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Radio Power, Inc.

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Released: February 10, 2012

FEDERAL COMMUNICATIONS COMMISSION

Media Bureau
Audio Division
445 12th Street, S.W.
Washington, D.C. 20554

February 10, 2012

DA 12-185
In Reply Refer to:
1800B3-MFW/JDB/RG
Released: February 10, 2012

VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Radio Power, Inc.
Suite 222
955 South Virginia Street
Reno, NV 89502
Re:
W250BN, West Allis, WI
Facility ID No. 155293
File Nos. BPFT-20100211AAT, BLFT-
20100524AFC, BPFT-20100601AEI,
BLFT-20100915ABU, BPFT-
20100922ACE, BLFT-20110103ACO,
BPFT-20110113AAP, BLFT-
20110407AAT, BPFT-20110408ACJ,
BLFT-20111020AHM, and BPFT-
20111021ADL
Dear Licensee:
The Media Bureau is investigating potential statutory and rule violations and related
instances of potential misrepresentation and/or lack of candor on the part of Radio Power, Inc.
(the “Licensee”). Specifically, it is alleged that the Licensee abused Commission processes by
effectuating a major change in the facilities of Station W250BN, now licensed to West Allis,
Wisconsin, by a succession of serial minor change applications. We direct the Licensee, pursuant
to Sections 4(i), 4(j), 308(b) and 403 of the Communications Act of 1934, as amended,1 to
provide responses to the following inquiries, within thirty (30) calendar days from the date of this
letter. The Licensee may supplement its responses with additional relevant information pursuant
to Sections 1.17 and 1.88 of the Commission’s Rules (the “Rules”).2


1 47 U.S.C. §§ 154(i), 154(j), 308(b), and 403.
2 47 C.F.R. §§ 1.17, 1.88.

Radio Power, Inc.
February 10, 2012
Page 2 of 6
Instructions
If the Licensee requests that any information or Documents, as defined herein, responsive
to this letter be treated in a confidential manner, the Licensee shall submit, along with all
responsive information and Documents, a statement in accordance with Section 0.459 of the
Rules.3 Requests for confidential treatment must comply with the requirements of Section 0.459
of the Rules, including the standards of specificity mandated by Section 0.459(b). Accordingly,
“blanket” requests for confidentiality of a large set of documents are unacceptable. Pursuant to
Section 0.459(c) of the Rules, the Bureau will not consider requests that do not comply with the
requirements of Section 0.459.
If the Licensee withholds any information or Documents under claim of privilege, the
Licensee shall submit, together with any claim of privilege, a schedule of the items withheld that
states, individually as to each such item, the numbered inquiry to which each item responds and
the type, title, specific subject matter, and date of the item; the names, addresses, positions, and
organizations of all authors and recipients of the item; and the specific ground(s) for claiming that
the item is privileged.
Each requested Document, as defined herein, shall be submitted in its entirety, even if
only a portion of that Document is responsive to an inquiry made herein, unless the Document is
a recording or transcript, in which case it should be provided only for the period of time of the
broadcast specified in the pertinent inquiry herein. This means that the Document shall not be
edited, cut, or expunged, and shall include all appendices, tables, or other attachments, and all
other Documents referred to in the Document or attachments. All written materials necessary to
understand any Document responsive to these inquiries must also be submitted.
If a Document responsive to any inquiry made herein existed but is no longer available,
or if the Licensee is unable for any reason to produce a Document responsive to any inquiry,
identify each such Document by author, recipient, date, title, and specific subject matter, and
explain fully why the Document is no longer available or why the Licensee is otherwise unable to
produce it.
With respect only to Documents responsive to the specific inquiries made herein and any
other Documents relevant to those inquiries, the Licensee is directed to retain the originals of
those Documents for twelve (12) months from the date of this letter unless the Licensee is
directed or informed by the Media Bureau in writing to retain such Documents for some shorter
or longer period of time.
The specific inquiries made herein are continuing in nature. The Licensee is required to
produce in the future any and all Documents and information that are responsive to the inquiries
made herein but not initially produced at the time, date and place specified herein. In this regard,
the Licensee must supplement its responses (a) if the Licensee learns that, in some material
respect, the Documents and information initially disclosed were incomplete or incorrect or (b) if
additional responsive Documents or information are acquired by or become known to the
Licensee after the initial production. The requirement to update the record will continue for
twelve (12) months from the date of this letter unless the Licensee is directed or informed by the


3 47 C.F.R. § 0.459.

