Main Studio Fines Issued for KSYY, KUOL

Both Citadel’s KSYY(FM), Kingfisher, Okla. and SM Radio’s KUOL(AM), San Marcos, Texas were fined for not having a main studio presence within the community of license. The commission reinforced a previous $9,000 penalty for KSYY and reduced a fine for the same violation for KUOL.
The Dallas field office responded to a complaint about what was called KLGH in 2002. The calls were eventually changed to KSYY. An agent couldn’t inspect the station during regular business hours, as there was no staff at the main studio on one occasion in 2003. Later, the agent did make the inspection and noticed required documentation, such as the most recent ownership report, was missing from the public file. The agent gave a verbal warning to the engineer. During a subsequent inspection in August, the agent noted the same violations, and this time called the GM to bring the public file.
In March of 2004, the FCC fined KSYY $9,000. Citadel sought cancellation of the penalty, arguing that the field agent inspected the main studio in the morning before its normal business hours of noon to 9 p.m. Citadel said the commission has not defined “normal business hours” and shouldn’t be penalized. Because of the fine, it says it did move the hours of that location to 9 a.m. to 5 p.m. and now has managerial staff at that studio during those hours.
The FCC said in its decision that, “The meaning of normal business hours is that in which the business community normally conducts business, not the hours a station chooses to allow public access.” The commission upheld the fine for the main studio and public file violations.
In October of 2003, an agent tried to inspect KUOL at the main studio, but found it locked and unattended. According to the agency, SM’s technical representative told a field agent the only personnel staffing the studio was an unpaid volunteer who could go to the studio if asked.
In December of 2003, the commission fined SM Radio $7,000. SM didn’t contest the violations but asked for the penalty to be reduced, citing an inability to pay and past good compliance. The commission disputed the latter argument but cut the fine to $5,600 based on financial documents submitted by SM.