DINGERS: 06/15/2012 - FCC broadcast related fines
A few years ago, REC did a podcast called "The REC Report" and it included a section called "DINGERS!" which was a rundown of the notices of apparent liability (NAL) and forfeiture orders (FO) that the FCC issued to broadcasters and other entities for rules violations. There have been quite a few of them this week:
Vision Latina Broadcasting - Texas - $40,000 double dinger - NAL
Vision Latina Broadcasting has been fined $25,000 due to public file violations at KBPO, Port Neches, TX. On an inspection, the station was missing various elements of the public file whcih resulted in a previous NAL. In that NAL, Vision Latina was directed to submit a statement under penalty of perjury that KBPO's file was complete, which they did. In a subsequent inspection, agents noticed that an issues-program list was not in the public file thus not making it complete. Vision Latina claims it to be an "oversight by the licensee". This $25,000 NAL was issued for a violation of §1.17 of the rules prohibiting submitting incorrect material factual information to the FCC and a $15,000 NAL was issued for the missing issues list.
A Radio Company - Puerto Rico - $25,000 - FO
The FCC has issued a $25,000 dinger to A Radio Company (that's their name) for failure to meet all of the terms of a consent decree agreed upon in 2008 to settle violations regarding tower fencing, public file and directional pattern violations. A part of the consent decree was an $8,000 voluntary contribution. A Radio did not make the voluntary contribution. In defense, A Radio stated in the response to the NAL that the sole owner's "businesses were closed and [that] [he] was left owing $70 million." All other businesses were involved in a bankruptcy, except for A Radio. A Radio claims to be in overwhelming debt and almost nonexistent cash and is unable to pay. The FCC sustained the $25K fine stating that A Radio failed to comply with an agreement and misrepresented themselves to the FCC. The FCC states that A Radio's failure to meet the agreements made in a consent decree undermines the value of consent decrees as an efficient means to resolve investigations without further expenditure of public resources.
EXIT-FM (FM pirate) - Florida - $15,000 - NAL
A $15,000 NAL has been issued to Pierre Nixon Jean of West Palm Beach, FL for unlicensed operation on 92.5 FM identifying as EXIT-FM. The station was selling advertising and agents from the FCC was able to confirm that Jean was the operator of the station based on information on Jean's Facebook page and station website. Jean has already moved out of the apartment where the station was located and the antenna was dismantled.
Debut Broadcasting - Mississippi - $14,000 - NAL
WNLA(AM) was dinged $14,000 for running too much power at night and for not notifying the FAA for tower lights being out.
Birach Broadcasting - Michigan - $4,000 - NAL
The FCC has fined WOAP(AM), Owosso, MI, a daytime-only station for operating at night. Last October, the Chief Operator of WOAP believed the station had post-sunset authority and that the station had a construction permit to allow for nighttime operations. In 2007, the FCC had granted post-sunset authority but suspended it within 2-weeks. There was also a previous construction permit granted for 50kW day/4.5 kW night directional that was never built. The Chief Operator felt that since a CP was previously granted that operating at night with low power would not cause any interference.
