FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 1,922
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Channel 51 of San Diego, Inc. ) File No.: EB-04-TC-067
Licensee of KUSI-TV ) Facility ID No.: 10238
San Diego, CA ) NAL/Acct. No.: 200532170007
) FRN: 0002965655
Apparent Liability for Forfeiture
Adopted: March 16, 2012 Released: March 16, 2012
By the Chief, Enforcement Bureau:
1. On September 17, 2008, the Enforcement Bureau (Bureau) issued a forfeiture
order against Channel 51 of San Diego, Inc., Licensee of KUSI-TV (KUSI).' In the Forfeiture
Order, the Bureau found that KUSI had violated Section 713 of the Communications Act of
1934, as amended (Act),- and Section 79.2(b)(I )(i) of the Commission's rules,3 and imposed a
forfeiture of $25,000 for these violations.
2. On October 17, 2008, KUSI filed an Application for Review of the Forfeiture
Order.4 On January 9, 2009, KUSI filed a Supplement to its Application for Review, arguing for
the first time in the administrative proceeding that it was not liable for a forfeiture because the
Bureau's action was inconsistent with Section 503(b)(6) of the Act.5 In addition, after the
Bureau issued the Forfeiture Order, the United States filed a complaint against KUSI to recover
the forfeiture. KUSI filed a motion to dismiss, which the court granted on March 16, 2010.6
3. After careful review of the facts and circumstances, we conclude that it is
appropriate to treat KIJSI's Application for Review as a Petition for Reconsideration of the
Channel 51 of San Diego. Inc.. Forfeiture Order, 23 FCC Rcd 13488 (Enf. Bur. 2008) (Forfeiture Order).
2 47 U.S.C. 613.
z 47 C.F.R. 79.2(b)(1)(i).
4 Application for Review filed by Channel 51 of San Dicgo. Inc., .icensee of KUSI-TV. San Diego, CA (Oct. 17,
5 Supplement to Application for Review by Channel 51 of San Diego. Inc., licensee of KUSI-TV, San Diego, CA
(Jan. 9, 2009).
6 United States v. Channel 51 of San Diego, Inc., Licensee of KU!SI-T'San Diego, CA', No. 08-CV-01978 (S.D. Cal.
Mar. 16. 2010).
Federal Conmmunicatin a nmmisin
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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.. (digital.library.unt.edu/ark:/67531/metadc94252/m1/63/: accessed April 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.