-------------------- Marty When I was born, I was granted a visitors pass to earth. I will enjoy everyday until it has expired. You should too ;) Posts: 1740 | From: NJ, USA | Registered: Oct 2004
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Before the Federal Communications Commission Washington, D.C. 20554
In the Matter of ) ) Washington Broadcast Management Co., Inc. ) ) Former Licensee, KBRO(AM) ) Bremerton, Washington ) ) For a Forfeiture )
FORFEITURE ORDER
Adopted: June 23, 1999 Released: June 24, 1999
By the Chief, Mass Media Bureau:
1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to authority delegated by Section 0.283 of the Commission's Rules, has before it: (1) a Notice of Apparent Liability ("NAL"), released on December 16, 1998, to Washington Broadcast Management Co., Inc. ("WBM") for willful and repeated violations of the Communications Act and the Commission's rules with respect to the operation of Station KBRO(AM), Bremerton, Washington; and (2) a response ("Response") submitted by Fred Lundgren ("Lundgren"), which was received on February 8, 1999. In the NAL, we concluded that WBM apparently violated Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. 310(d), and Section 73.3540 of the Commission's Rules by transferring control of the station's license without prior Commission authorization. We also concluded that WBM apparently violated Section 73.1125 of the Commission's Rules by failing to have a meaningful managerial and staff presence at the station's main studio.
2. The NAL proposed a forfeiture of $8,000 for the unauthorized transfer of control and $7,000 for the violation of the main studio rule. Lundgren seeks a rescission of the forfeiture. For the reasons that follow, we conclude that rescission is not appropriate and that the forfeiture imposed on WBM should remain at $15,000.
Background
3. We issued the NAL because written submissions to the Commission revealed that Lundgren and Jerome Friemel ("Friemel"), the persons who legally controlled WBM, sold without prior Commission authorization all of their stock to Triangle on December 17, 1997. Consistent with this action, Lundgren resigned as president of WBM and was replaced by Frank Olsen ("Olsen"), Triangle's president. Thereafter, at least up to the date of the NAL, it appeared that Olsen continued to act as WBM's president, and, as such, exercised operating control over the station.
4. In addition, we concluded that, beginning February 12, 1998, and continuing at least up to the date of the NAL, WBM did not have a meaningful managerial and staff presence at the station's main studio. Our conclusion was based on Lundgren's response to our letter of inquiry ("LOI"). That response indicated that WBM's only management personnel at KBRO(AM) also had similar responsibilities at KNTB(AM), the main studio of which was some 30 miles away. Lundgren's response also related that a receptionist who greeted visitors to the main studio was not paid by WBM but was a paid employee of the lessor of the building in which the KBRO main studio was located.
Discussion
5. Unauthorized Transfer of Control. In the Response, Lundgren contends that a WBM attorney, Ben Duncan, Esq. ("Duncan"), maintained control over WBM stock transfers and never relinquished control to Olsen. Lundgren supports his position with a letter dated January 22, 1999, from Duncan who asserts that the WBM/Triangle contract was never fulfilled and that the assets and control of WBM were never transferred to Triangle. Lundgren also disputes that he admitted in his LOI response to having illegally transferred ownership and control of WBM to Triangle. Rather, Lundgren argues that he did no more than acknowledge that he resigned as WBM's president and that Olsen replaced him. Finally, Lundgren cites to a record of his telephone contacts with respect to the station (and KNTB(AM)) in 1998 as evidence that he never ceded control of the station to Triangle.
