|

FCC Enforcement Watch
Below are a number of NALs
(Notice of Apparently Liability), Forfeiture Orders, Notices of
Violation (NOVs), and some Consent Decrees issued by the
MB (Media Bureau) or the EB (Enforcement Bureau), which generally have resulted in fines.
These are not meant to be
a review of all FCC Enforcement actions but, rather, a selection of
various items that caught our eye and that we thought you would find
instructive. (For example, sometimes NOVs and NOUO (Notice of Unlicensed
Operation) are
shown here, but these have not reached NAV status. Pirate actions
are generally not included.)
Note:
Would you like to know
when new items are posted here?
Sign up here in
just 30 seconds.
(Know of an incident/action
that should be here? Let us know!)
Quick link to other
current (non-enforcement) news stories
-
2/15/12 - 73.3539
-
WSBU, St Bonaventure University's student run station in NY received
an NAL for $7k for their late renewal (the 2006 renewal was
finally filed in 2010, after the FCC initially deleted the station).
The FCC did not accept a change in the staff advisor nor the non-comm
status as mitigating factors.
-
2/14/12 -
73.1125
-
Failure to have the Main Studio open and staffed during business hours
netted WJTB, Elyria, OH an NAL - and an enhanced fine. Several aspects
of this are instructive. While the Field Agents were standing outside
a locked door, someone drove up, apparently with the same last name as
the individual in charge. When told the FCC Field Agents were there to
inspect, she told them to call someone else, who did not answer the
calls.
It gets better (worse?). Despite the agents explaining there needed to
be staff, and despite a letter to the station, the agents returned
five and a half months later to ... a locked door. A letter from the
station during the interim included a couple of odd excuses. The FCC,
after considering matters, increased the $7k fine and issued
an NAL for $10k.
-
2/14/12 - 11.35
-
Again, not strictly broadcast, but another cable system NAL. This time
for not having an EAS receiver for at least three and a half years.
The fine: $10k.
-
2/13/12 - 76.1700
- While not strictly broadcast, perhaps some broadcasters will get a
tiny modicum of comfort to know the Public File requirements affect
cable systems, too.
An NAL for $10k was issued to Allen's TV Cable System in
Morgan City, LA for not allowing immediate access to the Public File
during business hours.
-
2/7/12 - 73.3526,
73.1560,
11.35,
17.51
-
One might suppose it was a bargain when the FCC reduced the $42k fine
racked up by KQMG AM/FM in Independence, IA. and issued
an NAL for $10k. The violations read like a laundry list - and
were tripped by a complaint the tower lights were not working
and no NOTAM had been sought: only a single non-flashing center beacon
was on. By the time the Field Agents arrived 10 days later, no lights
were on at all. Worse yet (if that is possible), the operator on duty
admitted the lights had been out for over three months.
But, there is more. A single Public File (not correct) had no Issues &
Programs list since 2001. The operator could not trigger an EAS test.
There was no EAS log, but the operator said there were no EAS
receptions in at least three months. There was no station log either,
nor remote control for the two stations (the phone line had been
disconnected) - and one was found to be running 108% of licensed
power. The agents could not determine the power level of the other, as
the antenna current meter was broken.
-
2/7/12 - 73.3526
-
You might be surprised at the continuing list of stations that get
cited for Public File violations. While it may be a pain to maintain,
it is pretty straightfoward. But when a station is on the air over 30
years and yet the FCC comments "there was no evidence the station had
ever maintained" its Public File, you know what is next: the FCC
issued
an NAL for $10k to KPIR, Granbury, TX.
-
2/6/12 - 73.1212
-
In perhaps the largest specific broadcast fine in a while, the
Sponsorship ID Rule was involved in the
NAL for $44k issued to WLS, Chicago and its licensee "Radio
License Holding XI, LLC," (which most folks might not recognize as
Citadel - pre-Cumulus). At issue was an ad, run 11 times, which was
related to a state legislative issue. The Commission held that in the
form broadcast
(see the NAL) they were designed to sound like a news story. Given
the content and manner of broadcast, the Commission decided to issue a
fine for each of the 11 ads. It might also be a warning to all
stations for this election year.
-
2/3/12 - 73.3526
-
An
NAL for $10k was issued to WODR, Fair Bluff, NC for self
reporting Public File violations in 2006-2008. The Padner Group
station blamed part of it on operations under an LMA. The FCC
acknowledged the station had reported itself, but affirmed the $10k
fine as appropriate.
