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DWJKQ (FM), Jackson, MI & DWAQQ (FM), Onsted, MI, License Expiration

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Released: June 13, 2012

Federal Communications Commission

Washington, D.C. 20554

June 13, 2012

DA 12-932

In Reply Refer to:
1800B3-TH
Released: June 13, 2012
James McCluskey, Ph.D.
Great Lakes Community Broadcasting, Inc.
Great Lakes Broadcast Academy, Inc.
P.O. Box 334
Stanwood, MI 49345

Re:

DWJKQ(FM), Jackson, MI

Facility ID No. 93649
FCC File Nos. BRED-20120529AGL
and BALED-20120222AAA

DWAQQ(FM), Onsted, MI

Facility ID No. 93742
FCC File No. BRED-20120530AJS
Dear Dr. McCluskey:
We have before us the referenced applications by Great Lakes Community Broadcasting, Inc.
(“Great Lakes”), licensee of noncommercial educational (“NCE”) FM stations DWJKQ(FM), Jackson,
Michigan (the “Jackson Station”) and DWAQQ(FM), Onsted, Michigan (the “Onsted Station”). The
applications seek the renewal of licenses of the Jackson Station (the “Jackson Renewal Application”) and
the Onsted Station (the “Onsted Renewal Application”), and consent to the proposed assignment of the
license for the Jackson Station to Jackson Lansing Catholic Radio (the “Jackson Assignment
Application”).
We also have before us license renewal applications for FM translator stations licensed to Great
Lakes and Great Lakes Broadcast Academy, Inc., which is under common control with Great Lakes.
Those translator stations are: (a) DW206AZ, Fremont, Michigan (Facility ID No. 92895); (b) DW206BF,
Rogers Heights, Michigan (Facility ID No. 94048); and (c) DW220CW, Rogers Heights, Michigan
(Facility ID No. 94049) (collectively, the “Translators”).
For the reasons set forth below, we conclude that the licenses for the Jackson Station, the Onsted
Station and the Translators have expired pursuant to Section 312(g) of the Communications Act of 1934,
as amended (the “Act”). Accordingly, we dismiss all pending applications for those stations, including
the Jackson Renewal Application, the Jackson Assignment Application, the Onsted Renewal Application,
and the license renewal applications for the Translators.1


1 The applications being dismissed also include a construction permit application for the Jackson Station and a


Background.

In Great Lakes Community Broadcasting, Inc., Memorandum Opinion and Order,
24 FCC Rcd 8239 (MB 2009) (“Great Lakes Order”), we detailed an extensive history of violations of
the Act and the Commission’s Rules (the “Rules”) by Great Lakes. In multiple instances, Great Lakes
falsely claimed to have constructed NCE stations or FM translator stations in accordance with FCC
construction permits, when in reality it either had failed to construct the station at all or had constructed
the station at variance from the construction permit. The Great Lakes Order cancelled four NCE
construction permits, two FM translator construction permits and three FM translator licenses, while
repeatedly noting that the character issues presented by the false certifications and misrepresentations by
Great Lakes, Dr. McCluskey and consulting engineer David Schaberg would be addressed subsequently.2
Great Lakes filed an untimely petition for reconsideration of the Great Lakes Order. In seeking
reconsideration, Great Lakes did not claim any factual or legal error in the decision. Instead, Great Lakes
argued that the public interest was not served by the cancellation of its authorizations and that Great
Lakes should be allowed to assign its authorizations to another entity.
We dismissed the petition for reconsideration on October 30, 2009.3 The Great Lakes Order
accordingly became a final order on December 10, 2009. With the filing of the license renewal
applications for the Jackson Station, the Onsted Station and the Translators, we must analyze the status of
those licenses under Section 312(g) of the Act based on the information contained in those applications
and the findings made in the Great Lakes Order.4
The Jackson Station. Great Lakes filed the Jackson Assignment Application on February 22,
2012, and then filed the Jackson Renewal Application on May 29, 2012. In each application, Great Lakes
answered “No” to the certification that neither the licensee nor any party to the application held any
interest in a broadcast application in a proceeding where character issues were left unresolved. Great
Lakes submitted an exhibit to each application citing the Great Lakes Order, and specifically the
paragraphs involving the Jackson Station.5 Paragraph 28 of the Great Lakes Order summarized our
findings with respect to the Jackson Station as follows:
Based on our investigation, we find that: (a) WJKQ never
operated from the transmitter site authorized in its construction permit or
its license; (b) [Great Lakes] falsely certified in its license application for
WJKQ that the station had been constructed in accordance with the terms
and conditions of the construction permit; (c) the grant of the WJKQ
license had become a final order prior to the filing of [an] informal
objection and complaint, which alleged operation of WJKQ from an





