*Pages 1--3 from Microsoft Word - 22127.doc* Federal Communications Commission DA 02- 2482 1 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Request for Extension of Time to Construct Digital Facilities WTJP- DT, Gadsden, Alabama, et al. ) ) ) ) ) ) ) ) ) File No. BEPCDT- 20020304ADG ID No. 1002 MEMORANDUM OPINION AND ORDER Adopted: October 15, 2002 Released: October 16, 2002 By the Chief, Media Bureau: 1. The Media Bureau (the “Bureau”) has before it a petition for reconsideration filed by Trinity Christian Center of Santa Ana, Inc. and its affiliated licensees 1 (“ Trinity”) seeking reconsideration of the Bureau’s letter of June 3, 2002, denying its request for an extension of time to construct digital television facilities and admonishing Trinity for failing to meet the May 1, 2002, construction deadline for DTV facilities. For the reasons stated below, we deny the petition. 2. In its petition, Trinity argues that the Bureau failed to provide due process by not giving adequate notice of its intent to impose admonishments on those parties who failed to meet the DTV construction deadline. Admonishment is not an unusual or excessively punitive remedy, but rather is a penalty regularly imposed in a variety of contexts for failure to abide by Commission requirements. 2 In this context, Trinity failed to comply with a Commission imposed build- out requirement. Its apparent expectation that it would be permitted to do so without ramifications was baseless and mistaken. As a result, Trinity’s contention that it was denied “due process” when it received an admonishment for failure to comply with the build- out requirement is without merit. Trinity should note, however, that if it continues to miss deadlines imposed by the Commission on its DTV build out, it will be subject to additional sanctions. 7. ACCORDINGLY, IT IS ORDERED, THAT the petition for reconsideration filed by Trinity Christian Center of Santa Ana, Inc. and its affiliated licensees seeking reconsideration of the 1 A complete list of the stations licensed to Trinity and its sister companies is attached as Exhibit 1. 2 See, e. g., Davidson County Broadcasting, 12 FCC Rcd 3375 (1997)( failure to comply with EEO rules); Rainbow Broadcasting, 14 FCC Rcd 11099 (1999)( failure to obtain Commission consent prior to replacing authorized antenna); Black Media Broadcasting, 16 FCC Rcd 3374 (2001)( broadcast of commercials on noncommercial station). 1 Federal Communications Commission DA 02- 2482 2 Bureau’s letter of June 3, 2002, which denied Trinity’s request for an extension of time to construct digital television facilities and admonished Trinity for failure to meet the May 1, 2002, construction deadline for digital television facilities, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Media Bureau 2 Federal Communications Commission DA 02- 2482 3 EXHIBIT 1 Trinity Christian Center of Santa Ana, Inc. Station Location Facility ID File No. WTJP- DT Gadsden, AL 1002 BEPCDT- 20020304ADG WMPV- DT Mobile, AL 60827 BEPCDT- 20020304AEC WMCF- DT Montgomery, AL 60829 BEPCDT- 20020304ADJ WHSG- DT Monroe, GA 68058 BEPCDT- 20020304AFZ KAAH- DT Honolulu, HI 3246 BEPCDT- 20020304AGK WWTO- DT LaSalle, IL 998 BEPCDT- 20020304ADW WBUY- DT Holly Springs, MS 60830 BEPCDT- 20020304ADQ KTAJ- DT St. Joseph, MO 999 BEPCDT- 20020304ADP KNAT- DT Albuquerque, NM 993 BEPCDT- 20020304ADZ WDLI- DT Canton, OH 67893 BEPCDT- 20020304ADE KDOR- DT Bartlesville, OK 1005 BEPCDT- 20020304ADS WPGD- DT Hendersonville, TN 60820 BEPCDT- 20020304ADH Trinity Broadcasting of Arizona, Inc. KPAZ- DT Phoenix, AZ 67868 BEPCDT- 20020304AGL Trinity Broadcasting of Florida, Inc. WHFT- DT Miami, FL 67971 BEPCDT- 20020304AGM Trinity Broadcasting of Indiana, Inc. WKOI- DT Richmond, IN 67869 BEPCDT- 20020304AGP WCLJ- DT Bloomington, IN 68007 BEPCDT- 20020304ACQ Trinity Broadcasting of New York, Inc. WTBY- DT Poughkeepsie, NY 67993 BEPCDT- 20020304AGT Trinity Broadcasting of Oklahoma City, Inc. KTBO- DT Oklahoma City, OK 67999 BEPCDT- 20020304AGU Trinity Broadcasting of Texas, Inc. KDTX- DT Dallas, TX 67910 BEPCDT- 20020304AGV 3