******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect 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 WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re ) ) GERARD A. TURRO ) MM Docket No. 97-122 ) For Renewal of License ) File Nos. BRFT-970129YC for FM Translator Stations ) BRFT-970129YD W276AQ(FM), Fort Lee, NJ, and ) W232AL(FM), Pomona, NY ) ) MONTICELLO MOUNTAINTOP ) BROADCASTING, INC. ) ) Order to Show Cause Why the Construction ) Permit for FM Radio Station WJUX(FM), ) Monticello, NY, Should Not Be Revoked ) HEARING DESIGNATION ORDER, ORDER TO SHOW CAUSE AND NOTICE OF OPPORTUNITY FOR HEARING Adopted: April 15, 1997 Released: April 18, 1997 By the Commission: 1. The Commission has before it for consolidated consideration: (a) the renewal applications of Gerard A. Turro ("Turro") for FM Translator Stations W276AQ(FM), Fort Lee, New Jersey, and W232AL(FM), Pomona, New York; (b) a petition to deny the Fort Lee and Pomona translator license renewal applications filed by Universal Broadcasting of New York, Inc. ("Universal"), licensee of AM Broadcast Station WVNJ, Oakland, New Jersey; (c) an opposition pleading filed by Turro; (d) the construction permit of Monticello Mountaintop Broadcasting, Inc. ("MMBI") for operating FM Radio Station WJUX(FM), Monticello, New York; and (e) information suggesting that Turro and MMBI may have willfully and repeatedly violated the Commission's Rules and made deliberate misrepresentations and/or lacked candor to the Commission concerning the operation of these stations. 2. As explained in detail herein, the commonality of facts and issues involving these stations require that both Turro and MMBI be made parties to a consolidated proceeding. Further, the information now before the Commission raises serious questions as to whether Turro and/or MMBI possess the qualifications to be or remain the licensee or permittee of the above- captioned stations. 3. We note the pendency of MMBI's application for a license to cover the construction of WJUX's facilities. That application is incorporated herein for disposition in accordance with the outcome of this proceeding. We also note that on September 6, 1996, Turro requested the dismissal of a pending application to assign the subject translator stations to Stephen M. Gansler ("Gansler"), proposed trustee of the Gerard A. Turro Trust (see paragraph 12, infra.). We dismiss that application herein. However, a pending application to assign these translator stations from Turro to Press Broadcasting Co. ("Press") will be held in abeyance pending the resolution of the issues raised herein. Background 4. Turro, d/b/a Bergen County Community Broadcast Foundation, and MMBI are parties to a Network Affiliation Agreement pursuant to which WJUX broadcasts "Jukebox Radio" programming provided by Turro on a full time (24-hour) basis in consideration for certain financial remuneration paid by Turro to MMBI. Turro and MMBI are also parties to two rebroadcast agreements pursuant to which WJUX's programming is broadcast over Turro's Fort Lee and Pomona translator stations. The coverage contour of each of Turro's translator stations is wholly outside the protected (1 mV/m) signal contour of WJUX. 5. In 1991, Turro sought Commission guidance on the propriety of establishing a relationship between a translator station and a primary station consistent with Section 74.1232 of the Commission's Rules governing the operation of translator stations. Specifically, Turro sought guidance on the propriety of a proposal whereby a translator licensee would purchase air time on the primary station that it is rebroadcasting, and: (a) the translator station would operate outside the primary signal contour of the station being rebroadcast; (b) the primary station would not reimburse the translator licensee for the air time that is purchased or provide any financial support to the translator station licensee; (c) the translator station licensee would purchase the air time through a time brokerage agreement containing terms that satisfy the Commission's rules and policies; and (d) the translator station would solicit commercial advertisements to be aired during the brokered time to support the programming presented. Based upon the specific information presented in his request, Turro was informed, by letter dated November 19, 1991, that the proffered proposal would not be prohibited by the Commission's Rules. 6. In February 1995, the Commission received a complaint from Universal that Turro's program service was designed primarily for distribution by the Fort Lee translator and only secondarily for transmission by the full-service FM station, WJUX. It was further alleged that Turro, instead of receiving the signals of WJUX off the air and rebroadcasting them via the translator stations, was transmitting his originated programming directly to the Fort Lee translator from his studio facilities in Dumont, New Jersey, and simultaneously transmitting the programming directly to both WJUX and the Pomona translator. This would violate Section 74.1231(b) of the Commission's Rules, which requires that a translator receive the signal of the primary station it rebroadcasts directly over the air for retransmission. It was also alleged that the business relationships between Turro and MMBI violate Section 74.1232(d) of the Commission's Rules. 