apparent that interference will be caused. On the basis of the facts presently before us, we find that it is apparent that operation of the proposed Park Falls translators would cause interference to direct reception of the signals of television broadcast stations and the applications will, therefore, be dismissed as inconsistent with the Commission's rules. The dismissal will be without prejudice to the filing of new applications specifying UHF translators.5 4. The renewal application of W71AC.-As indicated above, the application (BRTT-273) of J. R. Karban for renewal of the license of station W71AC, Rhinelander (rebroadcasting station WFRV-TV, Green Bay), is the only contested renewal application. The petitioner, Northland Television (WAEO-TV), within whose principal community the translator operates, requests that the application be granted subject to a nonduplication condition which will protect station WAEO-TV's NBC programing. Both WAEO-TV and WFRV-TV are NBC affiliates. Notwithstanding the fact that the translator is a nonstation-owned UHF translator, we think that a nonduplication condition would be appropriate in this case. There is no claim that station WAEO-TV's signals cannot be satisfactorily received within its own principal community, the applicant's sole defense being that the translator was in operation prior to the inauguration of service by station WAEO-TV. We believe that where, as here, a translator (whether VHF or UHF or whether station-owned or not) operates within the principal community of a television station whose programing it would duplicate and there is no showing that the signals of that television station cannot be received in the area served by the translator, the television station is entitled to program exclusivity. This represents a departure from the interim policies which we have pursued pending our further study of the nonduplication problem with respect to translators and the promulgation of a policy statement which will provide guidelines as to our future course in this area. See Second Report and Order in docket No. 14895, 2 F.C.C. 2d 725, 6 R.R. 2d 1717, paragraph 86a; Report and Order in docket No. 15971, 13 F.C.C. 2d 305, 13 R.R. 2d 1577. The application will be granted subject to a same day nonduplication condition. 5. Northland Television, in the supplement to its petition to deny, makes certain allegations respecting the manner in which Karban has operated the translator stations for which he now seeks renewal." Northland alleges that Karban, without prior authorization by the Commission, erected a translator near Crandon, Wis., to receive the signals of station WLUC-TV, channel 6, Marquette, Mich., and used this unauthorized equipment to relay the signals to Karban's translator station W80AC. The purpose of this transmitter was to enable W80AC Northern Telecable questioned Karban Television System's financial ability to construct and operate the three proposed new translators. The dismissal of the Park Falls applications leaves only the Winchester application, for which Karban needs $4,000. J. R. Karban, president of Karban Television System, Inc., has undertaken to lend the corporation any funds necessary and his balance sheet, as of Apr. 1, 1968, shows cash in excess of liabilities of nearly $25,000. The applicant is obviously financially qualified. Northland alleges that Karban charges the public for his translator service and that there is nothing in the Commission's rules to allow such activity. The answer to this contention is that there is nothing in the Commission's rules or any Commission policies to preclude it. We have recently revised the translator rules to make it possible for UHF translators to solidify their financial bases by originating slide announcements soliciting public financial support. to broadcast the Green Bay Packers football games which are not carried by station WLUK-TV, Green Bay, which W80AC is authorized to rebroadcast. Northland further alleges that carriage of station WLUC-TV's signals was not authorized by the Commission and was without the requisite rebroadcast consent of station WLUC-TV." Northland also charges that, following the destruction of station WAEO-TV's transmitting facilities in November 1968 (see footnote 4, supra), Karban began rebroadcasting station WEAU-TV, Eau Claire, Wis., on station W82AH without prior authority from the Commission. 6. On October 7, 1968, and October 11, 1968, the applications (BPTTV-3383 and BPTTV-3384) of Karban for new translators to serve Park Falls were inadvertently granted. On October 21, 1968, an order was released setting aside the grants. Northern Telecable, the CATV system in Park Falls, alleges that, following the recision of the grants, Karban nevertheless leased a site for the Park Falls translators (Oct. 26, 1968), cleared the road to the site (Oct. 28, 1968), and had a concrete slab and anchor bases poured (Oct. 31, 1968), all with the knowledge that the grants had been set-aside. Karban admits that it received notice of the recision on October 25, 1968; it did not file a response to the pleading. 