6. Lundgren's arguments are not persuasive. In his LOI response, Lundgren acknowledged not only his resignation as WBM's president but also the resignation of the entire WBM board as a consequence of the December 17, 1997, agreement between WBM and Triangle. In addition, Lundgren's LOI response admitted that: (1) Triangle "has supplied continuous programming to these WBM owned stations;" (2) Olsen and Carlos Tynes, Triangle's program director, make programming decisions; (3) Olsen and Rene Schenk, Triangle's comptroller, together with two WBM employees, handle the finances of the station; and (4) Olsen hires and fires personnel. Consistent with this information, Olsen's LOI response contained the unequivocal statement: "At the present time [September 1998] Triangle Broadcasting Company owns 100% of stock in Washington Broadcast Management Company." In short, the LOI responses made it plain that, prior to Commission authorization, Triangle, a new entity, had taken legal control of WBM as well as control over the day-to-day operation of the station from Lundgren and Friemel. To the extent Lundgren remained involved with the station, he did so only as an employee of Triangle in accordance with the December 18, 1997, employment contract that he and Olsen signed. Moreover, we can ascribe little value to the log of telephone calls made by Lundgren. The great majority of those calls were to Triangle's office in Palm Springs, California. Lundgren does not explain how a log of such calls demonstrates Lundgren's control over a station located in Washington. Accordingly, we conclude there is no basis for rescinding this aspect of the NAL, nor is there any basis for reducing the $8,000 forfeiture for the unauthorized transfer of control..
7. Main Studio. Lundgren's Response includes a letter from Timothy C. Mauch ("Mauch"), who addresses the NAL's conclusion that KBRO(AM) apparently was in violation of the staffing aspect of the main studio rule. Initially, Mauch identifies himself as the station's chief operator and de facto general manager. Mauch disputes the NAL's conclusion that because he and WBM's business manager, Chris Handley ("Handley"), "float" between the KBRO(AM) and KNTB(AM) main studios, neither had an adequate management presence. Rather, he contends that the Commission should find that the two spent sufficient time at both and thereby conclude that no violation occurred. In this regard, Mauch relates that, in addition to being on call 24 hours a day, seven days a week, he worked a standard five-day work week. However, Mauch does not state where his office or offices were nor how much time he spent at those locations. Mauch further states that, in any event, since October 30, 1998, there has been only one main studio site for both stations and that he uses that site as his home base of operations. With respect to the NAL's findings concerning the station's receptionist, Mauch does not contest that the individual is paid by the lessor of the building. However, he asserts that WBM trained the individual to greet the public and answer questions and that the cost of employing the individual is shared by several businesses and added to the monthly rental fee paid to the property owner each month. Moreover, he contends that the receptionist's performance is a prerequisite of WBM's pro rata payment of the receptionist's wages through payment of the rental surcharge. In Mauch's view, the situation with respect to the employment of the receptionist is similar to the one found acceptable in W-Air, Inc., 11 FCC Rcd 9434 (MMB 1996). In that case we found that the former licensee had complied with the full-time staff presence requirement of the main studio rule where it had employed a book store owner, who shared a common entrance with the station, greeted visitors and attended to the business of the main studio during normal business hours.
8. Having carefully considered the foregoing, we conclude that Lundgren has resolved some, but not all, of the concerns we had about the staffing of the main studio. Specifically, it appears that, after October 30, 1998, at least two management personnel have been available at the KBRO(AM) main studio during the normal business hours. Thus, from that date forward, we conclude that no violation of the rule has occurred. However, prior to that time, it appears that KBRO(AM)'s main studio was attended, if at all, only by a receptionist, not a management-level employee. There is nothing before us to show that Mauch and/or Handley (or any other management-level person) maintained a presence at the station's main studio between February 12, 1998 and October 30, 1998. Therefore, even if we consider the receptionist a KBRO(AM) employee for purposes of staffing, we are constrained to find that the main studio periodically was left unattended by management-level staff during that period. We thus conclude that violations of the staffing aspect of the main studio rule occurred and that there is no basis for rescinding or reducing the forfeiture proposed in the NAL. See KLDT-TV 55, Inc., 10 FCC Rcd 3198 (1995); KQQK, Inc., 10 FCC Rcd 132 (MMB 1994). See also, W-Air, Inc., supra, where the forfeiture was rescinded because the former licensee established that it had maintained both a management and full-time staff presence at the station's main studio during normal business hours.
