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Commission Reduces Fine Against Pembrook Pines

The Buffalo Field Office had originally issued a Notice of Apparent Liability of $19,000 early last year.

It never hurts to ask.

The FCC Enforcement Bureau has finalized a fine of $15,200 against Pembrook Pines Elmira Ltd., which owns AM stations WEHH and WELM in the state of New York.

The commission said the owner had failed to comply with antenna structure lighting requirements, notify the FAA of an antenna structure light outage or operate its stations consistent with the modes and power authorized in their licenses.

The Buffalo Field Office had originally issued a Notice of Apparent Liability of $19,000 early last year. The company didn’t dispute the findings but asked for a reduction because the FCC previously had not treated failure to notify the FAA as a separate violation and because the station had a history of compliance.

The commission rejected the first argument, saying “We believe that it is appropriate, and consistent with precedent, to assess an additional $3,000 forfeiture where there is evidence that the tower owner knew of a light outage prior to the inspection by FCC agents and failed to notify the FAA.”

But it accepted the second and cut the fine by $3,800.

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