Radio Power, Inc.
February 10, 2012
Page 3 of 6
Media Bureau in writing that the Licensee’s obligation to update the record will continue for
some shorter or longer period of time.
For each Document or statement submitted in response to the inquiries below, indicate,
by number, to which inquiry it is responsive and identify the person(s) from whose files the
Document was retrieved. If any Document is not dated, state the date on which it was prepared.
If any Document does not identify its author(s) or recipient(s), state, if known, the name(s) of the
author(s) or recipient(s). The Licensee must identify with reasonable specificity all Documents
provided in response to these inquiries.
Unless otherwise indicated, the period of time covered by these inquiries is January 1,
2010, to the present.
Definitions
For purposes of this letter, the following definitions apply:
“Any” shall be construed to include the word “all,” and the word “all” shall be construed
to include the word “any.” Additionally, the word “or” shall be construed to include the word
“and,” and the word “and” shall be construed to include the word “or.” The word “each” shall be
construed to include the word “every,” and the word “every” shall be construed to include the
word “each.”
“Broadcast,” when used as noun, shall mean any images or audible sounds or language
transmitted or disseminated over a station during the course of a television broadcast.
“Broadcast,” when used as a verb, shall mean the transmission or dissemination of radio
communications intended to be received by the public. The verb “broadcast” may be used
interchangeably with the verb “air.”
“Document” shall mean the complete original (or in lieu thereof, exact copies of the
original) and any non-identical copy (whether different from the original because of notations on
the copy or otherwise), regardless of origin or location, of any taped, recorded, transcribed,
written, typed, printed, filmed, punched, computer-stored, or graphic matter of every type and
description, however and by whomever prepared, produced, disseminated, or made, including but
not limited to any broadcast, radio or television program, advertisement, book, pamphlet,
periodical, contract, correspondence, letter, facsimile, e-mail, file, invoice, memorandum, note,
telegram, report, record, handwritten note, working paper, routing slip, chart, graph, photograph,
paper, index, map, tabulation, manual, guide, outline, script, abstract, history, calendar, diary,
agenda, minutes, marketing plan, research paper, preliminary drafts, or versions of all of the
above, and computer material (print-outs, cards, magnetic or electronic tapes, disks and such
codes or instructions as will transform such computer materials into easily understandable form).
“Facility” or “Facilities,” when capitalized, shall refer to Station operation authorized by
granted minor modification construction permit and license applications, as follows:
·
“Facility 1” shall mean the Station operation authorized by the grant of
BPFT-20100211AAT and BLFT-20100524AFC

Radio Power, Inc.
February 10, 2012
Page 4 of 6
·
“Facility 2” shall mean the Station operation authorized by the grant of
BPFT-20100601AEI and BLFT-20100915ABU
·
“Facility 3” shall mean the Station operation authorized by the grant of
BPFT-20100922ACE and BLFT-20110103ACO
·
“Facility 4” shall mean the Station operation authorized by the grant of
BPFT-20110113AAP and BLFT-20110407AAT
·
“Facility 5” shall mean the Station operation authorized by the grant of
BPFT-20110408ACJ and BLFT-20111020AHM
“Licensee” shall mean Radio Power, Inc. and any predecessor-in-interest, affiliate,
parent company, wholly or partially owned subsidiary, other affiliated company or business, and
all owners, including but not limited to, partners or principals, and all directors, officers,
employees, or agents, including consultants and any other persons working for or on behalf of the
foregoing at any time during the period covered by this letter.
“Station” shall mean Station W250BN, Facility ID No. 155293.
Inquiries: Documents and Information to be Provided
1. State whether, at the time the Licensee filed the FCC Form 349 for each of the
following Facilities, the Licensee had “a reasonable assurance that the specified site”
would be available for its intended use (FCC Form 349, Instruction L). If the answer
is “no” for any Facility or application, provide an explanation for submitting the
application(s) absent the requisite reasonable assurance.
(a) Facility 1
(b) Facility 2
(c) Facility 3
(d) Facility 4
(e) Facility 5
(f) Application No. BPFT-20111021ADL.
2. Provide a copy of all Documents relating to the securing of reasonable assurance of
site availability for each of the Facilities and applications specified in Inquiry 1,
including copies of all leases, records relating to the preparation and filing of the
pertinent minor modification applications and any amendment(s) to those
applications, telephone records, invoices, bills, checks written or received, credit card
charges, wire transfers or deposits of funds relating to the reasonable assurance of
site availability.
(a) For each Facility, provide the name and contact information of the owner (or
owner’s agent) with whom the Licensee reached agreement on the use of the
specified site.
3. State the precise length of time during which the Licensee broadcast with each of the
following Facilities. For each Facility, state the date and time on which operation
commenced and ceased.
(a) Facility 1
(b) Facility 2