-
2/1/12 - 11.35
-
Roswell, NM seems to be an EAS problem area recently (12/7/11). Now,
KCRX' Rosendo Casarez, Jr. has been given
an NAL for $8k, for not having a working EAS receiver for
about eight months. The receiver had been damaged and repaired, but
was apparently never re-installed.
-
2/1/12 - Section 301 - While we know the FCC has
been hitting pirates for $10k fines, two from Florida this week
indicate that Field Agents are losing patience with some offenders.
One, who pleaded poverty to reduce a previous fine of $20k to $500,
was back on the air again. So, the EB figures that to send a message,
an NAL for $25k was appropriate. A different pirate was found
interfering with FAA transmissions.
An NAL for $20k was issued.
-
1/24/12 -
1.903
-
A somewhat strange
Forfeiture Order for $3.2k was issued to Gila Electronics for
running an STL for station KUKY, Welton, AZ on 956.65 MHz - at
an unlicensed location, 15 miles from designated for WNTB570. While
Gila attempted to defend its operation under Part 101, the FCC noted
that does not apply to the final RF link in a broadcast chain. The $4k
fine was reduced as Gila had no other violations in over 20 years of
operation.
-
1/23/12 - The EB may be looking more closely at your
NRSC measurement reports.
An NOV was receently issued to KRDM, Redmond, OR for not
having an NRSC report for over two years when inspected in October
2011.
-
1/20/12 - 73.1216
-
A 2008 contest run by Clear Channel's LA Cluster brought
an NAL for $22k for violating the Contest Rules - and a
warning. The NAL says posting contest rules on a website does not
exempt a station from 73.1216. There also were conflicting dates for
the contest and the judging. Significantly, the NAL ends by increasing
the base fine of $4k to $22k stating, "in light of Clear Channels'
prior history of non-compliance, we caution that the imposition of
even higher forfeitures may result in the future if such mis-conduct
persists." (Several previous contest violations were noted in the
footnotes.)

-
1/19/12 - 73.3526,
73.1745
-
It took a decade for the FCC to discover that WPLY in Mount Pocono, PA
had no Public File and was operating at only 250 W Non-D (instead of a
4-tower DA). The fine of $14k was increased to
an NAL of $17k due to the ten year failure to observe the
FCC's Rules and Regulations.
-
1/18/12 - 17.50
-
Although not issued to broadcast stations, the two
NALs for $10k each (the
other one) for not having a tower properly painted are worth
noting.
-
1/18/12 - 73.1660
-
WRLE-LP in Dunnellon, FL was issued an
NAL for $12k for intefering with FAA transmissions while using a
non-certified transmitter. (See 9/7/11, below). Today, the
Notice of Forfeiture reduced that to $1.5k, based on an
inability to pay.
-
1/5/12 - 73.3526
-
The FCC affirmed
an $8k Forfeiture Order against Lazer Licenses in Santa Maria,
CA for failure to have Issues & Programs lists available for its three
stations, KSBQ, KLMM-FM, and KLUN-FM. The Order notes that although
the station said the files were in the station, it apparently took
three months - and an NAL - before the station actually put things
right.
-
12/30/11 - 73.2080
-
The Enforcement Bureau ends 2011 with a flourish - $22k in NALs for
EEO violations. Clear Channel's South Carolina stations got
one for $14k and MHR's Virginia stations got
one for $8k. Bottom line: Internet ads are not
sufficient for the bureaucrats.
-
12/21/11 - Another sort of deadline that
sometimes gets missed is the expiration of a CP (Construction Permit).
At that time, a filing for a license is expected - or the CP
abandoned. Somehow the folks at Roberts Broadcasting Company in
Evansville, IN appear -
according to an FCC Letter - had not done either, for three years.
Do we hear an "our paperwork got lost" response coming?
-
12/14/11 - 73.3539
-
Missing the filing deadline by three months late in 2004, cost WJTB,
North Ridgeville, OH
an NAL for $1.5k.
-
12/7/11 - 11.35
-
KRDD in Roswell, NM had been without an operational EAS receiver for
over six months. Upon inspection, the station blamed the situation on
vandalism. This FCC issued an
NAL for $8k and demanded certification within 30 days that the
EAS receiver is now operational.
