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FCC Upholds STA, FM Transmitter Fines

Incomplete public inspection file trips up WCSM(AM) and WCMS(FM)

The FCC’s Enforcement Bureau has been busy.

The agency denied a petition for reconsideration from South Seas Broadcasting, former licensee of DWVUV(AM), Leone, American Samoa for $18,000.

The agency originally fined South Seas for operating the station at variance from the terms of its authorization.

The fine stems from 2008. South Seas argued it didn’t know it needed permission for the station to remain silent, the STA violation was an oversight and paying the fine would be a financial burden. The commission rejected those arguments before and this week rejected them again, saying South Seas has raised nothing new and ordered the company to pay within 30 days.

An $18,000 Notice of Proposed Liability against Inter-Tech FM for marketing an unauthorized FM transmitter in the U.S. has progressed to a Forfeiture Order. The FCC said in its decision the company also provided “incorrect” information to the agency “without a reasonable basis for believing that the information was correct.” Since the company didn’t respond to the original notice, the commission has reaffirmed the fine and told the company it has 15 days to pay.

And finally, the commission has proposed a $10,000 fine each for WCSM(AM) and WCMS(FM), Celina, Ohio for having an incomplete public inspection file.

Hayco Broadcasting admitted the issues/program lists for the fourth quarter of 2004 to the fourth quarter of 2006 were missing from the public file for both of its stations when Hayco applied for license renewals.

The commission does intend to grant the license renewals separately and in the meantime, proposed a $20,000 fine. Hayco can try to have that amount cancelled or reduced, or pay, within 30 days.