9. Accordingly, IT IS ORDERED, that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), Washington Broadcast Management Co., Inc. FORFEIT to the United States the sum of fifteen thousand dollars ($15,000) for willful and repeated violations of Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. 310(d), and Sections 73.1125 and 73.3540 of the Commission's Rules, 47 C.F.R. 73.1125 and 73.3540. Payment of the forfeiture may be made by mailing to the Commission a check or similar instrument payable to the Federal Communications Commission in accordance with the instructions included with this Forfeiture Order.
10. IT IS FURTHER ORDERED, that a copy of this Forfeiture Order be sent by Certified Mail - Return Receipt Requested to Washington Broadcast Management Co., Inc.
FEDERAL COMMUNICATIONS COMMISSION
Roy J. Stewart Chief, Mass Media Bureau
-------------------- Dont buy or sell on my opinions, do your research. Make sure you know what you are buying before you buy.
This is a non reporting pink sheet with very high risk. From high risk comes high rewards. Dont invest more then you can afford to lose. Posts: 4801 | From: Prescott, ON, Canada | Registered: May 2004
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-------------------- Dont buy or sell on my opinions, do your research. Make sure you know what you are buying before you buy.
This is a non reporting pink sheet with very high risk. From high risk comes high rewards. Dont invest more then you can afford to lose. Posts: 4801 | From: Prescott, ON, Canada | Registered: May 2004
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posted
Hello all, Fairly new to stocks and qbid, but can appreciate the great potential that this company has. Have learned a great deal about the company from the great d and d posted.
In respect to Satellite Radio, Sirius has a gay programming channel but XM doesn't at this time.
I have requested from XM that they provide a gay programming channel and they replied that they would forward my request to their pragramming department...
This may be another avenue to explore...
regards to dishnetwork...they left the door open that they were still negotiating...
Dear Mr. Txxx,
Thank you for your email. I apologize for the delay in response to your inquiry. At this time, specific information regarding QTV is not available. While we have had numerous requests for this network, it has not yet been added to our programming lineup. While we have had numerous requests for this network, it has not yet been added to our programming lineup. Please continue to visit our website or tune into the Charlie Chat (each month on channel 101) for updates as they become available. We apologize that we cannot provide you with more specific details.
Your business is greatly appreciated and we thank you for allowing us to be of assistance to you. If you have any further questions or concerns, please refer to www.dishnetwork.com or reply to this email.
Sincerely,
Erika P.
DISH Network e-Care
-------------------- Not flying the Space Shuttle Posts: 9 | From: Washington State | Registered: Jul 2005
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-------------------- Marty When I was born, I was granted a visitors pass to earth. I will enjoy everyday until it has expired. You should too ;) Posts: 1740 | From: NJ, USA | Registered: Oct 2004
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posted
Bottomliner - Website has been shut down all day. They're have technical difficulties. Oh well for them. Matt
Posts: 1504 | Registered: Sep 2004
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quote:Originally posted by permanentjaun: Bottomliner - Website has been shut down all day. They're have technical difficulties. Oh well for them. Matt
Thanks, Matt. I thought firefly meant that something "nasty" and interesting was going on. But it appears to be just a nasty technical problem.
-------------------- Everything I say is only my opinion ... right or wrong. Posts: 2152 | From: Ohio | Registered: Sep 2004
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posted
OK here we go. I have been with QBID for over a year now and I am long...2.6 million shares and tempted to buy at these levels. I tell my friends to get into this stock and they think that it will help me make money. The long and short of it is I don't want to be rich without them.You can either buy this stock and come to Vegas for the party, or you can drive the limo.The way I see it is if this was a scam or a boiler room operation why in the world would they actually launch a ntwk and spend all of this money. Qbid holding the rights to the gay games in my opinion is huge...here is a community of people who are hungry to be recognized, and as odd as it may seem to a straight person to be awarded a medal in such an arena as the gay olympics, they will view it as a major acomplishment and just the beginning . In the near future in Chicago more gay people will converge upon a city than anyone ever has witnessed in recent years and finally for the first time in our lifetime this community will get the recognition it deserves.This equates to millions of dollars in advertising revenue that we need to get this stock moving upward. On the other side of the coin I hope that Frank and crew are not messing with us because I am a big believer in karma and know that it will win out in the end...GOOD LUCK TO ALL OF US, I HOPE THIS IS FOR REAL!!!!!!!!!