-
12/6/11 - 73.3539
-
Another late renewal fine raffirmed, this one exacerbated by a "red
light' violation - where a station owed the FCC money from a prior
issue. KJCB's license in Lafayette, LA ran out in 2004, when the
station did not respond to the dismissal (See 7/22/11, below). In its
appeal, the station also blamed the engineer. The
NAL for $13k stands.
-
12/6/11 - 73.1216
-
Saga's WAQY, Springfield, MA, was denied a review of the
NAL for $4k for violating Contest rules. WAQY was found to not
have provided the prizes in a "prompt" manner.
-
12/1/11 - 73.3539
-
Apparently, Hope Broadcasting's WFGN, Gaffney, SC, does not like to
file forms with the FCC. The 2003 License Renewal Application was not
filed until May 2011 - after the FCC notified the station the license
had expired seven years before.
Unfortunatly, 2011 was when the next round of renewals for South
Carolina were scheduled - and WFGN missed the August 1st deadline for
this year by a month. The
station was issued an NAL for $10k, but the FCC did approve
the late 2003 renewal and accepted the current one.
-
11/30/11 - 73.3539
-
WWLU (FM)Lincoln University, PA caught a break from the FCC in the
$250 NAL issued for not filing their last renewal on time in
2006. Although the filing was almost three months late, it did come
before the license actually expired. Another factor: WWLU is a Class D
FM, hence the reduction to $250.
-
11/23/11 - 1.89
-
An
NOV was issued to KMYX-FM in Arvin, CA, when an inspector
noted that the transmitter was approximately 1000 feet from the
coordinates listed on the license.
-
11/23/11 - 1.89
-
An
NOV was issued to K205DZ, a translator in Devore, CA. It
appears the antenna, a directional, was found no longer pointed in the
licensed direction. This is of interest in that similar notices were
issued to the same translator in 2007 and 2009, and also noted the 10
Watt translator was operating at 11 Watts.
-
11/1/11 - 11.35,
73.526,
73.49
-
The FCC affirmed the NAL listed at 7/19/11 (below) to Spirit
Broadcasting and WGTM, with a
Forfeiture Order for $25k.
-
11/1/11 -
17.49,
17.51 -
An NAL for $10k
was issued to the owner of WERX-FM, Columbia, NC, for failure to
exhibit obstruction lighting and to have required records.
-
10/31/11 -
17.50,
73.49
-
Failure to paint the tower cost WMID, Atlantic City, NJ
an NAL for $20k.
A tower fence gate was also found to be
unlocked. The owner, Equity Communications, LP, was informed of the
problem in April of 2010 and promised correctionsd. However, but seven
months later there was no correction and the gate was found unlocked
again.
-
10/31/11 -
73.1745
-
Another station failed to lower power at sunset and received
an NAL for $4k. KPIO, Loveland, CO. The FCC indicated the 7 kW
station was running about 1.5 kW day and night. The engineer for the
Catholic Radio Network station indicated there was a defective base
current meter and remote control.
-
10/28/11 -
73.1125,
73.3526,
73.3539
-
KVOZ, Del Mar Hills, TX, received
an NAL for $21k because they did not have a main studio in the
community of license, no complete Public File, and operating
differently than the station authorization.
-
10/26/11 -
73.1745
-
Failing to lower power at sunset resulted in
a $4k NAL to KBRZ, Missouri City, TX. The agents
measured field intensity before and after sunset - and although the
license required 1/32 of the day power during the night, the field
strength was unchanged.
-
10/24/11 -
11.35,
73.1690,
73.3527
-
A 12-Watt Non-Comm station received
an NAL for $22k for not having a Public File, no operating EAS
receiver - and having moved the transmitter a half-mile without
authorization. RJ's Late Night Entertainment Company's Highland Park,
MI station (WHPR-FM) said they thought a short move did not require
FCC authorization, and blamed the lack of a Public File on a local
library closing "several years ago."
-
10/20/11 - 73.3539
-
Several failures to renew licenses on time brought some stiff fines
this week. WQTQ, Hartford, CT received
an NAL for $7k for operation from April 2006 to September 2010
without any authorization.The Hartford Board of Education said it
either forgot to renew, or thought it did (!). The FCC did waive about
$10k of potential fines.
WRAN-LP in Randolph, VT also operated four years without a license.
The assessment on this low power station was for
an NAL of $500.
Salmon River Communications in Salmon, ID, did not do quite as well.
Not only did its two stations operate for five years after the
licenses expired in October 2005, but the STA issued for them to
operate while correcting matters was allowed to expire in May. The
station KSRA (AM) received
an NAL for $13k,
as did KSRA-FM, a total of $26k.
