (Enf.  Bur.  2003);  Northeast  Utilities,  17  FCC  Rcd 


 4115,  4117,  para.  13  (Enf.  Bur.  2002). 
 15  47  C.  F.  R.    73.3526(  a). 


 16  See  47  C.  F.  R.    73.3526(  b). 
 17  See  47  C.  F.  R.    73.3526(  c)(  1). 
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 anyone  came  by  between  9  A.  M.  and  3  P.  M.  18  The  Kansas  City  Office  also  concluded  that  it  would  be  very  difficult  for  the  public  to  find  the  file,  as  the  guard  shack  was  not  labeled  19  and  the  station  did  not 
 maintain  a  telephone  number  listed  in  the  local  directories.  20  In  its  response  to  the  NAL,  Twenty-  One  Sound  asserts  that  the  other  guards,  who  worked  between  9  A.  M.  and  3  P.  M.,  would  make  the  public  file 
 available  to  members  of  the  public.  It  is  possible  that  the  station  owner  failed  to  inform  the  guard  on  duty  of  this  fact,  and  we  have  no  other  evidence  to  contradict  the  station  owners  assertion  that  the  file  would 
 have  been  available  to  members  of  the  public  between  9  A.  M.  and  3  P.  M.  Therefore,  we  reduce  the  forfeiture  associated  with  this  violation  from  $10,000  to  $3,000,  because  the  public  file  was  partially 
 complete  and  was  only  missing  the  stations  license  renewal,  21  ownership  reports,  and  issues-  programs  lists  22  after  December  24,  2003.  23 


 12.  We  have  examined  Twenty-  One  Sounds  response  to  the  NAL  pursuant  to  the  statutory  factors  above,  and  in  conjunction  with  the  Forfeiture  Policy  Statement.  As  a  result  of  our  review  and 
 based  on  the  evidence,  we  find  that  Twenty-  One  Sound  willfully  24  and  repeatedly  25  violated  Sections 


 18  Although  the  guard  lived  in  the  nearby  residential  community,  there  is  no  guarantee  that  this  guard  would  be 
 reachable  or  that  he  would  arrive  at  the  guard  shack  within  a  reasonable  period  of  time  for  members  of  the  public  that  arrived  between  9  A.  M.  and  3  P.  M. 


 19  Twenty-  One  Sound  asserts  in  its  response  to  the  NAL  that  there  were  signs  not  far  from  the  guard  shack  that 
 stated  the  guard  shack  was  the  stations  main  studio.  The  only  sign  the  agent  could  find,  however,  was  located  at  the  transmitter  site.  That  sign  referenced  the  guard  shack,  but  did  not  indicate  which  guard  shack,  of  the  several  in 


 the  residential  complex,  served  as  the  main  studio.  If  an  agent,  who  was  looking  for  appropriate  signage,  could  not  find  the  main  studios  signage,  members  of  the  general  public  would  likely  have  similar  difficulties  locating 
 the  main  studio. 
 20  The  station  did  maintain  a  toll-  free  telephone  number  that  was  listed  in  800  directory  assistance. 


 21  The  NAL  noted  that  Twenty-  One  Sounds  public  file  was  missing  a  copy  of  its  most  recent  license  application. 
 During  the  inspection,  the  station  owner  stated  that  the  Commission  had  not  yet  renewed  its  license.  However,  in  its  response  to  the  NAL,  Twenty-  One  Sound  states  that  its  license  was  renewed  on  January  21,  2005.  The  public 


 file  contained  neither  the  most  recent  license  application,  nor  the  license  renewal. 
 22  Twenty-  One  Sound  correctly  notes  that  issues-  programs  lists  are  only  to  be  retained  until  final  action  has  been 
 taken  on  the  stations  next  license  renewal  application.  Twenty-  One  Sound  asserts  that  it  was  not  required  to  have  any  issues-  programs  lists  on  March  1,  2005,  because  its  license  was  renewed  on  January  21,  2005.  However, 


 pursuant  to  Section  1.117  of  the  Rules,  an  action  issued  pursuant  to  delegated  authority  is  not  final  until  40  days  after  public  notice  of  the  action.  47  C.  F.  R.    1.117.  Public  Notice  of  Twenty-  One  Sounds  license  renewal  was 
 published  on  January  26,  2005.  Thus,  its  renewal  was  not  final  on  March  1,  2005,  and  the  issues-  programs  lists  from  2004  were  required  to  be  maintained  in  the  file. 


 23  The  NAL  also  stated  that  the  stations  public  file  was  missing  emails  from  the  public.  During  the  inspection,  the 
 station  owner  stated  that  the  station  received  numerous  emails  from  the  public,  but  that  he  failed  to  place  them  in  the  public  file.  However,  in  its  response  to  the  NAL,  Twenty-  One  Sound  asserts  that  the  emails  in  question  were 


 not  required  to  be  placed  in  the  file,  because  they  were  merely  record  requests. 
 24  Section  312(  f)(  1)  of  the  Act,  47  U.  S.  C.    312(  f)(  1),  which  applies  to  violations  for  which  forfeitures  are  assessed 
 under  Section  503(  b)  of  the  Act,  provides  that  [  t]  he  term  willful,      means  the  conscious  and  deliberate  commission  or  omission  of  such  act,  irrespective  of  any  intent  to  violate  any  provision  of  this  Act  or  any  rule  or 


 regulation  of  the  Commission  authorized  by  this  Act  .  See  Southern  California  Broadcasting  Co.,  6  FCC  Rcd  4387  (1991). 
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 11.35(  a),  73.1125(  a)  and  73.3526(  a)  of  the  Rules  by  failing  to  maintain  EAS  equipment  in  operational  readiness  condition,  failing  to  maintain  a  main  studio  in  compliance  with  the  Rules,  and  failing  to  maintain  a 
 complete  public  inspection  file.  We  find  it  appropriate  to  reduce  the  forfeiture  for  these  violations  from  $25,000  to  $18,000. 


 IV.  ORDERING  CLAUSES 
 13.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  503(  b)  of  the  Communications  Act  of  1934,  as  amended,  and  Sections  0.111,  0.311  and  1.80(  f)(  4)  of  the  Commissions  Rules,  26  Twenty-One 


 Sound  Communications,  Inc.  IS  LIABLE  FOR  A  MONETARY  FORFEITURE  in  the  amount  of  eighteen  thousand  hundred  dollars  ($  18,000)  for  willfully  and  repeatedly  violating  Sections  11.35(  a), 
 73.1125(  a)  and  73.3526(  a)  of  the  Rules. 
 14.  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.  27  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  full  payment  under  an  installment  plan  should  be  sent  to:  Chief,  Revenue 
 and  Receivables  Group,  445  12th  Street,  S.  W.,  Washington,  D.  C.  20554.  28 
 15.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  First  Class  and  Certified  Mail  Return  Receipt  Requested  to  Twenty-  One  Sound  Communications,  Inc.  at  its  address  of 


 record  and  its  counsel,  Lee  J.  Peltzman,  Shainis  &  Peltzman,  Chartered,  1850  M  Street  NW,  Suite  240,  Washington,  DC  20036. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Dennis  P.  Carlton  Regional  Director,  South  Central  Region 
 Enforcement  Bureau 


 (Continued  from  previous  page)  25  The  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.  47  U.  S.  C.    312(  f)(  2). 


 26  47  C.  F.  R.    0.111,  0.311,  1.80(  f)(  4). 
 27  47  U.  S.  C.    504(  a). 
 28  See  47  C.  F.  R.    1.1914. 
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