FCC Fines Translator Licensee For Airing Separate Programming From Primary Station

Fine

FM translators can't originate their own programming, so the FCC has proposed a $4,000 fine against TEA-VISZ, INC. for violating that rule at W272AY/PARK FALLS, WI but has also rejected HEARTLAND COMMUNICATIONS LICENSE, LLC's petition to deny the translator's license renewal.

HEARTLAND complained that TEA-VISZ originated "countless hours of its own programming," went silent several times without notifying the Commission, failed to notify the Commission that it rebroadcasts J&J BROADCASTING, INC. Classic Rock WIMI (99.7 THE STORM)/IRONWOOD, MI, and had a "prohibited business association" between its President SCOTT A. REINHARD and J&J principal GERALD HACKMAN.  The separate programming included the translator airing music while WIMI aired a GREEN BAY PACKERS game, which TEA-VISZ admitted but ascribed to an engineer's error in connecting the remote control switch, setting it up to air music instead of silence during PACKERS games (which could not be rebroadcast due to territorial restrictions). 

But as for the other complaints, the Commission did not find the silent period (one month in 2008) warranting a fine, the station provided evidence that it did notify the Commission of its primary station, and accepted TEA-VISZ's affirmations that REINHARD and HACKMAN had no relationship other than the agreement to rebroadcast WIMI.

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