$8,000 EAS Fine Against Former Licensee Cancelled

Action Radio asked that the fine be eliminated or reduced based on past good compliance history; it also said it didn’t have enough money to pay.
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The FCC cancelled an $8,000 fine against Action Radio, former licensee of KZZR(AM) and KQHC(FM) in Burns, Ore., a fine that had been assessed for failing to ensure EAS equipment was working.

In response to a complaint in 2007, an Enforcement Bureau agent inspected the stations and found the Sage encoder/decoder wasn’t working, according to the agency’s account. The GM and assistant GM acknowledged that the stations had not conducted any EAS tests or alerts for over a year and soon after the inspection the commission levied the fine.

FCC rules require stations to ensure that EAS encoders, decoders and Attention Signal generating and receiving equipment are installed and operational. Stations must also figure out the cause of any failure to receive required monthly and weekly EAS tests, and indicate in the log why any required tests were not received, and when defective equipment is removed and restored to service.

Action Radio didn’t deny its EAS gear wasn’t working but asked that the fine be eliminated or reduced based on past good compliance history; it also said it didn’t have enough money to pay.

Looking at its records, the agency agreed with Action’s assessment of its history and after reviewing its financial information, agreed that paying the fine would impose financial hardship. Additionally, Action is no longer the licensee “and appears to have no assets” since the station sale, according to the commission.

So the FCC cancelled the fine and has simply admonished Action.

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