FCC Proposes Fines Against NYC Translator, Mississippi AM, Denies 3 Daughters Challenge To WLNI Sale Again
November 14, 2013 at 12:23 PM (PT)
The FCC has proposed a $3,000 fine against APPLE 107.1, INC., licensee of FM Translator W292DV/NEW YORK, for failure to comply with the translator transmitter accessibility rule, but granted an STA for the station to move to LONG ISLAND CITY, QUEENS and denied challenges from PRESS COMMUNICATIONS, licensee of co-channel Country WKMK (THUNDER 106)/EATONTOWN (MONMOUTH-OCEAN), NJ.
The fine arose from a temporary operation at a site in SUNNYSIDE, QUEENS, where APPLE still has an application pending and where the transmitter was only accessible after 9a on weekdays; a dispute arose over whether APPLE actually was able to operate the transmitter in sufficient time to avoid losing its permit, but the Commission accepted a sworn declaration from the landlord to show that the station did operate in that time. The Commission also rejected a spreadsheet list of listeners to WKMK in the LONG ISLAND CITY coverage area as insufficient to reject the STA there.
The Commission also proposed a $1,500 fine against PERIHELION GLOBAL, INC. for a late license renewal application for WTKN-A/CORINTH, MS.
In the latest chapter of the saga of GARY BURNS' 3 DAUGHTERS MEDIA's challenge to the sale of Talk WLNI/LYNCHBURG, VA to CENTENNIAL LICENSING, LLC., the Commission denied BURNS' Petition for Reconsideration and upheld the grant of the sale. The FCC rejected 3 DAUGHTERS' argument that since WODI-A/BROOKNEAL, VA had gone dark, it should not be counted among stations in the relevant market; the Commission noted that the station was operational at the time of the decision. Also excluded from the metro was WVBB/ELLISTON-LAFAYETTE, which the Commission noted was excluded initially due to 3 DAUGHTERS' own efforts and characterized 3 DAUGHTERS' contention that it should count in this case to be "disingenuous."