FCC Rejects Freedom Of Information Act Appeals In Merger Docket
March 7, 2008 at 11:52 AM (PT)
The FCC denies MICHAEL RAVNITZKY's Applications for Review of its denial of his Freedom of Information Act requests for materials relating to the NAB's FOIA requests in the XM-SIRIUS merger docket. RAVNITZKY first asked for the "administrative tracking file" for the NAB FOIA, and the Enforcement Bureau gave him 28 pages of records and withheld 34 pages of internal FCC e-mails based on FOIA Exemption 5.
A second RAVNITZKY filing asked for records after JUNE 5th, 2007, and after the Enforcement Bureau said it found no responsive records, RAVNITZKY appeaed and the Office of General Counsel came up with nine records and hundreds of pages, but withheld about 60 internal FCC e-mails. The latter response mooted RAVNITZKY's appeal of that action, said the Commission, and the other appeals were rejected on the basis that the FCC's withholding of the e-mails properly fell under the FOIA exemption and segregating "non-deliberative or not pre-decisional" material to be handed over would have been impractical.
More: Fines For EAS, Late License App, Phone Call Violations
Also, HISPANIC-MULTICULTURAL BROADCASTING ASSOCIATION has been fined $6,400 by the FCC for failure to install an EAS decoder at its low-power FM WJRN-LP/SUMMERFIELD, FL. The fine was reduced from $8,000 due to the licensee's inability to pay.
In addition, the Commission proposed a $7,000 fine against LONG POND BAPTIST CHURCH for a late license renewal application for WTBH/CHIEFLAND, FL and operating with an expired license. The FCC did, however, renew WTBH's license.
And WMGO BROADCASTING CORP.'s WMGO-A/CANTON, MS has been fined $6.400 for broadcasting a phone call without first telling the other party he was on the air. LUKE GORDON complained that WMGO owner/morning host JERRY LOUSTEAU called him to discuss something personal to GORDON and when he called back, he was not told that the call was being taped for playback the following morning on WMGO. The Commission reduced the fine from $8,000 for the station's overall record of compliance with the rules.