license application for the Onsted Station. See FCC file nos. BPED-20060913AAC and BLED-20040427AAA.
There is also a pending informal objection to the Jackson Assignment Application that will be dismissed as moot.
With respect to the Translators, the applications being dismissed are: (a) DW206AZ – file no. BRFT-20120601AEP
(license renewal application); (b) DW206BF – file nos. BLFT-20070124AJO (license application) and BRFT-
20120601AFB (license renewal application); and (c) DW220CW – (license renewal application filed as part of the
Onsted Renewal Application).
2 Great Lakes Order, 24 FCC Rcd at 8243 (¶ 12), 8245 (¶ 20), 8247 (¶ 29), 8248 (¶ 34), 8253 (¶ 49), 8254 (¶ 55),
8256 (¶ 60), 8257 (¶ 66), and 8259 (¶ 78).
3 See Great Lakes Broadcasting, Inc., Memorandum Opinion and Order, 24 FCC Rcd 13487 (MB 2009).
4 See FCC Form 303-S, Section III, Question 5 and Instructions at 9-10.
5 See FCC file no. BALED-20120222AAA, Section II, Question 5 and Ex. 7; FCC file no. BRED-20120529AGL,
Section II, Question 4 and Ex. 3. In Ex. 5 to the latter application, Great Lakes claimed that “to the best of our
knowledge and understanding [the Great Lakes Order] is not a final order,” but it provided no information to
support that claim.
2

unauthorized site; (d) after receiving the WJKQ license, [Great Lakes]
moved the station’s transmitter site without prior approval; (e) [Great
Lakes] committed multiple Rule violations in its operation of the station,
as shown in the Enforcement Bureau’s report; and (f) WJKQ may have
been off the air without Commission approval for more than a year.6
Based on the Great Lakes Order, we conclude that the Jackson Station has never operated from its
licensed transmitter site since being licensed on February 5, 2004.
In the Jackson Renewal Application, covering the 2004-12 license term, Great Lakes certified that
the Jackson Station had not been silent for any consecutive 12-month period and that the station had not
been silent (or operating for less than its prescribed minimum operating hours) for any period of more
than 30 days.7 The latter certification is inconsistent with information provided by Great Lakes that is
quoted in the Great Lakes Order concerning the Jackson Station’s operation from the unauthorized
transmitter site discovered in an Enforcement Bureau inspection on July 14, 2006:
The station operated very intermittently after that [referring to
tornado damage] (spring of 2006) and not at all after [Dr. McCluskey]
left for Texas in July of 2007. . . . WJKQ has been on the air
continuously since May 19, 2008.8
The Onsted Station. In the Onsted Renewal Application, Great Lakes answered “No” to the
certifications in Section III, Questions 5 and 6. Question 5 asks the renewal applicant to certify that the
station has not been silent (or operating for less than its prescribed minimum operating hours) for any
period of more than 30 days. Question 6 asks the renewal applicant to certify that during the preceding
license term, the station has not been silent for any consecutive 12-month period. In Exhibits 13 and 14,
Great Lakes explained that the station had been silent “pending location of new transmitter site.”9
The Translators. The Great Lakes Order finds that DW220CW was constructed at variance from
its construction permit and has never operated in accordance with the license issued on April 5, 2004.10
Similarly, that order finds that DW206BF was constructed at variance from its construction permit and
has never operated in accordance with the license issued on September 25, 2000.11 The order likewise
finds that DW206AZ was constructed at variance from its construction permit and has never operated in
accordance with the license issued on June 25, 2003.12

Discussion.

Section 301 of the Act prohibits any person from transmitting signals by radio
“except under and in accordance with this chapter and with a license . . . granted under the provisions of
this chapter.”13 Additionally, Section 312(g) of the Act provides that “if a broadcasting station fails to
transmit broadcast signals for any consecutive twelve-month period,” the station’s license expires as a