-
10/21/11 - 17.57
- When the owner of an ASR
registered tower changes, the FCC must be notified. P&Y Broadcasting
in Los Angeles received
an NAL for $3k for not having noted the transfer of the KMPC
antenna.
-
10/20/11 - Operating past the
Post-Sunset Authority resulted in
a $4k Forfeiture Order to Clarion Country Broadcasting's WKQW,
Oil Town, PA. The infractions occurred in late 2008. (It must be
assumed the reference to "FM Station WKQW" was a typo!)
-
10/18/11 - There was no fine issued on
this one, but the FCC made a point of shutting down a
translator that caused
interference to a co-channel station. (And providing free cell
phones did not impress the FCC.)
While it was not the focus of
this Notice, the FCC also pointed out that a translator has to
protect regular listeners, even outside a station's licensed contour
(top of page 3/footnote 6).
-
10/14/11 - 73.3526
-
Six years of missing Issues & Programs brought
a $10k NAL to WMMG, Brandenburg, KY.
-
10/3/11 - 73.3539
-
Yet another NAL for late renewal reminds stations that the burden of
compliance is on each station. The authorization for WPRX in Bristol,
CT expired in April 2006. However, no renewal application (nor STA)
was filed until until the Commission wrote to WPRX four and a half
years later.
The arguments that the failure was unintentional and they did not get
any reminders because they changed their mailing address did not move
the Commission.
An NAL for $7k stands, with a reminder that it is the licensee
who bears all burdens for compliance.
-
9/26/11 - 73.3539
-
A trio of late renewals and subsequent unauthorized operation brings a
total of
NALs adding up to $8k (marked down from $39,000) for an FM
station and two translators.
WSBU (FM) at St Bonaventure, NY,
K292BA, Dubois, WY, and
K232CZ, Winona, MN all operated for some four or five years after
their license period.
In each of these cases, the FCC did not designate them as "serious
violations," knocking the fine for the translators down to $500 each.
However, it is clear that failure to file the renewal applications on
time is getting more attention, and will not get a full "pass" from
the Commission.
-
9/13/11 - 1.903,
1.947,
11.35,
73.3526,
74.532
-
Several violations led to
a $17.5k NAL (reduced from $20k) for KRAL(AM) and KIQZ(FM) in
Rawlins, WY.
Agents noted inoperative EAS equipment, an incomplete Public File, and
an STL not being operated from its authorized location. Excuses of
"not willful," "the former employee did it," and "we can't afford that
much" were not accepted.
-
9/13/11 - 17.48,
73.3526
-
A dark tower led to
a $10k NAL (reduced from $13k) to WOXD-FM in Oxford, MS. When
the FCC turned up to investigate a report that no lights were working,
they learned the failure had been ongoing for about six weeks. When
the agents asked for the Public File, the station could not find one.
The station contended that there were other, higher towers in the
area, hence no need to notify the FAA. Taylor Communications'
president claimed he was unaware of the missing Public File until the
inspection, and laid blame on a previous station manager, who was
accused of stealing it. The former manager's story was "the FCC Public
Inspection File could not be located" after a renovation six months
before.
-
9/8/11 - 73.1745,
73.3526
-
Another large
NAL, for $14k, landed on KGLA, Gretna, LA. The station's GM
admitted the daytime station "had been operating at reduced power
throughout the night for several years." A Public File missing station
authorizations and eight Issues & Programs list pretty much sealed the
issue. Possibly the lack of the station authorization was why the
station had the "mistaken belief that it was authorized to broadcast
at night."
The FCC denied all the arguments from Crocodile Broadcasting Corp,
including the excuse that they did not mean to violate the Rules, but
had failed "to carefully read [sic] the letter from the Media Bureau"
denying an STA request for night time operation.
-
9/7/11 - 73.1660
-
When the FCC calls, saying you are intefering with FAA transmissions,
it is not a good idea to refuse them. Twice. And while using a
non-certified transmitter.
The NAL for $12k received by Power Ministries' WRLE-LP in
Dunnellon, FL makes it clear that even low power transmitters can
cause destructive interference - and why you need to listen when the
FCC is at the door. The $5k fine for the use of a non-certified
transmitter was augmented by $7k for the "obstruction" by station
personnel.
-
8/12/11 -
17.51,
17.47
- Failure to monitor antenna structure lighting and failure to
exhibit all required obstruction lighting brought
a $12k NAL to Miller Communications in Red Hill, GA.
