Federal Communications Commission
Washington, D.C. 20554
March 18, 2013
Released: March 18, 2013
In Reply Refer to:
CERTIFIED MAIL – RETURN RECEIPT REQUESTED
Enid Public Radio Association
114 East Broadway
Enid, Oklahoma 73701
In re: KEIF-LP, Enid, Oklahoma
Enid Public Radio Association
Facility ID No. 124554
File No. BRL-20050131AAR
Application for Renewal of License
File No. BSTA-20101018AAW
Notification of Modification of
Facilities/Request for STA
File No. BRL-20130227AHT
Application for Renewal of License
Notification of License Expiration and
Deletion of Call Letters
In this Order, we rescind the conditional grant of renewal of the license of Enid Public Radio
Association (“Licensee”) for low-power FM radio station KEIF-LP, Enid, Oklahoma (“Station”), based
upon Licensee’s failure to comply with the conditions of its license renewal set forth in the Memorandum
Opinion and Order and Notice of Apparent Liability for Forfeiture released July 13, 2010.1
. In the KEIF Renewal Order, the Media Bureau (“Bureau”) issued a Notice of
Apparent Liability for Forfeiture (“NAL”) in the amount of ten thousand dollars ($10,000) to Licensee for
willfully violating Sections 73.503(d) and 73.811 of the Rules,2 as well as Section 399B of the
1 Enid Public Radio Association
, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture,
25 FCC Rcd 9138 (MB 2010) (“KEIF Renewal Order”). The Station’s license renewal application was
conditionally granted for a period of six years from expiration of Station’s prior license. 25 FCC Rcd at 9145-46.
2 47 C.F.R. §§ 73.503(d), 73.811.
Communications Act.3 As noted in the KEIF Renewal Order, Chisholm Trail Broadcasting Co.
(“Chisholm Trail”), in its petition to deny Licensee’s renewal application,4 demonstrated that Licensee
was operating with an antenna higher than authorized, and further that Licensee was willfully and
repeatedly broadcasting unauthorized commercial announcements, in violation of the Commission’s
enhanced underwriting rules.5 A copy of the KEIF Renewal Order was sent to Licensee on or about July
13, 2010, by Certified Mail, Return Receipt Requested. The Return Receipt was signed by Carol Clark
on July 23, 2010. Licensee filed no response to the KEIF Renewal Order.
The KEIF Renewal Order also granted Licensee’s application for renewal of the Station license,
for a period of six years from June 1, 2005. However, the renewal was conditioned on Licensee’s filing,
within 90 days of the date of the KEIF Renewal Order, a report demonstrating that the Station antenna
had been lowered to its authorized height of 33 meters above average terrain. The KEIF Renewal Order
also directed the Licensee to submit operating logs indicating that the Station is otherwise operating in
compliance with its authorization and all applicable Commission technical rules. Grant of license
renewal was further conditioned on Licensee’s filing with the Media Bureau, Audio Division, 180 days
from the date of the KEIF Renewal Order, and every 180 days thereafter until grant of the Station’s next
license renewal, a report containing (a) a list of all program underwriters and other persons or entities
whose donations, payments, or contributions have been acknowledged on-air during the 180-day period
of the report; (b) a list of the times and dates of all on-air announcements acknowledging donations,
program underwriting, or other receipts of goods, services, or other consideration by Licensee; (c) the text
of all on-air announcements listed in response to item (b); and (d) operating logs indicating that the
Station has been operating at all times in compliance with its authorization and all applicable Commission
To date, Licensee has submitted none of the reports upon the filing of which grant of renewal of
the Station license was conditioned.7 On October 18, 2010, Licensee requested Special Temporary
Authorization (“STA”) to operate with temporary antenna facilities following a lightning strike to its
existing facilities.8 As part of the request for STA, Licensee acknowledged that the KEIF Renewal Order
directed it to “lower [its] antenna to 33 meters to be in compliance with the license.” After detailing
difficulties with complying with its license at the authorized coordinates, Licensee stated that it found an
apparently suitable tower, but its current facilities were damaged before it could prepare to move to the
new site. The STA that was granted to Licensee on October 19, 2010, was for a temporary antenna on the
new tower Licensee identified, at reduced power.9 Licensee stated in its October 18, 2010, STA request
that it “will follow with a construction permit (sic) to permanently be licensed at this new location.”
Although STA for the Station expired on April 19, 2011, Licensee never filed an application for
3 47 U.S.C. § 399B.
4 File No. BRL-20050131AAR.
KEIF Renewal Order, 25 FCC Rcd at 9139.
. at 9145-46.
7 On April 8, 2011, the Media Bureau released a Forfeiture Order, noting that Licensee had not responded to the
KEIF Renewal Order, and therefore ordering a forfeiture in the full amount of $10,000. Enid Public Radio
, Forfeiture Order, 26 FCC Rcd 5205 (MB 2011).
8 File No. BSTA-20101018AAW.
9 Norman S. Clark
, Letter (MB Oct. 19, 2010).
modification to its licensed facilities, nor did it request further STA. On February 27, 2013, Licensee
filed an application for renewal of its license,10 which was to have been filed no later than June 1, 2011.
. Licensee, as indicated above, has failed to file any reports with the Bureau, and the
renewal of the Station license was expressly conditioned upon the timely filing of the specified reports.
We are not aware of any reason for Licensee’s failure to comply with the reporting conditions attached to
the Station license renewal. Further, Licensee failed either to request extension of STA to operate with
reduced facilities, or to apply for modification of its license to operate with new facilities. Finally,
Licensee failed timely to file an application for renewal of its conditionally renewed license by June 1,
2011. For these reasons, and based on the information before us, we hereby rescind the conditional grant
of renewal of the Station license set forth in the KEIF Renewal Order.11
. Accordingly, IT IS ORDERED, pursuant to Sections 301 and 309(k) of the
Communications Act of 1934, as amended, and Section 0.283 of the Commission’s Rules,12 that the
conditional grant of renewal of the license of station KEIF-LP, Enid, Oklahoma, IS HEREBY
RESCINDED. The Commission's public and internal databases will be modified to indicate that the
broadcast license for the referenced station13 EXPIRED as a matter of law, at 12:01 a.m. on June 1, 2011,
and WE HEREBY DELETE the Station's call sign KEIF-LP. Additionally, WE HEREBY DISMISS as
moot the Station’s pending application for Renewal of License.14
Finally, we note that it is imperative to the safety of air navigation that any prescribed painting
and illumination of the station's tower be maintained until the tower is dismantled. Accordingly, the
owner of the tower where the referenced station's transmitting antenna is located is required, pursuant to
Section 303(q) of the Act, to maintain the tower in the manner prescribed by our rules and the terms of
the cancelled license.15
Peter H. Doyle
Chief, Audio Division
Andrew S. Kersting, Esq.
(Counsel for Chisholm Trail Broadcasting Co.)
10 File No. BRL-20130227AHT.
11 See Glendale Electronics, Inc.
, Memorandum Opinion and Order, 19 FCC Rcd 2540, 2544 (2004) (“[A] license
that cancels for failure to satisfy a license condition is not revoked and does not trigger a hearing requirement.”).
12 47 U.S.C. §§ 301, 309(k); 47 C.F.R. § 0.283.
13 BLL-20021114ABH, as most recently renewed by BRL-20050131AAR.
14 File No. BRL-20130227AHT.
47 U.S.C. §303(q). See also
47 C.F.R. §§ 17.1 et seq
. and 73.1213; Streamlining the Commission’s Antenna
Structure Clearance Procedure
, WT Docket No. 95-5, 11 FCC Rcd 4272 (1995).