6 Great Lakes Order, 24 FCC Rcd at 8247 (¶ 28) (footnote omitted).
7 FCC file no. BRED-20120529AGL, Section III, Questions 5 and 6.
8 24 FCC Rcd at 8246.
9 See FCC file no. BRED-20120530AJS, Section III, Questions 5 and 6 and Exs. 13-14. The Onsted Renewal
Application failed to disclose the character issues presented in the Great Lakes Order, instead certifying that the
licensee and parties to the application had not had any interest in or connection with any broadcast application in any
proceeding where character issues were left unresolved. Id. at Section II, Question 2.
10 24 FCC Rcd at 8253-54 (¶¶ 50-54).
11 Id. at 8255-56 (¶¶ 56-60).
12 Id. at 8257-58 (¶¶ 72-78).
13 47 U.S.C. § 301.
3

matter of law “notwithstanding any provision, term, or condition of the license to the contrary,” and the
license is automatically forfeited.14 Reading those two provisions in context together, the Court of
Appeals for the D.C. Circuit has held that “unauthorized and unlicensed transmissions are no better than
silence” and that, in assessing a licensee’s rights under Section 312(g), “an unauthorized transmission
counts for nothing.”15 Thus, a station is subject to Section 312(g)’s license forfeiture provision if (a) the
station fails to operate for twelve consecutive months or longer, (b) the station operates with unauthorized
facilities for such a period, or (c) a combination of the prior two situations occurs for such a period.16
In this case, the Jackson Station has operated from unauthorized transmitter sites since it was
licensed more than eight years ago. Accordingly, the station’s license has expired as of February 5, 2005,
unless we were to exercise our discretion to extend or reinstate the license pursuant to Section 312(g).
We find that the exercise of such discretion is not warranted here, given the extensive history of violations
of the Act and our Rules by Great Lakes.17 Accordingly, we will dismiss all pending applications for the
Jackson Station, including the Jackson Renewal Application and the Jackson Assignment Application.
Great Lakes certified in the Onsted Renewal Application that the Onsted Station has been off the
air for more than twelve consecutive months as of May 30, 2012. Accordingly, the station’s license has
expired as of that date unless we were to exercise our discretion to extend or reinstate the license pursuant
to Section 312(g). We find that the exercise of such discretion is not warranted here, for the same reason
cited in the prior paragraph. Accordingly, we will dismiss all pending applications for the Onsted Station,
including the Onsted Renewal Application.
With respect to the Translators, in each case the Great Lakes Order shows that those stations have
never operated in accordance with their licenses. Accordingly, we find that the license for DW220CW
expired as of April 5, 2005, the license for DW206BF expired as of September 25, 2001, and the license
for DW206AZ expired as of June 25, 2004. As with the Jackson Station and the Onsted Station, we
decline to exercise our discretion to extend or reinstate the Translator licenses due to the extensive history
of violations of the Act and our Rules described above and in the Great Lakes Order. Accordingly, we
will dismiss all pending applications for the Translators.
As described above, the Jackson Renewal Application contains a certification that is inconsistent
with information provided by Great Lakes that is quoted in the Great Lakes Order. Because we are
dismissing the Jackson Renewal Application, this apparently false certification can be addressed in a
subsequent proceeding concerning the character qualifications of Great Lakes, Dr. McCluskey and Mr.
Schaberg. Likewise, the Onsted Renewal Application contains a false certification that neither the
applicant nor any party to the application has had any interest in, or connection with, any broadcast
application in any proceeding where character issues were left unresolved. Because we are dismissing the
Onsted Renewal Application, this certification similarly can be addressed in a subsequent proceeding
concerning the character qualifications of Great Lakes, Dr. McCluskey and Mr. Schaberg.


14 47 U.S.C. § 312(g)(1996). See Aerco Broadcasting Corp. v. FCC, 51 Fed. Appx. 23 (D.C. Cir. 2002) (per
curiam
) (the effect of Section 312(g) is license forfeiture). See also 47 C.F.R. § 73.1740(c). Subsequently,
Congress amended Section 312(g) by adding language giving the Commission the discretion to extend or reinstate a
license in order to, inter alia, “promote equity and fairness.” 47 U.S.C. § 312(g) (2004) (amended by Consolidated
Appropriations Act, 2005, Pub.L. No. 108-447, 118 Stat. 2809 (2004)).
15 Eagle Broadcasting Group, Ltd. v. FCC, 563 F.3d 543, 553 (D.C. Cir. 2009).
16 See Morradio, Inc., Letter, DA 12-464 (MB rel. Mar. 26, 2012); see also CWH Broadcasting, Inc., DA 12-463
(MB rel. Mar. 26, 2012).
17 See Great Lakes Order; see also Letter to Erwin G. Krasnow, Esq. (KRAM(AM), West Klamath, Oregon), 25 FCC
Rcd 1842, 1844 (MB 2010) (exercise of discretion under Section 312(g) not warranted “where for nearly four years
the Station was either silent or engaging in unauthorized operation”).
4

Conclusion/Actions.

