Articles Posted in FCC Enforcement

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Numerous Rule Violations Lead to Consent Decree and Sale for Kentucky FM Stations
  • Notice of Violation Issued to Michigan FM Translator Licensee for Excess Transmitter Power and Using Wrong Antenna
  • Texas Tower Owner’s Extended Lighting Outage Generates Notice of Violation

Kentucky Broadcaster Enters Consent Decree Requiring Sale of Stations Over Late License Renewals, Unauthorized Operations and Public File Violations

The FCC’s Media Bureau entered into a Consent Decree with the licensee of four FM radio stations in Kentucky to resolve an investigation into numerous rule violations involving late-filed license renewal applications, periods of silence, reduced-power operations without FCC authorization, Public Inspection File violations, and inaccurate certifications in the stations’ license renewal applications.

The investigation began during the Media Bureau’s review of the stations’ license renewal applications.  Section 73.3539(a) of the FCC’s Rules requires broadcast license renewal applications to be filed no later than the first day of the fourth full calendar month before expiration of the station’s license.  The four stations’ applications were due April 1, 2020, but were not filed until May 1, 2020.  The FCC subsequently received information alleging that the stations had been off the air for an extended period and an Informal Objection to license renewal for one of the stations raising additional questions about that station’s operations and Public Inspection File.

The investigation uncovered numerous operational violations.  Section 73.1740(a)(4) of the FCC’s Rules requires a licensee to notify the FCC when an FM station remains silent for more than 10 consecutive days and to request Special Temporary Authority (STA) to remain silent if it cannot resume operation within 30 days.  Similarly, Section 73.1560(d) requires notification when a station operates at reduced power for more than 10 days and an STA if full-power operations are not restored within 30 days.  In the Consent Decree, the licensee admitted that all four stations were off the air for more than 30 days in 2021 without obtaining STAs and that one station also operated at reduced power for more than 30 days without an STA.

The licensee also admitted that Quarterly Issues/Programs Lists required by Section 73.3526(e)(12) of the FCC’s Rules were missing or uploaded late to the stations’ online Public Inspection Files, and that a local programming and marketing agreement involving three stations was missing from those stations’ Public Inspection Files.  The existence of those violations also meant that the licensee’s certifications in its license renewal applications that it had complied with the Public File rule and the FCC’s minimum operating schedule requirements were not accurate.  Section 1.17(a)(2) of the FCC’s Rules prohibits submitting material factual information to the FCC that is incorrect or misleading without a reasonable basis for believing it to be accurate.  The licensee subsequently uploaded most of the missing documents and amended the license renewal applications to correct its certifications.

To resolve the investigation, the licensee agreed to implement a three-year compliance plan requiring, among other things, appointment of a compliance officer, drafting a training manual with written operating procedures for employees, conducting annual employee training, reporting future violations to the FCC within ten business days of discovery, and filing annual compliance reports with the FCC.

The Media Bureau noted that while Consent Decrees often require payment of a monetary penalty to the government, it did not impose one here because the licensee had demonstrated it lacks the ability to pay such a penalty.

In adopting the Consent Decree, the Media Bureau indicated that the violations would normally warrant a short-term license renewal (typically a one to three-year license term rather than the standard eight-year term), but stated that since the stations were being sold to a new licensee, it would grant the standard license renewal term, but condition the renewal grants on completion of that sale.  The purchaser must abide by the terms of the Consent Decree.  The Media Bureau indicated it would grant the stations’ license renewal and assignment applications in a separate order.

Unauthorized Antennas and Excessive Transmitter Power Lead to Notice of Violation for Michigan FM Translator

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to the licensee of a Michigan FM translator station for operating with an unauthorized antenna system at nearly four times its licensed transmitter power.  According to the NOV, an FCC field agent inspected the station in July 2026 in response to a complaint and identified both violations.

Section 74.1251(b)(2) of the FCC’s Rules requires FM translator licensees to file an application on FCC Form 349 before changing a station’s transmitting antenna system.  The translator was authorized to operate with an antenna oriented to two specified azimuths.  During the inspection, however, the agent found that the station was using a three-antenna array oriented to entirely different azimuths.  The Enforcement Bureau concluded that the array did not maintain the station’s authorized antenna pattern and that the licensee had not filed the required application seeking approval to change its antenna system.

The agent also found that the translator was operating well above its authorized transmitter power.  Section 74.1235(e) of the FCC’s Rules provides that an FM translator’s transmitter power output may not exceed 105 percent of its authorized level.  The station was authorized for a transmitter power output of 38 watts, but the FCC measured it operating at 150 watts, or 394 percent of its authorized transmitter power.