7. The activities of Karban in preparing the translator site to the extent indicated do not constitute premature construction within the meaning of section 319 (a) of the Communications Act of 1934, as amended. E.g., KLOC Broadcasting Co. (KLOC-TV), 4 F.C.C. 2d 839, 7 R.R. 2d 1783. We are greatly concerned, however, with the violations of the Communications Act and the Commission's rules. Karban admits that, on several occasions, he has rebroadcast the programing of station WLUC-TV without prior authority from the Commission, in violation of sections 74.784 (b) and 74.731(e) of the Commission's rules. He also admits having rebroadcast station WEAU-TV, Eau Claire, Wis., in place of station WFRV-TV, Green Bay, on station W80AC as authorized by the Commission. Karban further admits that he continues to rebroadcast station WEAU-TV on station W82AH instead of station WAEO-TV as authorized. Until an informal request was made to Karban by the Commission, Karban did not request Commission authority to operate in this manner although there could have been no doubt that, following the destruction of station WAEO-TV, such authority would have been granted routinely upon Karban's request. The present application (BMLTT-42) was filed at the Commission's request. 8. We are greatly concerned about Karban's admitted violation of section 301 of the Communications Act and section 74.731 (c) of the Commission's rules. Karban constructed a broadcast station without Karban has shown that it has written consent from Post Corp., licensee of stations WLUC-TV and WLUK-TV, to rebroadcast WLUC-TV when that station is carrying the Green Bay Packers football games and WLUK-TV is not. Section 74.784 (b) of the rules requires licensees to notify the Commission of the call letters of each station rebroadcast and shall certify to the Commission that written rebroadcast consent has been received. Section 74.731(e) of the rules provides that a translator shall not deliberately retransmit the signals of any station other than the one it is authorized by license to retransmit. Section 301 of the Communications Act forbids the transmission of radio signals without authority from the Commission. Section 74.731(c) of the rules forbids use of a television translator station solely as a relay. authority from the Commission and used it solely to relay signals to another broadcast station. Although the station was operated with power of less than a watt and was used only for a short period before being dismantled, these are grave transgressions which indicate a lack of responsibility on the part of the licensee and an indifference toward the Commission and its procedures. The Commission cannot tolerate this type of conduct in its licensees. The unauthorized construction was accomplished more than a year ago so that we are unable to reach it by forfeiture proceedings. We recognize that Karban has served Rhinelander for several years with his translator stations and has performed a valuable service. We are not revoking the Karban licenses because we do not wish to deprive the people of the area of the television service which the translators provide and, for the same public interest reasons, we will not deny Karban's application for the proposed new Winchester translator. We caution the licensee, however, that irresponsible conduct of this nature in the future will result in severe disciplinary action by the Commission. 9. The unauthorized rebroadcasting of station WEAU-TV's signals on station W82AH continues. The petition to deny filed by Northland against Karban's application (BMLTT-42) for authority to rebroadcast station WEAU-TV states that station WAEO-TV will resume broadcasting in July 1969. Under these circumstances, it would be pointless to grant Karban's application, notwithstanding the fact that it was filed at the Commission's request. We will, therefore, dismiss the application and we will grant Karban special temporary authority to rebroadcast station WEAU-TV for 90 days or until station WAEO-TV resumes broadcasting, whichever occurs sooner. We cannot, however, overlook the seriousness of his disregard for the requirements of the Commission's rules,10 and we have determined that a penalty should be imposed. We are therefore issuing a notice of apparent liability, pursuant to section 503 (b) (2) of the Communications Act, to J. R. Karban in the amount of $2,000. At the same time, we admonish Karban that we will not condone future unauthorized rebroadcast of station WLUC-TV's signals on station W80AC or any other station other than in accordance with authority requested and received from the Commission. 