FCC Fines Stations For Recording Call Without Permission, Airing Ads On Noncomm

Several Rulings

NASSAU BROADCASTING III, LLC gets one FCC slap on the way out the door of its ownership of Classic Hits WWEG (106.9 THE EAGLE)/HAGERSTOWN, MD with a proposed $2,000 fine for recording a telephone call for broadcast without prior notice to the other party.  The complaint involved the PHIL AND ARIANNA Show on MAY 27, 2011, on which two calls were made with the recipient allegedly unaware and not giving consent beforehand.  The complainant alleged that NASSAU attempted to "bait [complainant] into a conversation regarding a previous dispute with a neighboring business which conducts considerable business with [NASSAU]."  NASSAU admitted that the first call was recorded but said that the recording stopped when consent was denied and the call was never aired.  Not airing the call is not considered exculpatory evidence by the FCC, with intent to broadcast being paramount even if the call is not aired.

In addition, the FCC fined CESAR CHAVEZ FOUNDATION $12.500 for airing impermissible advertisements on noncommercial KUFW/WOODLAKE, CA.  The licensee claimed that ads for MARIO'S AUTO SALES, BIG BRAND TIRE, and MUEBLERIA LA TAPATI were not commercials, but the FCC noted that the ads included comparative and qualitative language.

The FCC also hit MOUNT RUSHMORE BROADCASTING, INC. with a proposed $21,500 fine for main studio, inspection, and equipment rules violations at KZMX-A and KZMX-FM/HOT SPRINGS, SD.  The Commission said the stations were in violation by failing to maintain a management or
staff presence at the main studio, failing to maintain a local telephone number in its
community of license or a toll-free number for either station, and failing to make the Stations available for inspection, and also operating the FM with circular polarization rather than the authorized horizontal polarization.  A former employee visiting the station while an agent was on hand told the agent that nobody had been to the studio for more than a year.  The stations went silent in JUNE 2011.

And Notices of Unlicensed Operation were issued to CLAYON GAYLE and PAMELA GENTLE (90.3 FM, BALTIMORE); CITY AUTO SALES CORP. (91.7 FM, UNION CITY, NJ); GRAVIA JOSEPH (88.5 FM, SPRINGFIELD GARDENS, NY); VICTOR MILLER (91.7 FM, BRONX, NY); PILLARS, LLC (101.5 FM, MT. VERNON, NY); ALEX REEBAK (92.9 FM, FEASTERVILLE-TREVOSE, PA); LEO M. SCHREIBER (88.5 FM, BROOKLYN, NY); JOREL JOSEPH (88.5 FM, BROOKLYN, NY); ANKER MANAGEENT CORP. (91.3 FM, BRONX, NY); 520 REALTY NY INC. (91.7 FM, BROOKLYN, NY); WATNE MITCHELL (99.7 FM, BROOKLYN, NY); TAG REALTY (106.1 FM, BROOKLYN, NY); CHRISTOPHER WORKMAN (106.1 FM, BROOKLYN, NY); and ALSACIA FERRIERA (94.3 FM, PATERSON, NJ).

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