The NOV requires the licensee to submit a written response within 20 days fully explaining each alleged violation and all relevant surrounding facts and circumstances, including the specific actions taken to correct the violations and prevent them from recurring.  The response must include a timeline for completing any corrective actions and be supported by an affidavit or declaration from an authorized officer of the licensee with personal knowledge of the facts.  While the NOV does not itself impose a fine, the FCC may take additional enforcement action after reviewing the licensee’s response, including issuing a Notice of Apparent Liability for Forfeiture.

Unrepaired Tower Beacon Leads to FCC Notice of Violation for Texas Tower Owner

 The FCC’s Enforcement Bureau issued a Notice of Violation to the owner of a Texas tower for failing to repair a required obstruction light.  According to the NOV, an agent from the FCC’s Dallas field office determined through research and other investigative methods that the tower’s top beacon had remained extinguished for an extended period of time.

Section 17.23 of the FCC’s Rules requires towers to be painted and lit in accordance with their tower registrations.  The registration for the Texas tower required it to display a red beacon at the top and two steady-burning red side marker lights at its midpoint.  Sections 17.6(a) and 17.56 require tower owners to maintain the specified tower lighting and complete any repairs as soon as practicable.

A representative of the tower owner confirmed to the FCC agent on July 3, 2025 that the top beacon was not functioning and was awaiting repair.  The agent reminded the representative that the light must be repaired as soon as practicable.  Despite the warning, in emails sent in December 2025 and January, March, and May of 2026, the representative confirmed to the agent that the beacon had still not been repaired and remained extinguished.  The beacon therefore remained dark for more than ten months after the tower owner first acknowledged the outage.

In response, the Enforcement Bureau issued the NOV to the tower owner.  It requires that a written response be submitted to the FCC within 20 days fully explaining each violation and all relevant surrounding facts and circumstances, including the specific actions taken to correct the violations and prevent future incidents.  The response must include a timeline for completing repairs and be supported by an affidavit or declaration from an authorized officer of the tower owner with personal knowledge of the facts.  Upon receipt of the response, the Enforcement Bureau will determine whether further actions, such as issuance of a fine, are appropriate.

A PDF of this article can be found at FCC Enforcement ~ September 2026.

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:

  • Georgia GMRS Licensee Receives Notice of Violation for Improperly Linking Repeaters
  • FCC Cites Electronic Billboard Owner in Colorado for Years of Harmful Interference
  • Three Texas FM Translators Cited for Retransmitting Wrong Primary Station

Improperly Linked Repeaters Generate Notice of Violation for Georgia GMRS Licensee
The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to a Georgia General Mobile Radio Service (GMRS) licensee for improperly linking multiple GMRS repeaters via the internet. Linking the repeaters allowed them to simultaneously retransmit radio messages over a larger geographic area than permitted under FCC rules.

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:

  • FCC Proposes $25,000 Fines Against Eight Companies for Failing to Respond to Enforcement Bureau Letters of Inquiry
  • Louisiana Broadband Provider Enters $10,000 Consent Decree to Resolve Investigation into Inaccurate Reimbursement Program Certification
  • Texas AM Stations Face Possible License Revocation Over Unpaid Regulatory Fees

Eight Companies Face $25,000 Fines for Failing to Respond to FCC Letters of Inquiry
The FCC’s Enforcement Bureau (Bureau) issued eight Notices of Apparent Liability for Forfeiture (NALs) proposing a total of $200,000 in fines against eight companies for failing to respond to Bureau Letters of Inquiry (LOIs). Each company faces a proposed $25,000 fine for failing to respond to an LOI seeking information about whether it marketed radiofrequency equipment in the United States that was included on the FCC’s Covered List.

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Texas FM Translator Licensee Agrees to $50,000 Consent Decree for Multiple Rule Violations
  • Public File Violations Result in $41,000 Consent Decree for Pennsylvania Television Station
  • Illinois AM Station Receives Notice of Violation for Tower Registration and Lighting Failures

Violations Yield $50,000 Consent Decree for Texas FM Translator Licensee
The FCC’s Media Bureau entered into a Consent Decree with the licensee of two Texas FM translator stations to resolve an investigation into numerous violations of the Commission’s rules governing FM translator operations, station ownership, use of unauthorized equipment, and the failure to seek Special Temporary Authority (STA) to remain silent for more than 30 days.