7. As a result of the information received, the Commission conducted an investigation into the relationship of Turro and his FM translator stations with MMBI, its sole principal, Wesley R. Weis ("Weis"), and WJUX. As part of the investigation of these matters, an FCC field engineer inspected MMBI's Monticello station and Turro's Dumont, N.J., studios on April 13 and 14, 1995. It appeared to the inspector that all the Jukebox Radio programming airing on WJUX and the translators, including the advertising, news and call sign identifications, was originating from Turro's Dumont studios in violation of Section 74.1231(b) of the Commission's Rules. Later, during a May 15, 1995, on-site inspection of Turro's Fort Lee translator, the FCC's field engineer was able to establish that an intercity relay station was being used to deliver programming from the Dumont studio directly to the Fort Lee translator for broadcast in violation of Section 74.531(c) of the Commission's Rules. The FCC field engineer was also able to determine that WJUX and the Fort Lee translator were each simultaneously receiving programming directly from a single source -- Turro's Dumont studio. 8. The on-site inspection of WJUX's specified main studio also uncovered apparent multiple violations of the Commission's rules and policies with respect to main studios. Specifically, that inspection revealed that: while the WJUX main studio was supposed to be collocated with the existing studios of WVOS (AM/FM), Liberty, NY, there was no apparent indication or identification that these facilities were serving as the main studio for WJUX; there was no telephone line dedicated to WJUX at the studios; the purported main studio was staffed by WVOS employees; and WJUX leased a former production room for its studio, which not only did not provide programming to the station's transmitter, but also was not then capable of such use without adjustments at the transmitter site. Further, while the FCC field engineer was not able to determine whether there was remote equipment installed at the main studio to control the WJUX transmitter or read its operating parameters, he did determine that the WJUX transmitter was being controlled full-time through telephone lines by personnel at Turro's Dumont studios. 9. After these inspections, Letters of Inquiry were directed to Turro and MMBI. Turro, in his July 28, 1995, response, stated that he delivers his programming via telephone line from his studio in Dumont to WJUX; that signal is then received off-air by the Pomona translator which rebroadcasts the signal; and the Fort Lee translator receives the Pomona signal for rebroadcast. These statements, however, appear to conflict with the findings of our field engineer. These statements also appear to conflict with sworn statements furnished by former Turro employees and other statements of knowledgeable individuals who claim that Turro delivers programming directly to the Fort Lee translator from his Dumont studio via an inter-city relay transmitter located atop a building owned by Weis. These individuals also state that Turro maintains separate telephone lines to WJUX, the Fort Lee translator, and the Pomona translator, to deliver the Jukebox Radio programming to each individual station. In fact, it appears that on a number of occasions, WJUX was off the air, but Jukebox Radio programming was still being broadcast on the Fort Lee translator. 10. In its July 27, 1995, response to the Letter of Inquiry directed to it, MMBI stated, among other things, that a general manager and public service director are generally present at its main studio during normal business hours, that WJUX's "staff" is instrumental in assessing community needs and responsive programming, that it maintains a local telephone number at the main studio for residents of Monticello, and that the station's transmitter could be activated by remote control from the main studio. These statements, however, appear to be contrary to the findings of the FCC field engineer noted above. MMBI's response also indicates that the funds used to operate WJUX were received from Turro as an "inducement" to enter into the network affiliation for Turro's programming service. In addition, MMBI's Weis, a long-time friend and past business associate of Turro, states that he viewed his affiliation agreement with Turro as akin to a local management agreement, commonly known as an "LMA." In fact, he asserts, the original affiliation agreement indicated that Turro would be the de facto operator of WJUX. Weis states that upon advice of counsel, Turro and Weis subsequently amended the affiliation agreement to specify more responsibility on the part of Weis. 11. By letter of April 5, 1996, from the Chief, Mass Media Bureau ("Bureau"), Turro was advised that so long as one