-
8/11/11 - 73.3527
-
Two more non-comm stations have run afoul of the Public File Rules and
received Forfeiture Orders from the FCC. Southern Adventist
University's WSMC-FM in Collegedale, TN and Texas Educational
Broadcasting Coop's KOOP (FM) in Hornsby, TX both self-reported on
their renewal forms that they had not kept the Public File properly up
to date. Additionally KOOP was in violation by having excessive
foreign voting interest on their board.
Both stations sought cancellation or reduction of the fines, arguing
that they had many changes of management and they had reconstructed
the missing Issues & Programs lists. The FCC was not amused,
considering as many as 22 Issues & Programs lists were involved at one
station. But they did reduce both fines. WSMC's got a $2000 reduction
and
an NAL for $8k, while KOOP saw a $6300 reduction and
an NAL for $8.7k.
-
8/4/11 - 73.3527
-
It seems college stations particularly are often "caught" in the
self-reporting questions on renewal forms. Perhaps it is due to their
being honest and truthful, perhaps it is because student operations
are more susceptible to missing Issues & Programs lists. Either way,
an NAL for $9k went to WUSC-FM, Columbia, SC for violations in
1996-99.
-
8/3/11 - 73.3539
-
Filing license renewal applications on time continues to be something
on which the FCC does not give ground. The federal cash register rings
up $3k for failing to file and $10k for operating for four years after
the license expired. WPRX, Bristol, CT, is another of those cases
where the station never got around to filing until the FCC informed
them in 2010 that their license had expired in 2006 and the call
letters deleted. The station's response? They said they did not get
the renewal reminder postcard in 2005.
The Commission notes that it is the licensees responsibility to know
when their license expires and file accordingly, postcard or no.
However, they found "factors" and policy to reduce
the NAL to $7k, a $6k reduction on the $10k fine for operating
without a license.
-
8/3/11 - 73.3539
-
Even missing the filing deadline by a "few months" is not
acceptable. Applied Life Ministries in Hot Springs, AR, originally won
a reduction from $7k to
an NAL of $5.6k, but the Commission declined to accept any
further adjustments and affirmed the fine for filing five months late.
-
8/3/11 -
73.3527
-
WBDG, Indianapolis, IN checked the "No" box on their 2004 license
renewal application, indicating Issues & Programs lists were missing
from 1996-99. The Commission rejected all arguments and kept
the $9k NAL fine against the Metropolitan School District.
-
8/3/11 -
73.3526
-
Once in a while, the machinery grinds a bit slow. WLBK, DeKalb, IL
managed to slide on
a $10k NAL, because the violations noted ended in 2004, while
the NAL was not issued until 2007. One might expect the FCC will try
not to let this much money slip through their fingers again.
-
8/3/11 - 73.3539
-
Another reduction concerns a translator in Fayetteville, AR. A late
renewal originally drew a $4k fine, but the FCC reduced
the NAL to $500 as a policy in dealing with translators.
-
8/1/11 -
73.3598
-
Not only for license renewal, but there are penalties for late filings
of Form 302 (Application for License, filed after a construction under
a CP (Construction Permit) is completed. WKLC in St. Albans, WV,
somehow did not remember to file their 302 on a CP that expired in
July 2007. WKLC apparently discovered the omission while preparing
their license renewal, due June 1, 2011.
The EB noted that in addition to the $3k fine for late filing of the
302, the four years of operation without a license was subject to a
$10k fine. This was reduced to $4k and an
NAL for $7k was issued in this case.
-
7/29/11 -
73.3526
-
In a variation on the "my dog ate my homework" excuse, HK Media's KFOX
in Torrance (LA), CA, claimed water damage destroyed their Public File
in May 2010. However, in late September 2010, during an inspection by
the EB, no one could locate a Public File. The
NAL for $10k notes that the station started to recreate the
Public File the week after the inspection - which was not
considered a good enough excuse.
-
7/25/11 -
73.1212,
317, and 507 -
Emmis Communications made a voluntary contribution of $12k to
the US Treasury as they signed off on a
Consent Decree regarding KROX-FM in Buda (Austin), TX. The station
had been tagged for possible payola charges in 2007 relating to the
station and a show host receiving "valuable consideration" from
artists who wanted to get airplay.