10. We find that no substantial or material questions of fact have been raised by the pleadings. We further find that the applicant is qualified to construct, own and operate the proposed new translator station in Winchester, Wis., and is qualified to own and operate its translator stations in Rhinelander, Wis. We further find that grant of the applications for renewal of the licensees of stations W73AD, W76AB, W80AC, W78AE, and W82AH would serve the public interest, convenience and necessity, and that grant of the application for renewal of the license of station W71AC subject to a same-day nonduplication condition would serve the public interest, convenience and necessity. 16 Karban knew, or should have known. that the Commission's rules require prior authority before certain changes can be made in the operation of translator stations. Section 74.769 of the rules requires the licensee to have a current copy of the rules. Ignorance of the rules, therefore, can be no defense. Accordingly, It is ordered, That the petitions to deny and the informal objections filed herein Are granted, to the extent indicated and otherwise Are denied. It is further ordered, That the above-captioned applications (BRTT-272, 274, 275, 586, and 652), for renewal Are granted, and the application (BRTT-273) for renewal of the license of station W71AC Is granted, subject to the following condition: The television broadcast translator station herein authorized, upon the request of any television broadcast station within whose principal community it operates, shall not duplicate simultaneously or on the same day any program broadcast by such television broadcast station. It is further ordered, That the above-captioned application (BPTTV-3359) for a construction permit for a new translator station to serve Winchester, Wis., Is granted, in accordance with specifications to be issued. It is further ordered, That the above-captioned application (BMLTT-42) for modification of the license of station W82AH Is dismissed, as unnecessary, and special temporary authority to rebroadcast the signals of station WEÂU-TV, Eau Claire, Wis., Is granted, for 90 days from the date of release of this Order or until station WAEO-TV, Rhinelander, Wis., resumes regular broadcasting, which ever occurs sooner. It is further ordered, That the above-captioned applications (BPTTV-3383 and BPTTV-3384), for construction permits for new translator stations to serve Park Falls, Wis., Are dismissed, pursuant to section 1.566(a) of the Commission's rules, as patently not in accordance with the rules. It is further ordered, That this Order shall also constitute a notice of apparent liability for forfeiture to J. R. Karban, pursuant to section 503 (b) (2) of the Communications Act of 1934, as amended, for willful or repeated violations of sections 74.784 (b) and 74.731(e) of the Commission's rules since November 1968, by rebroadcasting the programing of station WEAU-TV, Eau Claire, Wis., on station W82AH without prior authority from the Commission. In view of the facts set forth herein, it is determined that J. R. Karban is subject to forfeiture pursuant to sections 503 (b) (1) (A) and (B) of the Communications Act of 1934, as amended, for willful or repeated failure to operate station W82AH substantially as set forth in his license and for willful or repeated failure to observe the provisions of sections 74.784 (b) and 74.731(e) of the Commission's rules. The Commission has determined that J. R. Karban has incurred an apparent liability of $2,000 for these violations, this amount to be forfeited to the United States. J. R. Karban is hereby notified that he has the opportunity to file with the Commission, within 30 days of the date of the receipt of this notice, a statement in writing as to why he should not be held liable, or, if liable, why the amount of liability should be reduced or remitted. Any such statement should be filed in duplicate and should contain complete details concerning the allegations heretofore made by the Commission, any justification for the violations involved, and any other information which he may desire to bring to the attention of the Commission. Statements of circumstances should be supported by copies of relevant documents where available. Upon receipt of any such reply, the Commission will determine whether the facts set forth therein are sufficient to relieve him of liability, or to justify either reduction or remission of the amount of liability. If it is unable to find that he should be relieved of liability, the Commission will issue an order of forfeiture and the forfeiture will be payable to the Treasurer of the United States. If he does not file, within 30 days of the date of receipt of this notice, either a statement of nonliability or a statement setting forth facts and reasons why the forfeiture should be of a lesser amount, the Commission will enter an order of forfeiture in the amount of $2,000. If he does not wish to file a statement which denies liability and, in addition, he does not wish to await the issuance of an Order, he may, within 30 days of the date of the receipt of this letter, make payment of the forfeiture by mailing to the Commission a check, or similar instrument, in the amount of $2,000, drawn payable to the Treasurer of the United States. FEDERAL COMMUNICATIONS COMMISSION, 18 F.C.C. 2d |