or both of his translator stations continue to rebroadcast WJUX's off-air programming, Turro must cease from having any interest in or other connection with WJUX. Alternatively, so long as Turro continued to maintain any interest in or connection of any kind with WJUX, he was advised to cease from rebroadcasting WJUX's programming over his translator stations. Turro was afforded 60 days to sever and/or discontinue any and all prohibited interests, connections, contracts, relationships, agreements, and activities, and to take any further action necessary to comply fully with all of the provisions of Section 74.1232 of the Commission's Rules. The Bureau's April 5, 1996, letter also acknowledged the 1991 opinion letter advising Turro that the then-described proposal would not be prohibited by the Commission's Rules. The Bureau stated that business relationships between primary and translator station licensees outlined in Turro's 1991 letter contemplated Turro having a de minimis interest in or nominal connection with a primary station. The Bureau said that its 1991 opinion letter did not anticipate -- and did not condone -- what it later learned was Turro's ongoing and substantial relationship with and nearly complete programming of WJUX. 12. On May 31, 1996, Turro filed an application to assign the translator licenses to a trust created for his benefit but controlled by a trustee, Gansler. By letter dated June 5, 1996, the Chief, Mass Media Bureau, granted Turro's interim request to continue the translator stations' current program service, but only until such time as the pending assignment application, trust and related agreements, and any comments received thereon were evaluated. Thereafter, on August 13, 1996, the Bureau, by Memorandum Opinion and Order, concluded that the proposed assignment of licenses to a trustee would not achieve compliance with the Bureau's April 5, 1996, directive to cease the relationship between Turro's translators and WJUX. See Gerard A. Turro, DA 96-1292 (released August 13, 1996). Turro has now asked that we dismiss this application and we do so here. In addition, Turro was directed to advise the Bureau what steps he would undertake to effect compliance with Section 74.1232 of the Commission's Rules with respect to the operation of the translators. Thereafter, Turro filed the application to assign the translator licenses to Press. See paragraph 3, supra. Discussion 13. Based upon his response to the Letters of Inquiry, as well as the results of field inspections, it appears that Turro is in violation of Section 74.1231(b) of the Commission's Rules with regard to the requirement that a translator station directly receive and retransmit the primary station signal it carries. The information before us indicates that the Fort Lee translator is programmed directly from Turro's Dumont studio, and is not retransmitting WJUX's off-the-air signal. In addition, there is evidence that the Fort Lee translator has directly received programming via an aural intercity relay station in violation of Section 74.531(c) of the Commission's Rules and that both the Fort Lee and Pomona stations have also been programmed via telephone lines from Turro's Dumont studios in violation of Section 74.1231(b) of the Commission's Rules. 14. It also appears that MMBI has repeatedly and continuously violated the Commission's rules and policies governing a broadcast station's main studio. The main studio rule, Section 73.1125 of the Commission's Rules, requires that every licensee maintain a main studio within its principal community contour. The main studio is expected to facilitate the key function of serving the needs and interests of the residents of the station's community of license. See, e.g., Main Studio and Program Origination Rules (Clarification), 3 FCC Rcd 5024, 5026 (1988). To fulfill this function, a station must equip the main studio with production and transmission facilities, maintain continuous program transmission capability, and maintain a meaningful management and staff presence. Id. In Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615 (1991), clarified, 7 FCC Rcd 6800 (1992), the Commission defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. It further stated that there must be "management and staff presence" on a full-time basis during normal business hours to be considered "meaningful." In addition, Section 73.1125(c) of the Rules requires that each broadcast station maintain a local toll-free telephone number for residents within its community of license. 