-
7/22/11 -
73.3539
-
Renewal issues cost KJCB(AM), Lafayette, LA, an
NAL for $13k. When the renewal was filed two weeks late in
2004, it was dismissed due to a delinquent debt to the Commission.
Apparently, the station did nothing until the FCC notified them in
April 2010 that they were operating a deleted station. In the
meantime, another station filed a CP that assumed the then DKJCB was
history.
The station finally filed a renewal application in June 2010 - but
continuing to broadcast for nearly a year more, a total of six years
without a license. The EB ticked them $3k for the original failure to
file properly, and $10 for, essentially, being a pirate for six years.
-
7/22/11 -
73.3526 -
Two Citadel stations in Louisiana won a reduction from a 2004 NAL of
$18k for Public File violations. The
NAL was reduced to $8K, as the EB noted some of the violations
occurred before Citadel acquired the stations.
-
7/19/11 -
11.35,
73.49,
73.3526 -
The EB has issued another
NAL for $25k. WGTM in Wilson, NC was found upon inspection to
have no Public File, no EAS equipment, and an open fence around an
energized tower. A series of apparently conflicting statements
led the EB to assess $8k for the EAS Violation, $7k for the unlocked
or missing tower fence, and $10k for the missing Public File.
-
6/30/11 -
73.1125,
73.3526 -
We close the month of June with a big one:
a whopping $25k NAL issued to KBPO in Port Neches, TX for
failing to have the Main Studio properly staffed and for Public File
Last December, the FCC agent made several attempts to inspect the
station's Public File, but found the station locked. When someone was
finally found, it was an announcer who could not produce a complete
Public File, saying the owner was in Mexico for another 10 days. A
return visit and ... yep ... no station owner. According to the NAL,
the agent was told the owner would return "sometime in January."
The EB agent was not amused and the fine was factored up from $17k to
$25k.
-
6/29/11 -
73.3527
-
Colby-Sawyer College's WSCS (FM), New London, NH received an
NAL for $10k for Public File violations - 14 missing Issues &
Programs filings. Blaming it on the student operators was a
non-starter; the Commission noted the responsibility for such matters
is with the licensee. Thus the buck - all 10,000 of them - apparently
will stop there.
-
6/29/11 -
73.3539
-
The
NAL to WTBR for $5.6k. The Pittsfield, MA station filed for
renewal four and a half months late in 2005. The reduction was noted
to be for the station's unblemished record going back to the 1970s.
-
6/29/11 -
73.3539
-
The
NAL to KZUE for $4k. The El Reno, OK station filed for renewal
five months late in 2005.
Two aspects of this are worth noting: 1) Although the fine came late -
more than a year after the event, the EB switched the actual
infraction from "late filing" to "Willful operation without a
license," and 2) The station claimed it "thought" its electronic
application was accepted when the FCC site "validated" the
application. The EB holds that it is not their fault when the
applicant makes an error in the filing procedure. However, the EB did
reduce the fine from $7k to $4k.
-
6/23/11 -
73.3539,
73.3526, and Section 301 -
The EB is showing no tolerance for late renewal applications. An
NAL for $12.8k was delivered to Manuel Huerta, owner of WJHX,
Lexington, AL. It appears he was three weeks late.
The EB noted that under Section 301, he was operating an unauthorized
station by not having filed to renew. The renewal application also
included a confession that no Issues & Programs lists were placed in
the Public File for two years. The fine was reduced by $3,200 upon
petition, but is still a reminder that as the renewal dates come, they
are not to be missed!
-
6/22/11 -
73.3539
WKWL, Florala, AL, will need to enrich the US Treasury by
$1,500 as their appeal of a Forfeiture Order based on the late
filing of their last renewal application.
-
6/20/11 -
73.3526
WLSW, Scottdale, PA was tagged with
an NAL for $15k for missing quarterly Issues & Programs lists.
The station claimed that "a person or persons had gone through the
file and that some items had been removed.... " The station committed
to replacing or constructing new files to replace the missing ones.
The problem was that a year later, Issues & Programs lists were still
missing. For ignoring the results of the FCC inspection, WLSW got a
50% increase in the fine.
-
6/7/11 -
73.3527 KSLC(FM) Linfield College in McMinnville, OR received
an NAL for $8k for failing to keep the Public File up to date.
It appears that the fine, reduced from $10k, was triggered when KSLC
told on itself: on their last renewal form they certified that items
from 1999-2001 were missing from the station's Public File. This
"gotcha" from the renewal form tends to play right into the EB
lawyers' hands.