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Investigation of Unauthorized Control Generates Early License Renewal Applications for Multistate TV Station Owner
  • Mississippi Radio Station Receives One-Year License Renewal Following Continued Public File Violations
  • Illinois LPFM Station Cited for Unauthorized Antenna, Power, and Equipment Location

FCC Requires Early License Renewal Applications for Over 80 TV and LPTV Stations in Transfer of Control Investigation
The FCC’s Media Bureau issued an Order directing a broadcaster with over 80 TV and LPTV stations spread across nearly 30 states to file early license renewal applications for all of its stations.  The Order states that the Media Bureau has been investigating whether the licensee engaged in unauthorized transfers of control of its station licenses and, despite seemingly having received responses to two Letters of Inquiry (LOIs), determined that further action was warranted.  Notably, this Order was released the day before the FCC mandated early license renewal applications from ABC, ostensibly for its DEI efforts, leading many to suggest that this action the day before may have been taken to deprive ABC of the argument that calling for accelerated license renewal applications is unprecedented at the FCC.

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • FCC Warns New York Property Owners Over Pirate Radio Broadcasts
  • New Jersey AM Radio Station Cited for Tower, Power, and EAS Violations
  • FCC Targets Covered List Entity Over Equipment Authorization Violations

FCC Issues Notices to Three NY Property Owners Over Pirate Radio Activities on Their Premises

The FCC’s Enforcement Bureau issued Notices of Illegal Pirate Radio Broadcasting (Notices) to three property owners in New York following investigations into unlicensed FM broadcasts.  The Enforcement Bureau’s New York field office initiated the investigations after receiving complaints about unauthorized radio operations.  In each instance, agents used direction-finding techniques to confirm that the transmissions were emanating from the identified properties.

FCC records indicated that no license had been issued for a broadcast station to operate at those locations and frequencies, and the Enforcement Bureau determined that the signals were too powerful to qualify for any exemptions applicable to extremely low-powered devices.

Under Section 511 of the Communications Act, the FCC may impose significant fines not only on the pirate operators, but also on property owners who permit such activity on their premises.  The Notices warn that property owners can face fines of up to $2,453,218 if the FCC determines that they continue to allow unauthorized transmissions to occur on their properties.

The Notices direct the property owners to respond within ten business days providing evidence that the unauthorized broadcasts have ceased.  They also request that the property owners identify the individual(s) responsible for the pirate radio operations.

The Enforcement Bureau added that even if the property owners do not respond, the FCC may determine that it has sufficient knowledge of the pirate radio activity to support enforcement actions that could result in “significant financial penalties.”

FCC Pursues New Jersey AM Station for Tower, Power and EAS Violations

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to the owner of a New Jersey AM radio station with several Pennsylvania transmission towers for multiple rule violations.  The NOV states that agents from the FCC’s New York field office inspected the station and its associated towers on two occasions in May and August 2025 and identified numerous rule violations.

According to the NOV, the agents found that the towers lacked lighting required by their Antenna Structure Registrations (ASR).  Section 17.23 of the FCC’s Rules requires that towers be painted and lighted in accordance with their registration.   The structures’ ASRs required a red beacon at the top level and two side marker lights at the one-third and two-thirds levels.  While each structure displayed a red beacon at the top, none of the required side marker lights were operational. Continue reading →

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Airport Transmissions Lead to FCC Notice of Unlicensed Operation
  • FCC Issues Notice of Violation for Prolonged Tower Lighting Outage
  • FCC Cuts Off Voice Provider Linked to Illegal Robocalls

FCC Issues Notice of Unlicensed Operation for Unauthorized Aviation Frequency Use

Following a complaint of harmful interference at a Billings, Montana airport, the Denver office of the FCC’s Enforcement Bureau issued a Notice of Unlicensed Operation (NOUO) to an aviation services provider operating at the airport.

According to the NOUO, the FCC’s Denver field office received a complaint regarding unauthorized transmissions on 128.825 MHz at the Billings-Logan International Airport.  The complaint alleged that the transmissions were causing interference to a licensed operator at the airport.  During the investigation, an FCC agent located the source of the interference, and ultimately spoke with a provider of airport services, including charters, aircraft sales, and hanger space rentals.  The provider confirmed it was operating radios on 128.825 MHz as part of its fixed-base operator support services at the airport.  The FCC determined that no license had been issued authorizing the services provider to operate on that frequency.

Such unlicensed operations are prohibited by Section 301 of the Communications Act.  In the NOUO, the FCC warned the services provider that operating without a valid authorization violates federal law and could result in “substantial monetary fines, in rem seizure of the offending radio equipment, and criminal sanctions including imprisonment.”