15. MMBI's response to the Letter of Inquiry indicates that WJUX maintains a main studio in Liberty, New York, at the WVOS(FM) main studio. MMBI states that its main studio has program production and origination capability, a remote control point for the station's transmitter that can be activated and deactivated from the main studio, the general presence of two management-level personnel during normal business hours, and a toll-free telephone number for the residents of Monticello. However, MMBI provides no evidence to substantiate these claims. In fact, the FCC field engineer who conducted the on-site inspection of WJUX's specified main studio reported that: WJUX's presence at the WVOS main studio was limited to its lease of a former production room for its studio; that studio had no apparent program production and transmission capabilities; there was no apparent remote control equipment installed at the station to control the transmitter or to read its operating parameters; and it appeared that the WJUX transmitter was being controlled full-time through telephone lines by personnel at Turro's Dumont studio. These findings appear to conflict with the statements made by MMBI to the Commission on these matters. In addition, there was no indication to the FCC field engineer that WVOS's employees were operating under the direction of Weis for matters attendant to the operation of WJUX. All of these factors suggest multiple and continuing violations of specific Commission requirements applicable to the operation of a broadcast station. In view of these facts, a question exists as to whether MMBI ever maintained a functional main studio within the principal community contour of WJUX in compliance with Section 73.1120 of the Rules regarding the location of a broadcast station's main studio. 16. In addition to the FCC field engineer's findings, we also have information suggesting that MMBI has abdicated control of its station to Turro, who apparently was, and remains, in control of WJUX, its technical facilities, programming, advertising and financial position. Section 310(d) of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C.  310(d), as well as Section 73.3540(a) of the Commission's Rules, essentially provide that no broadcast authorization shall be voluntarily transferred or assigned without prior FCC evaluation and consent. There is no exact formula by which control of a broadcast station can be determined. But, in ascertaining whether a transfer of control has occurred, we traditionally look beyond the legal title to whether a new entity or individual has obtained the right to determine the basic operating policies of the station, particularly those policies relating to the station's personnel, programming, and finances. See WHDH, Inc., 17 FCC 2d 856 (1969), aff'd sub nom. Greater Boston Television Corp. v. FCC, 444 F.2d 841 (D.C. Cir. 1970), cert. denied, 403 U.S. 923 (1971). Although a licensee may delegate certain functions to an agent or employee on a day-to- day basis, ultimate responsibility for the essential station policies cannot be delegated. Southwest Texas Public Broadcasting Council, 85 FCC 2d 713, 715 (1981). See also Salem Broadcasting, Inc., 6 FCC Rcd 4172 (MMB 1991). The facts before us, taken in conjunction with MMBI's apparent inability to control its programming and equipment, suggest that MMBI is not in control of WJUX. Moreover, because it appears that Turro not only directs WJUX programming and advertising time, but also provides the funds used to operate the station and controls its technical facilities, the totality of facts before us suggests that Turro exercises de facto control of WJUX. These apparent unauthorized changes in control of WJUX violate Section 310(d) of the Act and Section 73.3540(a) of our Rules. 17. We also believe that a substantial and material question of fact exists as to whether Turro and MMBI possess the requisite character qualifications to be or remain a Commission licensee or permittee. The "trait of truthfulness" is a key element of the character necessary to operate a broadcast station in the public interest. See Policy Regarding Character Qualifications in Broadcast Licensing, 102 FCC 2d 1179, 1210 (1986). Here, we find that there is a substantial and material question of fact as to whether Turro and MMBI have misrepresented or lacked candor to the Commission with respect to material facts concerning the operations of these broadcast stations. A misrepresentation is a false statement of fact made with the intent to deceive the Commission. See Fox River Broadcasting, Inc., 93 FCC 2d 127, 129 (1983). Lack of candor is concealment, evasion or other failure to be fully informative, accompanied by an intent to deceive the Commission. "A necessary and essential element of both misrepresentation and lack of candor is intent to deceive." Id. Intent may be found from the false statement of fact coupled with proof that the party making it had knowledge of its falsity. See David Ortiz Radio Corp. v. FCC, 941 F.2d 1253, 1260 (D.C.Cir. 1991). Intent may also be found from motive. See Joseph Bahr, 10 FCC Rcd 32, 33 (Rev. Bd. 1994). It appears that Turro's and MMBI's statements to the Commission regarding the origination of the programming on the translators and the operation of WJUX were inaccurate. These inaccuracies, combined with other reliable information, suggest that Turro and MMBI significantly misstated material facts to the Commission. 