FCC Fines Malibu LPFM For Technical Violations During Channel Change Process

Fine

The FCC has proposed a $6,000 fine against ZUMA BEACH FM EMERGENCY AND COMMUNITY BROADCASTERS, INC. for operating low power FM KBUU-LP/MALIBU, CA for about a month using "a hybrid of its authorized facilities and new facilities for which it held a construction permit but had not yet filed a license application."  However, the Commission also affirmed its grant of the station's move to a new frequency, over the objection of FUTURE ROOTS, INC., permittee of KLDB-LP/LOS ANGELES.

ZUMA, licensed since MARCH 2015, applied for a new facility and frequency -- 99.1 FM, the same frequency as KLDB-LP -- in AUGUST 2017, citing interference on its former 97.5 FM channel from EMF Contemporary Christian KLSB/GOLETA, CA and ENTRAVISION KLYY/RIVERSIDE, CA.  The move was challenged by a Petition to Deny filed by FUTURE ROOTS on the same day the Commission approved the changes; Minor changes for LPFMs are not subject to Petitions to Deny, so the Commission considered the filing as a minor objection and rejected the challenge.  An appeal claimed the new facility causes co-channel interference with REACH FOR THE TOP low power KTPC-LP/VENICE, CA (which filed no objection) and its own station. which the Commission said depended on Longley-Rice studies that are inapplicable to LPFMs.

Regarding the operation at variance with its authorization, KBUU was on the air with "a hybrid of its licensed antenna pattern combined with the higher power and different channel intended to be used with a new antenna pattern it had not yet implemented" for about a month, which ZUMA blamed on its GM's medical issues and Red Flag Warnings that prevented it from properly reorienting its antenna.

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