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FCC Upholds EAS Fine Against KFSD

Enforcement Bureau says EAS gear wasn’t working during inspection

The FCC upheld a $4,800 fine against North County Broadcasting Corp. for not having working EAS gear at KFSD(AM), Escondido, Calif.

The licensee had asked the commission to reconsider, saying it couldn’t pay the fine.

The Enforcement Bureau said in its earlier decision that North County didn’t submit documentation to back up its claims that the broadcaster couldn’t pay the fine, however the bureau cut the monetary amount from $6,000 to $4,800 last year “based on NCBC’s good faith effort to troubleshoot the EAS equipment failure” before an inspection in 2010.

In its latest decision, the Enforcement Bureau said reconsideration of a previous decision is appropriate where the applicant demonstrates the FCC made an error or the applicant raises new or additional facts, noting that a request for reconsideration that just reiterates arguments that were previously considered and rejected will be denied.

That’s what the bureau says North County did and that’s why the bureau is rejecting the petition.

North County must pay the fine within 30 days or the case may be turned over to the Justice Department for collection, according to the FCC.