-
6/2/11 -
11.35 CRS Radio Holdings in Spring Lake, NC received
an NAL for $8k for a failure to have an operating EAS
Receiver. This NAL stems from inspections in 2008.
-
6/1/11 -
17.51,
17.48 Big Fish Broadcasting received a
$7k Forfeiture Order for failing to maintain tower lights on
two separate towers. An FCC inspector found the lights out and power
turned off over a period of over six months. Additionally, Big Fish
had not notified the FAA until after the FCC inspection. The original
fine was $20k, but was reduced due to alleged inability to pay.
-
5/26/11 -
73.3526 (UPDATED!) The Public File was the subject of four
different NALs this week so far. Della Jane Woofter got an NAL for her
station in Glenville, WV, WVRW. It seems that Ms. Woofter had
neglected the Issues & Programs lists for nine quarters. The
cash register at the EB rings up another $10k.
Apparently not to be outdone, Stephen Peters at WHAW, Lost Creek, WV,
did not have any Issues & Programs lists in the file.
The NAL for this one was also $10k.
Over in Washington, NC, Media East LLC received an NAL for $10k
for not having a complete Public File - that is, anything after 2006.
The manager was said to have thought the rest of the file was at the
company's headquarters in Statesville, NC. - only about 250 miles by
road. The agent was not amused and
the EB affirmed a $10k NAL.
And if that was not enough, Blue Skies' KSKT-CA in San Marcos
(Escondido), CA apparently had no Issues & Programs list since the
station was licensed in 2001. For almost ten years of failing to do
the lists, the
EB
assessed $14k.
-
5/19/11 - 73.1350,
73.3526 - Entertainment Media Trust drew two fines today from
the EB for infractions at two sets of sister stations in the St.
Louis, MO area. KZQZ was found to not be switching directional
patterns, and with sister KQQZ missing Public Files and NRSC
measurements.
That cost $25k. On the other side of the Mississippi,
more missing Public Files at WQQX and WQQW added
another $24k to the tab.
-
5/17/11 - 11.35,
73.1400(a),
73.3526 - Poverty saved this station from a total of $21k
in fines. The
NAL for $5.5k was issued after WCLM, Highland Springs, VA
pleaded their inability to pay the full amount for not having a
functioning EAS receiver, remote control and Public File. According to
the station, their remote control had been out of service for over a
year.
-
5/17/11 - 73.49,
73.3526,
11.35 - Another case of failing to maintain the fence around
an AM tower. Station personnel admitted the fence had been missing for
"about a year." Lack of a Public File and no EAS receiver for
over 60 days added to the faults at WIRJ, Humbolt, TN.
The NAL will cost WIRJ $25k.
-
5/17/11 - 73.49 -
Failing to properly enclose the towers and keep the ATU huts locked
brought
a
$7k NAL to WWSM, Annville-Cleona, PA. Not only did the owner
admit to knowing about the problem, but it took the agent almost a
week to reach the station's general manager.
-
5/16/11 - 73.1125,
73.1745(a),
73.3526 - KVOZ, Del Mar Hills, TX, racked up a
$21k NAL for violations of the Main Studio and Public File
Rules and operating at a major variance from the station
authorization. The 10 kW/day, 1 kW/night station was operating a 3 kW
around the clock "for several months."
-
5/5/11 -
11.35(a),
17.47,
17.50, and
73.3526 - KANR, Belle Plaine, KS owner Daniel Smith dodged a
$25k bullet (see 11/12/10 below) for a series of
violations. The EB
reduced it to $11,500, which it deemed to be "7.7%
of Station KANR's average gross revenue."
-
5/4/11 -
17.51
- CBS' KNX, Los Angeles was sent
an NAL
for $10k after an FCC employee noticed the top beacon was not
working. Five days after an inspector called the FAA with the NOTAM,
KNX filed one. The station acknowledged the person tasked with
monitoring the light had not done so.
-
5/4/11 -
73.3526
(e) (12) - Pilot Media and WIBL, Fairbury, IL WLBH-FM in
Mattoon, IL, was issued
an NAL
for $4000 because the Issues & Programs list was missing - as
were the three previous lists. A minor plus: the station saved $6000
because the inspector found the Public File "mostly complete."
-
5/4/11 -
73.35
&
73.1125(a)
- WLBH-FM in Mattoon, IL, was cited for having tower fencing that
was falling down or missing around a four-tower DA. Also, no one was
at the Main Studio when the FCC came calling, nor did anyone answer
the telephone (which did not have voicemail). Together,
a fine of
$14k was assessed.
