FCC Daily Digest 2022-10-19

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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. 201
News media information 202 / 418-0500
Internet: http://www.fcc.gov
ASL Video Call: 1-844-432-2275


October 19, 2022
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ZWERLING BROADCASTING SYSTEM, LTD, KSCO(AM), SANTA CRUZ, CALIFORNIA. Issued NAL 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: 2022-10-19 by NALF. (DA No. 22-1102). MB. DA-22-1102A1.docx<https://docs.fcc.gov/public/attachments/DA-22-1102A1.docx> DA-22-1102A1.pdf<https://docs.fcc.gov/public/attachments/DA-22-1102A1.pdf> DA-22-1102A1.txt<https://docs.fcc.gov/public/attachments/DA-22-1102A1.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 Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (NAL), we find Zwerling Broadcasting System, Ltd (Zwerling), apparently 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. Based upon our review of the facts and circumstances before us, we conclude that Zwerling is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000). Upon resolution of the forfeiture proceeding commenced herein and so long as there are no other issues that would preclude such action, we will grant Zwerling’s pending application to renew the Station’s license for a period of two years. See Application File No. 155525.


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To date, Zwerling has not filed an FCC Form 301.
3. 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, and stated the Station had been operating in this manner pursuant to STA when Zwerling acquired it. 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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5. On September 7, 2022, Zwerling requested STA to continue to operate non-directionally at night with reduced power. Letter from Bill Graff, Chief Engineer, KSCO, to FCC Audio Filings Team (rec’d Sept. 9, 2022).
We recently denied this request because Zwerling did “not provide a justification for the need to operate with an alternate antenna system and reduced power during nighttime hours.” Zwerling Broad. System, Ltd, Letter Order, at 1 (MB Oct. 5, 2022).

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17. IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of the Commission’s rules, Zwerling Broadcast System, Ltd, SHALL PLACE a copy of this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture in the online public inspection file of Station KSCO(AM), Santa Cruz, California (Facility ID No. 41594).
18. IT IS FURTHER ORDERED that copies of this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture SHALL BE SENT, by First Class and Certified Mail, Return Receipt Requested, to Michael Zwerling, Zwerling Broadcast System, Ltd, 2300 Portola Drive, Santa Cruz, CA 95062.

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