FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,024
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equipment. In their LO1 Response, R.J. admitted that WHPR-FM had not installed an EAS decoder,
which R.J. acknowledged is required by all Class D NCE stations. Accordingly, we find that R.J.
willfillly and repeatedly violated section 1 1.35(a) of the Rules by failing to install an EAS decoder at
7. Modification of Transmission Systems. Section 73.1690(b) of the Rules, in relevant part,
The following changes may be made only after the grant of a construction permit
application on FCC Form 301 for commercial stations or Form 340 for noncommercial
(2) Any change in station geographic coordinates, including coordinate corrections of
more than 3 seconds latitude and/or 3 seconds longitude. FM and TV directional stations
must also file a construction permit application for any move of the antenna to another
tower structure located at the same coordinates.
On March 8, 2010, using direction-finding techniques, an agent from the Detroit Office determined that R.J.
was transmitting from a location 20 Seconds South and 19 Seconds East of Station WHPR-FM's authorized
location. In their LOI Response, R.J. admitted to moving their transmitter to the unauthorized location in
July 2009. Although R.J. claimed that it did not believe that prior FCC authorization was required for
what it believed was a "minimal" move, we note that it is well established that a violator's lack of
knowledge or erroneous beliefs does not excuse the violation nor serve as a mitigating factor warranting a
forfeiture reduction." Furthermore, although R.J. has since filed a modification application to reflect its
new transmitter site, which the Commission granted in October of last year,'4 this subsequent remedial
action does not nullify or excuse the licensee's rule violation." Accordingly, we find that R.J. willfully
and repeatedly violated section 73. 1690(b)(2) of the Rules by failing to obtain prior FCC authorization to
move their transmitter to a new location.
8. Public Inspection File. Section 73.3527(a)(2) of the Rules requires non-commercial
educational broadcast stations to maintain for public inspection a file containing materials listed in that
section.'" Furthermore, section 73.3527(b)(1) requires that the public file be maintained at the station's
main studio, and section 73.3527(c)(1) of the Rules specifies that the file shall be available for public
inspection at any time during regular business hours. On March 12, 2010, when agents from the Detroit
Office asked to inspect the public inspection file at Station WHPR-FM's main studio during normal business
hours, station staff was not able to produce a public inspection file. In their LOI Response, R.J. reported that
it had not maintained a public file since the public library, where they previously maintained their public
file, closed "several years ago." Accordingly, we find that R.J. willfully and repeatedly violated section
73.3527 of the Rules by failing to maintain and make available a local public inspection file.
9. Proposed Action. Pursuant to the Commission's Forfeit re Policy Statement and section
1.80 of the Rules, the base forfeiture amount for failing to have EAS equipment installed or operational is
$8,000; operation at an unauthorized location is $4,000; and tailing to maintain a public inspection file is
SSee. e.g . Kenneth Paul HarmrI. Sr.. 15 FCC' Red 12933, 12935 (Enrf Bur. 2000) (denying a mitigation claim of a
broadcast licensee, stating that its ignorance of the law did not excuse the unauthorized transfer of the station);
Maxwell Broadcastmng Group, Inc., 8 FCC Rcd 784, 784 (MMB 1993) (denying a mitigation claim of a
noncommercial broadcast licensee, stating that the excuse of"inadvertenlce], due to inexperience and ignorance of
the rules . . . are not reasons to mitigate a forfeiture" for violation of the advertisement restrictions).
4 See nupra note 4.
SSee. e g. Ramna C'omnuncations. Inc., Memorandum ()pinion and Order. 23 FCC Red 18209 (Ent: Bur 2008).
, See 47 C.F.R. 73.3527(a)(2).
7See 47 C.F.R. 73.3527(b)(1) & (c)(1).
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/48/: accessed March 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.