-------------------- HANK Posts: 2 | From: NEW YORK CITY | Registered: Sep 2005
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posted
I am pretty excited about tomorrow's call. I hope that we all hear what we want to hear!! I think it is safe to say that good or bad, the fur will be flying by this time tomorrow night!
-------------------- I just want to make enough money to be eccentric. Posts: 2412 | From: Atlanta | Registered: Aug 2005
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quote:Originally posted by HANK KEMP: OK here we go. I have been with QBID for over a year now and I am long...2.6 million shares and tempted to buy at these levels. I tell my friends to get into this stock and they think that it will help me make money. The long and short of it is I don't want to be rich without them.You can either buy this stock and come to Vegas for the party, or you can drive the limo.The way I see it is if this was a scam or a boiler room operation why in the world would they actually launch a ntwk and spend all of this money. Qbid holding the rights to the gay games in my opinion is huge...here is a community of people who are hungry to be recognized, and as odd as it may seem to a straight person to be awarded a medal in such an arena as the gay olympics, they will view it as a major acomplishment and just the beginning . In the near future in Chicago more gay people will converge upon a city than anyone ever has witnessed in recent years and finally for the first time in our lifetime this community will get the recognition it deserves.This equates to millions of dollars in advertising revenue that we need to get this stock moving upward. On the other side of the coin I hope that Frank and crew are not messing with us because I am a big believer in karma and know that it will win out in the end...GOOD LUCK TO ALL OF US, I HOPE THIS IS FOR REAL!!!!!!!!!
Welcome Hank. I have faith that this will pay off one day. QTN has made too much progress for the PPS to stay down here much longer.
Just my opinion...
-------------------- Sam Posts: 291 | From: San Diego, CA | Registered: Sep 2005
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quote:Originally posted by HANK KEMP: OK here we go. I have been with QBID for over a year now and I am long...2.6 million shares and tempted to buy at these levels. I tell my friends to get into this stock and they think that it will help me make money. The long and short of it is I don't want to be rich without them.You can either buy this stock and come to Vegas for the party, or you can drive the limo.The way I see it is if this was a scam or a boiler room operation why in the world would they actually launch a ntwk and spend all of this money. Qbid holding the rights to the gay games in my opinion is huge...here is a community of people who are hungry to be recognized, and as odd as it may seem to a straight person to be awarded a medal in such an arena as the gay olympics, they will view it as a major acomplishment and just the beginning . In the near future in Chicago more gay people will converge upon a city than anyone ever has witnessed in recent years and finally for the first time in our lifetime this community will get the recognition it deserves.This equates to millions of dollars in advertising revenue that we need to get this stock moving upward. On the other side of the coin I hope that Frank and crew are not messing with us because I am a big believer in karma and know that it will win out in the end...GOOD LUCK TO ALL OF US, I HOPE THIS IS FOR REAL!!!!!!!!!
Hank Very nice post. I feel the same way. If we are wrong . . . well, it won't be the first time for me. But I don't think we are wrong. Tomorrow should be an interesting day. Just hope we aren't expecting too much. Tomorrow's CC was never billed as a "drop dead" event. We are the ones who decided that all would be revealed tomorrow. I hope so . . . but I won't be upset if I still have questions after the CC. GLTA.
-------------------- Everything I say is only my opinion ... right or wrong. Posts: 2152 | From: Ohio | Registered: Sep 2004
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posted
Your on to us, that was the fake list of questions that we put out for Frank to be prepaired for. The plan is not to use those, where going to throw other questions out there.
im jokin here.
but seriously, it doesnt matter what questions that we are going to ask them. they have prearranged statements ready for any and all questions that we can imagine about this company.
they are not giving us any info that they are not ready to tell us, not matter if we catch them off guard, they know what they are going to say and tell us right now.
