FCC Nixes Appeal Of Expiration Of Utah AM's License

No, No... Yes

The FCC has rejected INCA COMMUNICATIONS, INC,'s request to have the expired license of Silent KXOL-A/BRIGHAM CITY, UT reinstated.

The license for KXOL expired as a matter of law on NOVEMBER 21, 2014 after two Silent STA terms because the station was off the air for more than 12 consecutive months (due, the licensee said, to the illness of President and GM NICOLAS VICENTE).  The station's license was cancelled and calls deleted, although KXOL resumed broadcasts on APRIL 22, 2015.  "Neither VICENTE’s health problems nor his minority status constitute compelling reasons beyond Inca’s control," the Commission responded.

In addition, the Commission denied PECONIC PUBLIC BROADCASTING's Petition for Reconsideration of a $10,000 fine for public file violations at noncommercial WPPB/SOUTHAMPTON, NY.  PPB had disclosed the absence of 13 quarterly issues-programs lists in its license renewal application, starting when the licensee took over operation of the station in DECEMBER 2010, but said it had later recreated the lists based on program logs housed in the same room as the public file at the station and requested a reduction of its fine because the violation was inadvertent and also claimed hardship.  In its appeal, PPB added arguments that financial factors disparately affecting small broadcasters must be considered in determining ability to pay, that the station should be treated with the leniency afforded student-run stations, and Commission was required to take official administrative notice of Peconic’s revenue information, but the Commission rejected all three arguments.

And the FCC reinstated and granted the application of THE LOS ANGELES SOCIAL JUSTICE RADIO PROJECT for a new low power FM on 107.9 FM at the northwest corner of the SAN FERNANDO VALLEY in LOS ANGELES over the objection of co-channel CALVARY CHAPEL OF COSTA MESA Contemporary Christian KWVE/SAN CLEMENTE, CA and second-adjacent UNIVISION Spanish AC KLVE/LOS ANGELES.  The application had been dismissed because amended specified coordinates landed the station's tower in the CHATSWORTH NATURE PRESERVE and reservoir, for which the objectors noted the applicant likely did not have reasonable assurance of availability, and another supplement correcting the coordinates to place the tower on adjacent private property was deemed untimely.  The applicant appealed, saying that it did have reasonable assurance and merely made an error in the coordinates which was subsequently cured. The FCC, on appeal, held that the Media Bureau had erred in thinking that the applicant needed reasonable assurance for the mistaken coordinate site and the final, corrected site at the time of its initial application.

Also, JEFFERY M. JENNINGS' application for changes to K223CN/CEDAR CITY, UT has been dismissed under the "red light" policy of the Commission due to unpaid debts owed the Commission.

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