FCC Denies Two Appeals, Upholds Fines
April 26, 2013 at 3:56 AM (PT)
The FCC has denied the Application of Review by MT. RUSHMORE BROADCASTING, INC. of a $17.500 fine for public file, EAS, and STL violations at Silent KRAL-A and KIQZ/RAWLINGS, WY. The station was found to have failed to make quarterly issues/programs lists available for inspection, failing to have its EAS equipment ready, and operating STL WHB734 from other than its licensed location.
The appeal challenged the characterization of the file violation as "repeated," claimed that the violations were not intentional, said that the Commission should have taken into account corrective actions taken after the inspection, and called a substantial fine on a financially failing station "confiscatory." The Commission rejected all of MT. RUSHMORE's arguments and upheld the fine.
The Commission also denied the appeal of ELY RADIO, LLC of an $11,000 fine or the alleged failure to pay fines for lighting violations of the tower and change of ownership of the tower of KWNA-A/WINNEMUCCA, NV in 2008. ELY claimed that it did not own the tower at the time of the violations but was merely the lessee from former owner SHEEN BROADCASTING CO., but SHEEN said ELY had purchased the tower. The Commission, through the U.S. Attorney's NEVADA office, is suing ELY to force payment of the fine.