18. Furthermore, there is substantial evidence that Turro and MMBI had a clear motive to conceal or misrepresent these activities, most of which, as noted, constitute violations of the Commission's Rules. In addition to the April 5, 1996, letter noted in paragraph 11, supra, the Commission had twice previously focused on Turro's particular situation and rejected the idea of local program origination for FM translators. In Gerard A. Turro, 2 FCC Rcd 6674 (1987), aff'd sub nom. Turro v. FCC, 859 F.2d 1498 (D.C. Cir. 1988), the Commission affirmed the Mass Media Bureau's denial of Turro's July 9, 1986, request for waiver to allow the Fort Lee translator to originate local programming. Moreover, in Amendment of Part 74 of the Commission's Rules Concerning FM Translator Stations, 5 FCC Rcd 7212, 7219-20 (1990), recon. denied, 8 FCC Rcd 5093 (1993), the Commission considered and rejected Turro's July 28, 1989, proposal to allow translators, including his Fort Lee translator, to originate local programming in certain situations. Taken together, Turro's and MMBI's misstatements and their clear motive not only to avoid detection of their violations, but also to continue their prohibited relationships strongly suggest that they have engaged in misrepresentations and/or lack of candor to the Commission. These apparent misrepresentations and lack of candor call into question both Turro's and MMBI's basic character qualifications to remain a Commission licensee or permittee. 19. Given the substantial and material questions of fact raised concerning Turro's and MMBI's basic qualifications, we conclude that, as described below, Turro should be directed to demonstrate why renewal of his translator station licenses will serve the public interest and MMBI should be directed to show cause why the authorization for WJUX should not be revoked. In addition, the hearing seeks to determine whether forfeitures are appropriate for violations of our rules. Ordering Clauses 20. Accordingly, IT IS ORDERED that, as requested by Turro and pursuant to Section 73.3568(a) of the Commission's Rules, the application to assign the license of Translator Stations W276AQ, Fort Lee, New Jersey, and W232AL, Pomona, New York, to Stephen M. Gansler, proposed trustee of the Gerard A. Turro Trust IS DISMISSED, and the petition to deny that application filed by Universal Broadcasting of New York, Inc., and related pleadings ARE DISMISSED to the extent indicated herein. 21. IT IS FURTHER ORDERED that, pursuant to Section 309(e) of the Communications Act of 1934, as amended, the applications of Gerard A. Turro for renewal of licenses of Radio Stations W276AQ and W232AL ARE DESIGNATED FOR HEARING at a time and location specified in a subsequent Order, upon the following issues: 1. To determine whether Gerard A. Turro's operation of translator stations W276AQ (FM), Fort Lee, New Jersey, and W232AL (FM), Pomona, New York, violated Sections 74.531(c) and 74.1231(b) of the Commission's Rules with respect to the operation of translator stations. 2. To determine whether Gerard A. Turro engaged in an unauthorized transfer of control, or otherwise exercised and/or continues to exercise de facto control over WJUX(FM), Monticello, New York, in violation of Section 310(d) of the Communications Act of 1934, as amended, and Section 73.3540(a) of the Commission's Rules. 3. To determine whether Gerard A. Turro misrepresented and/or lacked candor to the Commission concerning the operation of translator stations W276AQ(FM), Fort Lee, New Jersey, and W232AL(FM), Pomona, New York. 4. To determine whether, in light of the evidence adduced under the foregoing issues, the public interest will be served by the grant of the above-captioned renewal applications filed by Gerard A. Turro. 22. IT IS FURTHER ORDERED that the initial burden of going forward with the introduction of evidence on issues 1 - 4 shall be upon the Mass Media Bureau and that, pursuant to Section 309(e) of the Communications Act of 1934, as amended, both the burden of proceeding and the ultimate burden of proof with respect to issues 1 - 4, shall be upon the licensee, Gerard A. Turro. 23. IT IS FURTHER ORDERED that, the application to assign the license of Translator Stations W276AQ, Fort Lee, New Jersey, and W232AL, Pomona, New York, to Press Broadcasting Co., and a petition to deny that application filed by Universal Broadcasting of New York, Inc., and related pleadings WILL BE HELD IN ABEYANCE PENDING THE OUTCOME OF THIS PROCEEDING. 24. IT IS FURTHER ORDERED that, pursuant to Section 312(a)(2) of the Communications Act of 1934, as amended, Monticello Mountaintop Broadcasting, Inc.. IS DIRECTED TO SHOW CAUSE why the construction permit for Radio Station WJUX(FM) should not be REVOKED, at a hearing to be held at a time and location specified in a subsequent Order, upon the following issues: 5. To determine whether Monticello Mountaintop Broadcasting, Inc. has violated and/or continues to violate Sections 73.1120 and 73.1125(a) and (c) of the Commission's Rules with respect to the maintenance of a main studio for Station WJUX(FM), Monticello, New York. 6. To determine whether Monticello Mountaintop Broadcasting, Inc., engaged in an unauthorized transfer of control or otherwise abdicated control of Station WJUX(FM), Monticello, New York, to Gerard A. Turro or an affiliated entity in violation of Section 310(d) of the Communications Act of 1934, as amended, and Section 73.3540(a) of the Commission's Rules. 