FCC OKs WFGE Community Of License Change, KHOV Upgrade

Approving

The FCC has granted a change in community of license for FOREVER BROADCASTING Country WFGE (FROGGY 101)/TYRONE, PA to STATE COLLEGE, PA.  The move required a temporary waiver of the rules; the change was necessitated by ARBITRON having changed the station's home metro from ALTOONA to STATE COLLEGE in 2006, then eliminating the STATE COLLEGE metro in 2010 and moving WFGE back to ALTOONA, putting the company over the limit but grandfathered.  The change in community of license would eliminate the grandfathering, but the move to STATE COLLEGE would also take the station out of the ALTOONA metro and allow for compliance with the rules of 70 dBu coverage of the community of license (which it does not have in TYRONE).

The Commission recognized the "Catch-22" situation that the licensee "cannot change the Station’s community of license without triggering the need to come into immediate compliance with the ownership limits, and it cannot demonstrate compliance with  the ownership limits until the community of license change is complete and the Station is no longer listed  as 'home' to the ALTOONA Metro."

The Commission also approved the settlement between UNIVISION and GRENAX BROADCASTING II, LLC that would allow the upgrade of Spanish Hits KHOV (LA KALLE)/WICKENBURG, AZ to a Class C0 at a new site and moves GRENAX Talk KBTK/KACHINA VILLAGE-FLAGSTAFF, AZ to a new frequency.  The settlement also changes channel allocations at EHRENBERG and FIRST MESA, AZ and vacates a previous decision by the Commission to dismiss UNIVISION's proposal and accept a counterproposal by GRENAX to allot a new channel at MUNDS PARK, AZ.

Historic Tower Owner Ordered To Register, Comply With Lighting And Marking Rules

And the Commission ordered FIFTH STREET FUNDING, owner of the downtown LOS ANGELES building atop which sit the landmark towers used by KRKD-A/LOS ANGELES in the 1930s, to register the towers with the Commission and comply with lighting and painting regulations.  The towers, visible in a large area of downtown, have the KRKD calls on them and were used for the radio station in 1932-38.  One tower was registered with the Commission in 2001, but a FEBRUARY 2013 inspection found lighting and marking violations and a lack of an FAA air safety structure or FCC registration for the second tower.

Commission Sues Defunct Station Licensee For Non-Payment Of Fine

The FCC is also suing SPIRIT BROADCASTING for failure to pay a $25,000 fine for EAS, tower enclosure, and public file violations at now-defunct Urban Inspirational WGTM-A/WILSON, NC.  The suit was filed by U.S. Attorney THOMAS G. WALKER  in U.S. District Court in the Eastern District of NORTH CAROLINA on NOVEMBER 19th, looking for $25,000 plus interest and costs.

The suit alleges that the Commission sent the former licensee a payment demand on APRIL 10th and has not received payment.  Copies of the Notice of Apparent Liability for Forfeiture and Forfeiture Order were returned as unclaimed.

WGTM's license was deleted on DECEMBER 2nd, 2011 due to failure to file a license renewal application.  It went silent in 2010.

Ownership Report Deadline Moved Again

The FCC has changed the deadline for filing Form 323 biennial ownership reports due to a scheduled power outage.  The Commission previously extended the filing date to DECEMBER 20th due to the federal government shutdown, but due to the power outage, the deadline for filing has been moved to 7p (ET) on that day.

Second Quarter Inquiries And Complaints Totals Released

In addition, the Commission released its second quarter 2013 consumer inquiries and complaints figures, showing that 3.828 complaints were received on radio and TV broadcasting, mostly involving programming complaints other than indecency and obscenity.  Consumer inquiries on radio and TV broadcasting totaled 1,685 for the quarter.

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