The NOUO directed the company to immediately cease the transmissions and to not resume them unless it obtained the necessary FCC authorization.  It gave the company 10 days to provide any evidence of authority to operate on that frequency, at which point the FCC will “determine what, if any, enforcement action is required to ensure your compliance with the Commission’s rules.”

Michigan Tower Owner Cited for Failing to Maintain Required Obstruction Lighting

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to a Michigan tower owner for failing to maintain required obstruction lighting.

According to the NOV, an agent from the FCC’s Chicago field office inspected the tower in November 2025 and found that its obstruction lighting was not operating as specified in the Antenna Structure Registration (ASR) database.  Section 17.23 of the FCC’s Rules requires that antenna structures be painted and lighted in accordance with their registration.  The ASR for the tower required medium intensity white obstruction lighting at night, including a top-level strobe and two mid-level strobes.  At the time of the inspection, however, all of the required lighting was dark except for a single low-intensity, non-strobing white light that did not comply with Federal Aviation Administration specifications. Continue reading →

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Public File Violations by Pennsylvania Class A Television Station Yield $6,000 Consent Decree
  • Spurious Emissions Lead to Notice of Violation for Hawaiian FM Station Licensee
  • Texas Radio Station Licenses Designated for Hearing Over Unauthorized Transfer of Control and Lack of Candor Claims

Pennsylvania Class A TV Station Licensee Agrees to $6,000 Consent Decree for Public File Violations

The Video Division of the FCC’s Media Bureau entered into a Consent Decree with the licensee of two Pennsylvania Class A TV stations to resolve an investigation into the stations’ failure to timely upload required documents to their online Public Inspection Files.

Section 73.3526(e)(11)(i) of the FCC’s Rules requires that every Class A TV station place in its Public Inspection File “a list of programs that have provided the station’s most significant treatment of community issues during the preceding three month period.”  The list must include a brief narrative of the issues addressed, as well as the date, time, duration, and title of each program aired addressing those issues.  The list must be placed in the Public Inspection File within 10 days of the end of each calendar quarter.

In March 2023, the licensee filed its license renewal applications for the two stations.  In the applications, the licensee certified that it had timely uploaded all required documentation to each station’s Public Inspection File during the license term.  However, after FCC staff notified the licensee that documents were in fact missing from both stations’ Public Inspection Files, the licensee belatedly uploaded five missing Issues/Programs Lists to one station’s Public File, and six missing Issues/Programs Lists to the other station’s Public File.  The licensee subsequently amended its license renewal applications to change the certification regarding timely Public Inspection File uploads from “yes” to “no.”

A staff review found that during the license term, one station had a total of six late Issues/Programs Lists during the license term (five of which were entirely missing until July 2025), and the other station had a total of seven late uploads (six of which were entirely missing until July 2025).  To resolve the matter, the licensee entered into the Consent Decree in which it admitted the facts surrounding the violations and agreed to implement new policies and procedures to prevent a recurrence.  These include designating a compliance officer, creating formal operating procedures to prevent future violations, drafting a compliance manual and distributing it to relevant employees, and conducting regular employee compliance training.

The licensee also agreed to report to the FCC within ten business days of discovery any violation of the Public Inspection File rule or the terms of the Consent Decree during the next two years.  Finally, it agreed to make a $6,000 voluntary contribution to the U.S. Treasury.  In return, the Media Bureau agreed to grant the stations’ license renewal applications, but conditioned the grants on receipt of the $6,000 payment.

Hawaii FM Station Receives Notice of Violation for Spurious Emissions

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to the licensee of an FM radio station in Hawaii for generating spurious emissions at its transmitter site.  Spurious emissions occur when unintended radio frequency signals are generated outside a station’s assigned bandwidth.  These have the potential to cause harmful interference to other licensed users.

According to the NOV, the FCC’s Honolulu field office received a complaint from the Federal Aviation Administration, leading to an FCC field agent monitoring the FM station’s transmissions on May 14, 2025.  The agent observed signals emanating from the station’s transmitter site that were outside its licensed frequency and which were above the allowable limit under Section 73.317(d) of the FCC’s Rules.  These spurious emissions should have been attenuated by at least 80 dB compared to the station’s licensed transmissions, but the agent found that the spurious emissions far exceeded that level. Continue reading →

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As noted yesterday, the FCC announced in a robocall proceeding that all individuals and entities that have a Federal Registration Number (FRN) in the FCC’s CORES database are now required to update it within ten business days of any change in the associated information. In the underlying Order, the FCC stated its reasons for doing so in relation to the Robocall Mitigation Database, which is one of the systems that automatically incorporates FRN information:

Requiring Filers to Update Information in CORES
To ensure that the Robocall Mitigation Database reflects up-to-date information, we adopt our proposal in the Notice that all entities and individuals that register in CORES in order to submit filings to the Database or that register for any other purpose be required to update any information submitted to CORES within 10 business days of any change to that information.