7. To determine whether Monticello Mountaintop Broadcasting, Inc. and/or its agents misrepresented and/or lacked candor to the Commission concerning the operation of Station WJUX(FM), Monticello, New York. 8. To determine whether, in light of the evidence adduced under the foregoing issues, Monticello Mountaintop Broadcasting, Inc. possesses the requisite qualifications to be or remain a Commission broadcast permittee. 25. IT IS FURTHER ORDERED that, pursuant to Section 312(d) of the Communications Act of 1934, as amended, the burden of proceeding with the introduction of evidence and the ultimate burden of proof shall be upon the Mass Media Bureau as to issues 5 - 8. 26. IT IS FURTHER ORDERED that MMBI's application (BLH-941031KD) for a license to cover the construction of WJUX's facilities BE HELD IN ABEYANCE PENDING THE OUTCOME OF THIS PROCEEDING. 27. IT IS FURTHER ORDERED that this Order shall constitute a Bill of Particulars with respect to all the foregoing issues. 28. IT IS FURTHER ORDERED that, pursuant to Section 1.227 of the Commission's Rules, the above proceedings BE CONSOLIDATED for an administrative hearing to be conducted in as expeditious manner as possible. 29. IT IS FURTHER ORDERED that Universal Broadcasting of New York, Inc. IS MADE A PARTY TO THIS PROCEEDING. 30. IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard, the parties to this proceeding, pursuant to Sections 1.91(c), 1.221(c) and 1.221(e) of the Commission's Rules, in person or by attorney, shall file with the Commission within twenty (20) days of the receipt of the Order to Show Cause a written appearance stating that they will appear at the hearing and present evidence on the matters specified in the Order. If Turro fails to file an appearance within the specified time period, the renewal applications will be dismissed with prejudice for failure to prosecute. See Section 1.221(c) of the Commission's Rules. If MMBI fails to file an appearance within the time specified, the right to a hearing shall be deemed to have been waived. See Section 1.92(a) of the Commission's Rules. Where a hearing is waived, a written statement in mitigation or justification may be submitted within thirty (30) days of the receipt of the Order to Show Cause. See Section 1.92(a) of the Commission's Rules. In the event MMBI waives its right to a hearing, the presiding officer, or the Chief Administrative Law Judge if no presiding judge has been designated, will terminate the hearing proceeding and certify the case to the Commission in the regular course of business and an appropriate Order will be entered. See Section 1.92(c) of the Commission's Rules. 31. IT IS FURTHER ORDERED that, without regard as to whether the hearing record warrants the Order denying Turro's renewal of license applications for W276AQ(FM) and W232AL(FM), it shall be determined, pursuant to Section 503(b) of the Communications Act of 1934, as amended, whether an ORDER FOR FORFEITURE in an amount not to exceed 250,000 dollars shall be issued against Turro for each of the above-alleged violations which occurred or continued within the applicable statute of limitations. 32. IT IS FURTHER ORDERED that, without regard as to whether the hearing record warrants the Order revoking MMBI's authorization for WJUX(FM), it shall be determined, pursuant to Section 503(b) of the Communications Act of 1934, as amended, whether an ORDER FOR FORFEITURE in an amount not to exceed 250,000 dollars shall be issued against MMBI for each of the above-alleged violations which occurred or continued within the applicable statute of limitations. 33. IT IS FURTHER ORDERED that, this document constitutes a Notice of Opportunity for Hearing for a forfeiture for the above-alleged violations. The Commission has determined that, in every case designated for hearing involving revocation or denial of assignment, transfer, or renewal of license for alleged violations which also come within the purview of Section 503(b) of the Communications Act of 1934, as amended, it shall, as a matter of course, include this forfeiture notice so as to maintain the fullest possible flexibility of action. Since the procedure is thus a routine or standard one, we stress that the inclusion of this notice is not to be taken as in any way indicating what the initial or final disposition of the case should be; that judgement is, of course, to be made on the facts of each case. 34. IT IS FURTHER ORDERED, that the Secretary of the Commission send a copy of this Order by Certified Mail-Return Receipt Requested, to: Mr. Gerard A. Turro 687 Orchard Street Oradell, NJ 07649 Monticello Mountaintop Broadcasting, Inc. 11 Old Tappan Road Old Tappan, NJ 07675 and Universal Broadcasting of New York, Inc. 1086 Teaneck Road Suite 4F Teaneck, NJ 07666. FEDERAL COMMUNICATIONS COMMISSION William S. Caton Acting Secretary