The operator of an AM station in upstate New York will have its license renewed and an objection denied, under a consent decree agreement with the FCC’s Media Bureau, after the station was found not to have properly maintained its online public file.
Daytime-only 1480 WRCK(AM) is a 5 kW station owned by Utica Phoenix Media, an independent operator. WRCK is licensed to Remsen, N.Y., with its transmitter located about 15 miles north of Utica.
The station currently simulcasts 1550 WUSP(AM) from Utica, which airs hip-hop programming under the “95.5 The Heat” moniker — a reference to WUSP’s FM translator, which is also based in Utica. WRCK was also heard on a 94.1 FM translator that broadcast atop Smith Hill, but it is currently silent.
Utica Phoenix filed to renew WRCK’s license in 2022. That May, Up Music Radio filed an informal objection to the WRCK application, arguing that the renewal should be denied. The commission said that Utica Phoenix never responded directly to the objection. The below is according to the commission’s account of the proceedings.
Former programming source files objection
Up Music Radio up until recently was heard on WRCK. In early 2024, Utica Phoenix filed a silent special transmitting authority, noting that it had lost its programming source. The station reportedly returned to the air later in the year with “The Heat” simuclast.
In its objection, Up Music Radio claimed that Utica Phoenix failed to upload any quarterly issues and programs lists to WRCK’s online public file between 2014 and 2017. It also cited late filings for Q3 and Q4 of 2020 and Q1 through Q3 of 2021. In addition, it alleged that Utica Phoenix had failed to upload political advertising information. Finally, UMR argued that Utica Phoenix provided no evidence it aired the required on-air announcements of its license renewal application.
However, Utica Phoenix acquired WRCK’s license in March 2018, so the FCC dismissed the objections related to the earlier period.
Quarterly issues and political ad requirements
Under commission rules, commercial stations must upload each quarter a list of programs that provide the station’s most significant treatment of community issues during the prior three-month period. The lists are due by the tenth day of the following quarter. Licensees must also maintain a file with specific information about certain types of political advertisements. Its rules also require each applicant for license renewal to certify within seven days of concluding its required on-air public notice announcements that they have indeed aired.
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The commission began its investigation and in December 2023, the Media Bureau issued a letter of inquiry regarding WRCK’s public file. Utica Phoenix responded a week later.
In its reply, Utica Phoenix stated that it had aired the required public notices and provided dates for those announcements. However, it acknowledged that it failed to upload a timely certification. It also said that it had never aired political advertisements since acquiring the license and argued that UMR’s objection on that point should be disregarded. The commission concurred.
Commission’s findings
The FCC concluded that Utica Phoenix failed to timely upload issues and programs lists for Q3 and Q4 of 2020 and Q1 through Q3 of 2021. It also found missing or late uploads from Q2 2022 through Q4 2024.
As a result, the commission entered into a consent decree with Utica Phoenix.
Under the decree, the broadcaster must implement a plan to ensure future compliance with its online public file obligations. One year into the agreement, it must submit a report to the Audio Division.
In exchange for these commitments, the FCC agreed to terminate its investigation and proceed with renewing WRCK’s license. A broadcast license renewal term is for eight years.
Within 30 days, Utica Phoenix must appoint a senior manager as a compliance officer, responsible for developing, implementing and managing its plan. Within the same 30-day period, the company must also create and implement the plan across all of its operations.