The FCC then made clear that its use of the phase “all entities and individuals that register in CORES” wasn’t accidental:

Additionally, keeping information in CORES up to date may have benefits outside the robocall proceeding as well. As we stated in the Notice, this procedural improvement will also benefit other Commission databases beyond the Database that make use of contact information imported from CORES. We therefore implement a 10-business day deadline for all CORES registrants to submit updates after a change in information occurs.

In that same Order, the FCC also established base fines for (a) misrepresenting such information and (b) failing to keep such information up to date:

We agree with commenters that inadvertent errors or minor lapses in compliance should not result in the same penalties as willful misconduct. We therefore find that the base forfeiture should be significantly lower than the $10,000 base forfeiture we set for submitting false or inaccurate information. That said, we agree with commenters who point out that inaccurate information in the Robocall Mitigation Database is still harmful—regardless of whether the inaccuracy results from malfeasance or neglect. Finally, we look to the penalties assessed in similar circumstances and note that the Commission has already established a $1,000 base forfeiture for failure to maintain required records. A base forfeiture in the amount of $1,000 in this instance creates a meaningful distinction between willful/malicious misconduct and inadvertent error. We find that a separate penalty for failure to update information in the RMD after a change has occurred is a necessary addition in order to ensure that filers make accuracy a priority. Finally, we hold that the integrity of the data in the RMD is no less critical than other records that licensees/authorization holders must maintain; accordingly, we apply a penalty, consistent with the fines applied in analogous circumstances. We therefore adopt a $1,000 base forfeiture for failure to update Database information within 10 business days.

Like the earlier aspect of the Order that focused entirely on FRNs in the robocall context, but then proceeded to apply a new 10-business-day requirement to all FRN holders, the language above, while focused on robocalling, seems to suggest that the FCC believes a $1,000 a day base fine is appropriate for all such inadvertent failures to update information. Supporting this view is the Order’s assertions that such a fine amount is based on “penalties assessed in similar circumstances” and the fact “that the Commission has already established a $1,000 base forfeiture for failure to maintain required records,” citing only on an FM radio decision to support both propositions.

Communications lawyers around DC, particularly those with broadcast clients, were alarmed by both the universally-applicable 10-business-day deadline to update FRNs, and the Commission’s suggestion that a $1,000 a day base fine seemed appropriate given the “analogous circumstances” of an FM radio decision. Adding to that concern was the fact that the cited FM radio decision involved a “failure to maintain required records” where—surprise—the FCC’s base fine is $1,000. Of course, that doesn’t mean the FCC would fine broadcasters with outdated FRNs $1,000 a day until their FRN is updated, but it certainly suggests they could.

Bulletins and alerts went out to clients from their DC law firms warning of the new 10-day requirement and the potential for fines for those failing to meet that deadline. FCC regulatees rushed to update their FRNs today, only to be frustrated when the sheer amount of resulting traffic crashed the FCC’s systems, preventing such updates from being filed.

Seemingly in response, late today the FCC released a Public Notice with the exciting title Wireline Competition Bureau Reminds Robocall Mitigation Database (RMD) Filers of Increased Base Forfeitures for Submitting False or Inaccurate Information and for Failure to Update RMD Filings. Not something a broadcaster or any other FCC licensee uninterested in robocall matters would typically read, but if there is anything to be learned from this episode, it is to read past the title of an FCC robocall document.

Those that did were rewarded in the second to last sentence which, to the FCC’s credit, was bolded and underlined, stating:

The Robocall Mitigation Database Report and Order did not address or change any forfeiture amounts that may be associated with failures to update the CORES information by non-RMD filers.

So it doesn’t say there won’t be fines associated with failures by those outside the robocall world to update their FRN information within 10 business days, but it at least states that the Order didn’t “address or change” those fines. We’ll call that a win. Still, I can’t help but wonder—if an FM radio station’s “failure to maintain required records” is “analogous” to a telecom provider’s failure to keep its contact information up to date in the Robocaller Mitigation Database, doesn’t that analogy run the other direction as well?

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Let’s state the obvious. The FCC’s use of mandatory Federal Registration Numbers was a bad idea from the start. It became monumentally worse today, when the FCC quietly announced that failure to update Federal Registration Number contact information within 10 business days of a change could trigger a $1,000 per day fine until it is updated, up to the current statutory maximum of $628,305.

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