FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 2,319
xi, 1878-2785 p. ; 28 cm.View a full description of this book.
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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Hoosier Public Radio Corporation ) File No.: EB-10-CG-0743
) NAL/Acct. No.: 201232320002
Licensee of Station WRFM-FM ) FRN: 0006402911
Wilkinson, Indiana ) Facility ID No.: 173964
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: March 7. 2012 Released: March 8, 2012
By the District Director, Chicago Office, Northeast Region, Enforcement Bureau:
1. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Hoosier
Public Radio Corporation (Hoosier), licensee of Non-Commercial Educational Station WRFM-FM, in
Wilkinson, Indiana (Station), apparently willfully and repeatedly violated Section 73.1350(a) of the
Commission's rules (Rules),' by failing to maintain and operate its broadcast station in accordance with
the terms of the Station's authorization. We conclude that Hoosier is apparently liable for a forfeiture in
the amount of eight thousand dollars ($8,000). We also direct Hoosier to submit a report, signed under
penalty of perjury, regarding the status of the Station's operations.
II. BACKGROUND
2. The license for Station WRFM-FM authorizes Hoosier to operate a Non-Commercial
Educational FM Station on 89.1 MHz in Wilkinson, Indiana. More specifically, the license provides that
the Station's transmitter shall be located at the geographical coordinates of 39 52' 46" north latitude and
85 38' 11" west longitude, which is in rural Brown Township, Hancock County, Indiana.
3. On September 28, 2010, in response to a complaint, an agent from the Enforcement
Bureau's Chicago Office (Chicago Office) commenced an investigation into the Station's operations. The
agent traveled to the transmitter site authorized in the Station's license and found no transmission facilities
of any kind. On September 30, 2010, the agent conducted an inspection with Martin Hensley, Hoosier's
president and chief operator, at the Station's main studio and at the Station's authorized transmitter site.
The agent found that the Station was operating from an antenna mounted on a fann silo at the approximate
geographic coordinates of 390 50' 15" north latitude and 850 37' 30" west latitude in rural Jackson
Township, Hancock County, Indiana (hereinafter referred to as the "Farm Silo" location), which is
approximately three miles from the Station's authorized transmitter location. During the inspection, Mr.
Hensley was not able to provide the agent a copy of a license authorizing the Station to operate from the
Farm Silo. Mr. Hensley did provide the agent a copy of a letter, dated January 5, 2009, in which Hoosier
advised the Commission that it had moved from its licensed facilities and requested authorization to locate
its facilities temporarily at a nearby site.? Hoosier could not provide proof that the letter was properly filed
47 C.F.R. 4 73.1350(a).
2 L.Ietter from Martin 1 lensley to FCC Secretary (Jan. 5. 2009) (on file in EB-10-CG-0743). The letter did not
(continued...)2319
Federal Communications Commission
DA 12-350
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94252/m1/460/: accessed May 11, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.