FCC Daily Digest 2022-12-15

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(Note: Only FCC actions for the Bay-Area are shown below.)

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[fcclogo]
Daily Digest
Federal Communications Commission
45 L Street NE
Washington, DC 20554

Vol. 41 No. 239
News media information 202 / 418-0500
Internet: http://www.fcc.gov
ASL Video Call: 1-844-432-2275


December 15, 2022
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ZWERLING BROADCASTING SYSTEM, LTD, KSCO(AM), SANTA CRUZ, CALIFORNIA. Issued a forfeiture in the amount of $20,000 to Zwerling Broadcasting System, Ltd, for unauthorized operation of KSCO(AM). Action by: Chief, Audio Division, Media Bureau. Adopted: 2022-12-14 by Forfeiture Order. (DA No. 22-1318). MB. DA-22-1318A1.docx<https://docs.fcc.gov/public/attachments/DA-22-1318A1.docx> DA-22-1318A1.pdf<https://docs.fcc.gov/public/attachments/DA-22-1318A1.pdf> DA-22-1318A1.txt<https://docs.fcc.gov/public/attachments/DA-22-1318A1.txt>

(Note:

Call Letters or Unlicensed and Company or Place Name match found in contents linked at URL:

Zwerling Broadcasting System, Ltd
KSCO(AM), Santa Cruz, California
)

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I. INTRODUCTION
1. In this Forfeiture Order, the Media Bureau (Bureau) issues a monetary forfeiture to Zwerling Broadcasting System, Ltd (Zwerling), in the amount of twenty thousand dollars ($20,000). The forfeiture stems from our determination that Zwerling willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended (Act), and sections 73.1350, 73.1560(a)(1), 73.1635, 73.1690(b), and 73.1745(a) of the Commission’s rules (Rules) by operating KSCO(AM), Santa Cruz, California (Station) at a variance from its authorized parameters.
II. BACKGROUND
2. Since 1970, the Station has been authorized to operate in a non-directional mode at 10 kilowatts nominal power during daytime hours, and in a directional mode at 5 kilowatts nominal power during nighttime hours. See Application File No. BL-12621.
In 2016, the Enforcement Bureau received complaints about the Station’s operations. E-mail from Tree Sitter to David Hartshorn, FCC San Francisco Office (April 18, 2016 9:38 PM PDT); E-mail from Tree Sitter to David Hartshorn, FCC San Francisco Office (April 25, 2016 8:03 AM PDT).
When the Enforcement Bureau contacted Zwerling about the complaints, Zwerling admitted the Station was operating non-directionally at night at 1 kilowatt. The Enforcement Bureau informed Zwerling that it needed to apply for an STA and then return the Station to its licensed parameters, or apply to modify the Station’s authorization to reflect the manner in which it had been operating. Despite this, Zwerling did not request STA or apply to modify the Station’s authorization.

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11. IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of the Commission’s rules, Zwerling Broadcasting System, Ltd, SHALL PLACE a copy of this Forfeiture Order in the online public inspection file of Station KSCO(AM), Santa Cruz, California (Facility ID No. 41594).
12. IT IS FURTHER ORDERED that copies of this Forfeiture Order shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Michael Zwerling, Zwerling Broadcasting System, Ltd, 2300 Portola Drive, Santa Cruz, CA 95062.

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