Radio Power, Inc.
February 10, 2012
Page 5 of 6
(c) Facility 3
(d) Facility 4
(e) Facility 5
4. Provide a copy of all Documents relating to the Station’s operation for each of the
Facilities specified in Inquiry 3, including copies of all leases, personnel records,
engineering records, program logs, invoices, bills, checks written or received, credit
card charges, wire transfers or deposits of funds relating to the Station’s period(s) of
operation.
5. State the primary station that was rebroadcast by the Station and provide evidence of
the primary station’s consent to such rebroadcast for each of the following Facilities.
(a) Facility 1
(b) Facility 2
(c) Facility 3
(d) Facility 4
(e) Facility 5
6. State the precise length of time during which the Station was silent for any period of
more than 30 days for each of the following Facilities. For each instance in which
the Station was silent for more than 30 days, provide: (1) the reason(s) for such silent
period; and (2) an explanation for any failure to notify the Commission of the
Station’s silence.
(a) Facility 1
(b) Facility 2
(c) Facility 3
(d) Facility 4
(e) Facility 5
7. State the community which Licensee ultimately intends to serve and the primary
station it intends to rebroadcast with the Station.
8
Provide a copy of all Documents relating to the relocation of the Station from its
original community of license (Beloit, Wisconsin) to the community specified in the
response to Inquiry 7 or any community other than Beloit, Wisconsin, including any
correspondence, memoranda, engineering studies, or other documentation..

9. Provide a copy of all Documents not previously requested that provide the basis for
or otherwise support the responses to Inquiries 1-8, above.

The response should be organized and appropriately numbered to reflect the specific
inquiry for which each responsive item is prepared. Additionally, we direct the Licensee to
support its response with an affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer with personal knowledge of the representations provided in the Licensee’s
response, verifying the truth and accuracy of the information therein and that all of the
information and/or recordings requested by this letter which are in the Licensee’s possession,
custody, control or knowledge have been produced. If multiple Licensee employees contribute to

Radio Power, Inc.
February 10, 2012
Page 6 of 6
the response, in addition to such general affidavit or declaration of the authorized officer of the
Licensee noted above, if such officer (or any other affiant or declarant) is relying on the personal
knowledge of any other individual, rather than his or her own knowledge, provide separate
affidavits or declarations of each such individual with personal knowledge that identify clearly to
which responses the affiant or declarant with such personal knowledge is attesting. All such
declarations provided must comply with Section 1.16 of the Rules,4 and be substantially in the
form set forth therein. To knowingly and willfully make any false statement or conceal any
material fact in reply to this inquiry is punishable by fine or imprisonment.5 Failure to respond
appropriately to this Media Bureau letter of inquiry may constitute a violation of the
Communications Act and the Commission’s Rules.6
The Licensee shall direct its response, if by messenger, hand delivery, or U.S. Mail, to
Tom Hutton, Audio Division, Media Bureau, Federal Communications Commission, 445 12th
Street, S.W., Room 2-A262, Washington, D.C. 20554; and to James Bradshaw, Audio Division,
Media Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 2-A264,
Washington, D.C. 20554, and Robert Gates, Audio Division, Media Bureau, Federal
Communications Commission, Room 2-A104, Washington, DC 20554.
Sincerely,
Peter H. Doyle
Chief, Audio Division
Media Bureau
cc:
(Via Certified Mail, Return Receipt Requested)

David G. O’Neil, Esq.
Rini & Coran, P.C.
Suite 600
1140 19th Street, N.W.
Washington, DC 20036

Lauren A. Colby, Esq.
10 East Fourth Street
P.O. Box 113
Frederick, MD 21701
Enclosure (Exhibit A)


4 47 C.F.R. § 1.16.
5 See 18 U.S.C. § 1001; see also 47 C.F.R. § 1.17.
6 See SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589 (2002); Globcom, Inc., Notice of
Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, n. 36 (2003); World Communications
Satellite Systems, Inc.
, Forfeiture Order, 19 FCC Rcd 2718 (Enf. Bur. 2004); Donald W. Kaminski, Jr.,
Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur. 2003).

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