Rod
quote:Originally posted by holmes: Is seems odd to me that you guys are making a list of questions to ask at the CC, and then posting them for frank to have a complete list. I think it will be funny when frank goes right down the list with you guys. I can't figure out why your preparing him for it. Hummm
quote:Originally posted by Peaser01:
quote:Originally posted by DIGDOUGH: One cure for aids is to not go there.
Frank stated that a contingency plan is in place if something happens to him.
That is another question for the CC. Thanks DIGDOUGH.
1) What is the contingency plan if the CEO were to fall ill where he/she was unable to perform the daily functions of CEO?
Please add this to the list of questions.
-------------------- Dont buy or sell on my opinions, do your research. Make sure you know what you are buying before you buy.
This is a non reporting pink sheet with very high risk. From high risk comes high rewards. Dont invest more then you can afford to lose. Posts: 4801 | From: Prescott, ON, Canada | Registered: May 2004
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quote:Originally posted by betting babe: IS ANYONE TAPING THE C-CALL SO IT CAN BE TRANSCRIBED? ~BB
and fwiw, why the heck would frank approve richard hitting the boards yesterday, as well as committing to 2 other boards in the future, after what he said about the boards in the last conference call?
"Now I need to talk to you about the boards, and if someone comes to ask you to borrow money and he says his name is Joe Blow and we check his ID and it comes out to be something else, you’re not going to loan him the money. Anybody that listens to information from the boards, and this is even the good news that comes out of the boards, like “hey we got this contract here, we got this contract there” and he signs it rocket scientist, why would believe that?? If it’s bad news and he signs it, you know like, spaceman? Why would you believe that? We have instructed our vendors that for anybody that calls to get information to not give them information but just to take their name, address and phone number, or as much information as possible and we will answer the calls. And if somebody calls to harass or try to manipulate the stock, we have hired a legal firm. We already have in place a judgment against one shareholder that was trying to manipulate the stock. This for your benefit, you want the stock to go up? Stay away from the boards. They do not help you. If someone cannot not give their real name and real phone number it just doesn’t work."
~BB
-------------------- Dont buy or sell on my opinions, do your research. Make sure you know what you are buying before you buy.
This is a non reporting pink sheet with very high risk. From high risk comes high rewards. Dont invest more then you can afford to lose. Posts: 4801 | From: Prescott, ON, Canada | Registered: May 2004
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posted
guys dont get over excited about tomorrows cc.
there will sound like a lot of info will be out, but it will only create more grey areas and arguments.
they know how they are going to answer everything, and they are going to answer in ambiguous ways that will at fists sound like they have given us all kinds of answers, but once we let it all sink in we will be more confused then before.
God I hope im completely wrong, but that is what im expecting from Frank.
that is what happened the last time.
rod
-------------------- Dont buy or sell on my opinions, do your research. Make sure you know what you are buying before you buy.
This is a non reporting pink sheet with very high risk. From high risk comes high rewards. Dont invest more then you can afford to lose. Posts: 4801 | From: Prescott, ON, Canada | Registered: May 2004
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posted
Rod I know the feeling. I just don't want to hear that we been double crossed. Just the good stuff. Thank you.
Posts: 4245 | From: SMALLVILLE USA | Registered: May 2004
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quote:Originally posted by MillerTIME: i have no idea what is going on and dont expect it to last long....
MT- that line is soooo classic you have no idea how many times you say that, i love it!! aahaha awesome
Posts: 2794 | From: nyc | Registered: Aug 2005
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quote:Originally posted by MillerTIME: i have no idea what is going on and dont expect it to last long....
MT- that line is soooo classic you have no idea how many times you say that, i love it!! aahaha awesome
hahahaahha i have taught myself to not get excited with this stock!!
but on that note.......seems we are slowly gapping up...
.0008x.0009 3x7
Bid gaPPing is cOOl as there is no gap to fiLL. People get so excited when the ask gaps but i truely don't like it on stongs that am long in as you know it is going to pop up but has to come back donw to fiLL the gap. So am liking this bid gap her
Posts: 512 | Registered: Jul 2004
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