-
3/23/11 -
73.3539(a), Section 301 of the Communications Act of
1934 - KWTS-FM, Canyon, TX was let off on a fine for
filing their renewal application late, but got dinged anyway
because of not having an STA for the operations when
they had no license. All in all, it cost $3,200, plus
lawyers fees on that one.
-
3/4/11 -
73.1745(a) - Clarion Country Broadcasting's WQKW,
Oil City, PA was fined $4k for
operation after the times detailed in the license.
-
3/4/11 -
73.3526 - Multicultural Broadcasting's NYC stations
WZRC and WKDM were cited for
failure to keep a complete political file in the
Public File.
-
2/28/11 -
73.3526 (e)(12) - WWIZ, Mercer, PA, has received an
NAL for $10k. The forfeiture is for a Public File
that did not have the last nine quarterly Issues and
Programs lists.
-
2/17/11 -
73.1206 - The FCC Enforcement Bureau apparently is
trying to make a statement of some sort. This time a
$25k fine was issued, to the Spanish Broadcasting
Systems WZNT, San Juan, PR, for broadcasting two prank
phone calls without the recipient knowing and giving
consent.
One of the reasons given (paragraph 7) for the relatively
high fine is that this is not the first time SBC has
been before the FCC for this reason. WXJD, WSKQ, and WCMQ
also have received fines for similar infractions. The
footnote 36 shows how the fines have escalated from the base
$4k in a violation going back ten years.
-
2/7/11 -
73.3527(c) - KCET-TV, Los Angeles, collected a $10k
NAL (Notice of Liability for Forfeiture) from the FCC for
demanding a member of the public make an appointment
to see the stations' Public File.
-
1/31/11 -
11.35(a) - Even as FEMA mulls the Alaska EAN test,
the FCC EB issues a $10k fine against WWRR Scranton, PA. It
seems this station had no EAS receiver from 2006
until well after an inspection - despite a note in the
maintenance log in 2008 noting the non-compliant status of
the station.
The FCC NAL is here.
-
12/3/10 - A couple of
interesting proposed forfeitures this week:
1.
73.1125(a) - A $10,000 forfeiture has been proposed
for Pennsylvania station WQOR, cited for not having a
"meaningful management and staff presence." The station was
visited and advised of the Main Studio Rule Violation,
but did nothing at all. A subsequent visit three weeks later
found exactly the same conditions. A "Director and Officer"
of the station was contacted - and told the agent "she was
not aware of the main studio requirement... "
The FCC
Notice of Apparent Liability is located here.
2.
73.1745(a) - A $6,000 forfeiture has been proposed
for KCKX, OR, which did not lower power at sunset
from 1000 Watts to 15 Watts as required. The station owner
told this agent that he knew he was required to reduce power
under Section 73.1745(a), but "it was too expensive" to do
it.
-
11/12/10 -
11.35(a) - In one of the more bizarre NALs (Notice
of Apparent Liability for Forfeiture), the
EB has tagged station KANR, Belle Plaine, Kansas for not
having an operational EAS box for somewhere between four
and ten years.
According to the response to the FCC, KANR disconnected the
power cord to their EAS "sometime between the year
2000 and the year 2006 and had remained inoperable since
then."
The station had no idea when its last EAS test was conducted.
17.47,
17.50,
73.3526 -
The inattention to following the FCC Rules was also noted in their
failure to renew the paint on the tower or make the daily
observation of
the tower lights, which were either dark or not flashing. (The
station "offered" an observation was made sometime during
the daytime!) And then there is the little matter of a
Public File that was missing the required
Issues/Programs lists the past two years.
-
8/25/10 -The
FCC has released news of a couple of fines this week that, if nothing
else, offer a few things for stations and engineers to put on their
list to "check" for compliance:
-
a station in Santa Monica,
CA was cited for not monitoring the proper stations for
EAS purposes. KCRU had apparently changed from the
assigned stations, but never checked with the state and
local coordinating committees.
-
a contest was ruled bad
because the station, WWEG(FM) had picked a winner before
the stated end of the contest - and sure enough, a
listener showed up and after not being allowed to enter the
contest, filed a compaint with the FCC.
The upshot: a $4000 fine.
-
WWWK pulled an $8500 fine for not having the Main
Studio manned during business hours and EAS gear that
did not work.
|
|
|
|