FCC Report 5/1: Roger Wahl Given Final Opportunity To Treat License Hearing With “Appropriate Seriousness”
As the license revocation hearing against Roger Wahl’s Oldies 93.3 WQZS Meyersdale PA continues, FCC Administrative Law Judge Jane Hinckley Halprin is warning Wahl to treat the proceeding with “appropriate seriousness”.
Judge Halprin states that Wahl is “put on notice that any additional failure to satisfy a deadline or follow an order could provide a basis for dismissal of this proceeding, which, in turn, will lead to revocation of his FCC license” and gave him one more opportunity to comply with the order given earlier in the proceedings. She wrote that she has “endeavored to be as clear as possible in informing Mr. Wahl of his obligations” as the FCC procedures can be confusing for a non-attorney, but that it is his responsibility to educate himself regarding FCC procedures as he has chosen to represent himself in the hearing.
Wahl was served a First Request for Production of Documents and Thing on March 14, with the response due within ten calendar days. On March 26, Wahl responded that he had emailed the response after receiving an error message trying to upload the documents to the FCC’s ECFS filing system. After a back and forth, Wahl was given until April 8 to respond by properly uploading the documents and to send a new email to the Presiding Judge, her Special Counsel, and the Enforcement Bureau transmitting those materials. He failed to do so nor did he respond to any additional communications.
Wahl is being given one final deadline to upload the documents, which now must be done by May 6 and email the Judge, Special Counsel, and Enforcement Bureau. He is also required to provide more complete responses to the FCC’s document request and interrogatories by May 25 as Halprin writes, “As Mr. Wahl is operating without counsel, and now that his filing obligations have been further explained, he will be given a significant but reasonable amount of time to provide the additional information required by this order.”
At its May Open Meeting, the FCC will vote on a petition by Educational Media Foundation and antenna manufacturers Dielectric, Jampro Antennas, Radio Frequency Systems, and Shively Labs to allow FM antenna directional pattern verification by computer modeling.
Currently applicants must verify a directional pattern with real world measurements by building a full-size mockup of the antenna and supporting structures or by constructing a scale model of the antenna and structures. The proposal would bring the FM directional antenna rules into conformity with other broadcast services.
As part of the rulemaking, the first time the directional pattern of a particular model of antenna is verified using computer results, the applicant would be required to submit both computer modeling and measurements and the current mockup or model. Once the particular antenna type or series of elements has been verified, subsecquent applications using the same antenna model number or elements and same modeling software can cross-reference the original submission.
The following licensees have reached consent decrees for failing to maintain their political files:
45 North Media Inc. licensee of WMJZ-FM Gaylord MI
Gow Media LLC licensee of KFNC Mont Belvieu TX
Inland Northwest Broadcasting LLC licensee of KMAX Colfax WA
Moy Communications Inc. licensee of KOKU Agana GU
Richard L. Garcia Broadcasting Inc. licensee of KDCE Espanola NM
Resonate Hawaii LLC licensee of KKOA Volcano, KBGX Keaau, KHWI Holualoa, KTBH-FM Kurtistown, KWYI Kawaihae, and KHBC Hilo HI
Socorro Community Radio LLC licensee of KYRN Socorro NM
FM Changes
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