Fine Friday At FCC: Two Nicked For Public File Problems, One For Fallen Fence
July 27, 2012 at 12:48 PM (PT)
TOCCOA FALLS COLLEGE and DOUBLE O SOUTH CAROLINA CORPORATION have been fined $10,000 by the FCC for public file violations at, respectively, noncommercial WTXR/TOCCOA FALLS, GA and Classic Country WWNQ/FOREST ACRES, SC (since sold to DAVIS MEDIA). WTXR was missing quarterly issues/programs lists from MARCH 2006 through JUNE 2010; WWNQ was missing lists for several quarters in 2005 and 2008-10.
The Commission also proposed a $7,000 fine against ALASKA INTEGRATED MEDIA, INC. for failure to properly enclose the tower of Talk KOAN-A (FOX NEWS TALK 95.5 FM/1020 AM KOAN)/EAGLE RIVER-ANCHORAGE, the fence for which was missing some wooden planks.
SACRED HEART ROMAN CATHOLIC PARISH's application for a new noncommercial FM at WESTLEY, CA was dismissed by the FCC over Petitions to Deny filed by MODESTO PEACE/LOVE CENTER and CALVARY CHAPEL OF TURLOCK, INC, competing applicants in an allotment group for a new FM station in CENTRAL CALIFORNIA. The petitions alleged that the Commission missed one additional signal in the proposed service area that would reduce the first-service and second-service populations for the new FM. After review, the Commission eliminated all of the applicants as not meeting the requisite level of first and second noncommercial educational service.
And the Commission granted the sale by JERRY RUSSELL d/b/a THE RUSSELL COMPANY of AC KWRD-A/HENDERSON, TX to HANSZEN BROADCASTING for $100,000 over the objection of LARRY G. FUSS and PHILLIP BURR. FUSS alleged that the seller had failed to disclose its interest in other stations and that its other stations had been silent for over a year without authorization; he also alleged various rule violations, shoddy business practices, failure to file ownership reports with the Commission, and failure to pay regulatory fees. BURR alleged that he had a Time Brokerage Agreement with the station and the deal was terminated by RUSSELL, and wanted the Commission to wait until his litigation over the TBA, which included an option to buy, is completed. The Commission said that neither FUSS nor BURR had standing to file a Petition to Deny.and also determined that RUSSELL's muddled responses to questions of ownership of other stations "do not constitute either a misrepresentation, lack of candor, or a false certification." However, the Commission placed conditions on the deal that require RUSSELL to provide "advance notice and a full showing that he will fully discharge all Commission obligations relating to such license or permit" if he acquires an attributable interest in an FCC license or permit.