Accordingly, for the reasons set forth above, we find that the license18 of
DWJKQ(FM), Jackson, Michigan (Facility ID No. 93649), HAS EXPIRED as of 12:01 a.m. on June 5,
2005. Accordingly, the Commission’s public and internal databases will be modified to reflect that
expiration. All authority to operate this facility IS TERMINATED and any operation of the facility must
cease immediately.
We also find that the license19 of DWAQQ(FM), Onsted, Michigan (Facility ID No. 93742), HAS
EXPIRED as of 12:01 a.m. on May 30, 2012. Accordingly, the Commission’s public and internal
databases will be modified to reflect that expiration. All authority to operate this facility IS
TERMINATED and any operation of the facility must cease immediately.
We also find that the license20 of DW220CW, Rogers Heights, Michigan (Facility ID No. 94049),
HAS EXPIRED as of 12:01 a.m. on April 5, 2005. Accordingly, the Commission’s public and internal
databases will be modified to reflect that expiration. All authority to operate this facility IS
TERMINATED and any operation of the facility must cease immediately.
We also find that the license21 of DW206BF, Rogers Heights, Michigan (Facility ID No. 94048),
HAS EXPIRED as of 12:01 a.m. on September 25, 2001. Accordingly, the Commission’s public and
internal databases will be modified to reflect that expiration. All authority to operate this facility IS
TERMINATED and any operation of the facility must cease immediately.
We also find that the license22 of DW206AZ, Fremont, Michigan (Facility ID No. 92895), HAS
EXPIRED as of 12:01 a.m. on June 25, 2004. Accordingly, the Commission’s public and internal
databases will be modified to reflect that expiration. All authority to operate this facility IS
TERMINATED and any operation of the facility must cease immediately.
Additionally, IT IS ORDERED that the applications of Great Lakes Community Broadcasting,
Inc. filed with respect to DWJKQ(FM), Jackson, Michigan, for construction permit (file no. BPED-
20060913AAC), for consent to assignment of license (file no. BALED-20120222AAA), and for renewal
of license (file no. BRED-20120529AGL), ARE DISMISSED, and all petitions to deny or informal
objections to those applications are dismissed as moot.
Additionally, IT IS ORDERED that the applications of Great Lakes Community Broadcasting,
Inc. filed with respect to DWAQQ(FM), Onsted, Michigan, for license (file no. BLED-20040427AAA)
and for license renewal (file no. BRED-20120530AJS), ARE DISMISSED, and all petitions to deny or
informal objections to those applications are dismissed as moot.
Additionally, IT IS ORDERED that the application of Great Lakes Community Broadcasting, Inc.
filed with respect to DW220CW, Rogers Heights, Michigan, for license renewal (filed as part of file no.
BRED-20120530AJS), IS DISMISSED, and all petitions to deny or informal objections to that
application are dismissed as moot.
Additionally, IT IS ORDERED that the applications of Great Lakes Broadcast Academy, Inc. filed
with respect to DW206BF, Rogers Heights, Michigan, for license (file no. BLFT-20070124AJO) and for
license renewal (file no. BRFT-20120601AFB), ARE DISMISSED, and all petitions to deny or informal
objections to those applications are dismissed as moot.


18 BLED-20030520AAA, as most recently renewed by BRED-20040520ABM.
19 BLED-20010809AAA, as most recently renewed by BRED-20040521AAA.
20 BLFT-20040217ABX.
21 BLFT-20000626AEQ, as most recently renewed by BRFT-20040525AAA.
22 BLFT-20030508ABN.
5

Additionally, IT IS ORDERED that the application of Great Lakes Community Broadcasting, Inc.
filed with respect to DW206AZ, Fremont, Michigan, for license renewal (file no. BRFT-20120601AEP),
IS DISMISSED, and all petitions to deny or informal objections to that application are dismissed as moot.
Finally, it is imperative to the safety of air navigation that any prescribed painting and illumination
of the towers for the Jackson Station, the Onsted Station and the Translators by maintained until the
towers are dismantled. Accordingly, the owner(s) of those towers where those transmitting antennas are
located is required, pursuant to Section 303(q)23 of the Act, to maintain each tower in the manner
prescribed by our Rules and the terms of each cancelled license.24
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division
Media Bureau

cc:
Jackson Lansing Catholic Radio
Dennis Kelly, Esq.
Mr. Edward Czelada


23 47 U.S.C. § 303(q).
24 See 47 C.F.R. §§ 17.1 et seq. and 73.1213. See also Streamlining the Commission’s Antenna Structure Clearance
Procedure
, Report and Order, 11 FCC Rcd 4272 (1995).
6

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