An interference complaint filed by Sumarrase Inc.’s Caribbean “Suga 95.7” WSGD-LP Lehigh Acres FL against Fort Myers Broadcasting Company’s W239CL Golden Gate has ended with a $2500 fine against the LPFM being proposed.
WSGD-LP began operations in January 2018 licensed to operate with 22w/62m with a one-bay, Shively model 6812B-1 non-directional antenna. When W239CL filed in early 2020 to upgrade to its currently licensed 250w vertical/-4m facilities, Sumarrase began filing interference complaints against the translator. FMBC countered that the complaints were procedurally defective, but also that WSGD-LP was not constructed with its authorized facilities. After first refuting those claims, Sumarrase later stated it had built the station with a two bay antenna as their consulting engineer was not made aware of the actual order and substitution. In addition to the $2500 penalty, which is being lowered from the base $5000 due to it being a secondary service LPFM, WSGD-LP must also either replace its antenna with the correct model or file a modification proposing to use the two-bay antenna.
Hochman Hawaii Five Inc. has agreed to a consent decree with a $10,000 fine for the unauthorized transfer of control of Country “Y106.5” KRYL Haiku HI. The company acquired the station in 2011 with four shareholders each holding 25 percent stakes: George Hochman, William Mays, William Poorman, and Cavaness Management. After Mays died in 2014, his estate transferred its stake to Poorman in 2017 giving him 50% control, but never filed for FCC consent. Poorman then transferred his shares to Hochman in November 2020, increasing the latter’s stake to 75% of the station. That would be filed in December 2020, but after Hochman “acquired de facto control of Licensee without prior Commission approval”. During the processing of the filing, the FCC became aware of the previous transfers and began the investigation that led to the consent decree agreement.
The commission has rejected Yaquina Bay Communications’ petition for reconsideration to revert the cancellation of the license of 102.7 KYTE Independence OR. KYTE’s license was cancelled in January with the deeming the license expired as the station did not operate from its licensed facilities for over three years.
Following KYTE’s license renewal application in September 2021, the licensees of 100.7 KPPT-FM Depoe Bay and 102.7 KIEV-LP Camas WA filed objections stating that KYTE was operating from an unauthorized transmitter site that did not provide coverage of Independence and was causing interference to their stations. KYTE had completed a move from Newport OR to Independence in September 2017, but filed an STA in May 2018 stating it was unable to operate from the new site on Bald Mountain “until generator is sent and returned from manufacturer for warranty replacement”. The STA sought to return to its former site on Otter Crest Mountain, which was granted until December 1, 2018. The objectors included spectrum analyzer readings noting that KYTE had continued to operate from Otter Crest beyond the expiration of the STA, which no renewal was ever filed. In a response to a letter of inquiry sent by the FCC, KYTE stated, “due to budget constraints the State of Oregon did not provide power to the site, forcing Licensee to purchase two generators with which to operate its transmitter. However, Licensee mistakenly purchased generators designed as backup and not primary generators, one of which failed and was returned to the manufacturer. The manufacturer advised Licensee that the generator was not designed for primary use, and further advised that it had failed due to the use of bad propane fuel. Licensee’s efforts to rectify the situation with the generator manufacturer, the propane supplier, and its insurer were unsuccessful. Because of the pandemic, Licensee was unable to afford to purchase a new generator, and it further lost its lease to the Bald Mountain Site.” The station claims it has been unable to find another site to provide coverage to Independence and asked for a short-term license renewal so it could find a buyer to reestablish service from Bald Mountain.
It its petition, Yaquina Bay Communications argue that it should have been only fined “because of equity and fairness due to the Commission’s treatment of other licensees and the once-in-a-lifetime poor economic conditions caused by the Covid 19 pandemic.” The commission contends that they have “failed to demonstrate how the COVID-19 pandemic, which did not commence until more than a year and a half after YBC commenced unauthorized operations, would warrant the exercise of discretion under the ‘equity and fairness’ provisions”. The FCC adds, “In the present case YBC’s difficulties ultimately stemmed from its business decisions in site selection and equipment purchases. YBC cannot rely on its mistaken belief that the initial technical STA need not have been extended beyond the expiration date the STA bore. Finally, YBC cannot blame its inability to replace faulty generators on financial problems caused by a pandemic that was 21 months in the future.” The response also says KYTE failed to make clear how they station would return to legal operating status as the former site does not cover its city-of-license of Independence and as the only station licensed to the community, it would be difficult to replace service.
Deletions
Radio Hawaii Inc. surrenders 1080 KWAI Honolulu. Radio Hawaii took the former brokered talk station silent last November due to financial difficulties.
Loud Media turned in the license of 1340 WVNR Poultney VT after taking the station silent on July 1, 2022 after selling the transmitter site land. The company says it was unable to find a new site to operate the station at.
Silent Notifications
Karlee Ortega’s 940 KDIL Jerome ID (to allow installation of combined antenna for 1480 KRXR Gooding)
Sacred Heart Radio’s 89.5 WHSS Hamilton OH (lost transmitter site on November 1, 2022)
St. Barnabas Broadcasting’s 1460 WMBA Ambridge PA (transmitter malfunction)
Covenant Communications’ 94.5 WNLI State College PA (loss of programming)
John Wallace Broadcasting’s 1590 WABV Abbeville SC (financial and technical issues)
95.1 Investments’ 95.1 KRGX Rio Grande City TX (loss of tower site for financial reasons)
East Texas Broadcasting’s 1490 KPLT Paris TX (storm damage to transmitter)
FM Changes
After applications filed in 2010, 2013, 2017, and 2020 with identical 42kW/614m facilities have expired unbuil […]
