******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) File No. 99TP016 Joy Public Broadcasting Corporation ) NAL/Acct. No. 915TP0004 Radio Station WJTF-FM ) Panama City, Florida ) MEMORANDUM OPINION AND ORDER Adopted: August 30, 2000 Released: September 1, 2000 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF- FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on March 9, 2000.1 That Memorandum Opinion and Order denied Joy's petition for reconsideration of the Forfeiture Order2 which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules'').3 The noted violations involve Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. 2. Reconsideration is appropriate only where the petitioner either shows a material error or omission in the original order or raises additional facts not known or existing until after the petitioner's last opportunity to present such matters. WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 (1966); 47 C.F.R. § 1.106(c). A petition that simply repeats arguments previously considered and rejected will be denied. Bennett Gilbert Gaines, 8 FCC Rcd 3986 (Rev. Bd. 1993). Review of Joy's current petition for reconsideration and the Memorandum Opinion and Order reveals that the Memorandum Opinion and Order contains no material error or omission and that we have already considered and rejected the arguments contained in Joy's petition. Therefore, denial of Joy's petition is warranted. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended (``Act''),4 and Section 1.106 of the Rules,5 Joy Public Broadcasting Corporation's petition for reconsideration of the Memorandum Opinion and Order IS DENIED. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act.7 Payment may be made by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should note the NAL/Acct. No. referenced above. Requests for full payment under an installment plan should be sent to: Chief, Credit and Debt Management Center, 445 12th Street, S.W., Washington, D.C. 20554.8 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Joy Public Broadcasting Corporation, 341 S. Washington, Lancaster, Wisconsin 53813, and to its counsel, Timothy E. Welch, Esq., Hill & Welch, 1330 New Hampshire Avenue N.W., Suite 113, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 15 FCC Rcd 8575 (Enf. Bur., 2000). 2 14 FCC Rcd 856 (Compl. & Inf. Bur., 1999). 3 47 C.F.R. §§ 73.1350(c)(2), 73.1590(a)(1) and 73.1870(b)(3). 4 47 U.S.C. § 405 5 47 C.F.R. § 1.106. 6 47 C.F.R. § 1.80. 7 47 U.S.C. § 504(a). 8 See 47 C.F.R. § 1.1914.