FCC Report 12/19: Hispanic Target Media Loses Two Licenses For Constructing On Wrong Tower

Deletions

The FCC has deleted Hispanic Target Media’s 92.7 KQQH Wasco and 107.7 KZQT Kettleman City CA for being constructed on the wrong tower thus not operating within their licensed for over a 365 day period. Both stations signed-on in November 2016 from towers owned by American Tower, although both stations were licensed to operate from sites owned by Crown Castle. KQQH was constructed .55 miles from where it was supposed to, but KZQT was 5.5 mile away from its licensed facility. Hispanic Target Media confirmed to the FCC that it failed to construct the stations properly in STAs filed in 2018 and 2019 following visits from the enforcement bureau in 2017 blaming “confusion on the part of its engineering team” as the reason. The company is also required to include a copy of the cancellation order on any application it makes for the next five years

After having to go silent in June after its tower cracked and burned holes at its base, Wheeler Broadcasting’s former “Key Country 1490” KEYG Grand Coulee WA has turned in its license.

FCC Actions

The FCC has opened a comment period for a proposed rulemaking to adjust the FM Table of Allotments and an order of show cause to S Content Marketing. B Plus Broadcasting petitioned the FCC to reinstate their application to relocate 100.5 KRNR Goldthwaithe TX to 92.7 by seeking S Content Marketing’s 106.1 KNUZ San Saba to remain on that frequency as opposed to building out its move to 92.7 that has been pending since March 2017. The move would then open up 100.5 for a new allocation licensed to Hamilton TX.


The FCC has rejected Urban One Broadcasting Network’s petition for reinstatement of its expired CP for 97.7 WURB Cross City FL. Urban One Broadcasting Network closed on its purchase of the WURB CP with an expiration date of July 21, 2014 in March 2013. After being denied the ability to toll its CP after a modification was found deficient, Urban One Broadcasting Network argued that it would have been eligible for an extension under the eligible entity policy that was suspended in July 2011 but reinstated in December 2016, but the FCC noted that by then the group had taken its appeal to a court of appeals that failed see the case. The permit was fully deleted from the FCC database in 2017 and the 97.7 Cross City FL allocation was won by Circuitwerkes in Auction 109 this summer, which Urban One did not object to ahead of time nor participate in.


Diponti Communications has been fined $5000 to settle the issues against 103.1 W276DF Westerly RI.

DiPonti acquired the former 93.5 W228AU North Bennington VT from Brian Dodge’s Harvest Broadcasting in November 2016 just after Dodge had entered into a Consent Decree of his own giving it and other signals a one year conditional license renewal that was due to have a renewal application filed by July 1, 2017. DiPonti did not file the license renewal for what was moved during the 250 mile waiver period to become W276DF rebroadcasting 1230 WBLQ Westerly until September 11, 2020 and filed an STA to continue operations five days later which would’ve been nearly three years after the translator’s license expired.

The FCC originally proposed a $3000 fine for failing to timely file a license renewal, while dropping the base $10,000 penalty for operating without a license down $4000. Following the original Notice of Apparent Liability issued in September, the FCC agreed to drop the penalty by $2000 due to Diponti’s lack of prior forfeitures and a remote possibility that database errors contributed to the issue as they were unaware that its license had expired because the FCC continued to assess regulatory fees and it showed as licensed in queries to the FCC’s database.


Kathadin Communications has been issued a $3500 fine for its 102.5 W273DJ Millinocket ME failing to timely file a license to cover application and engaging in unauthorized operation after its construction permit had expired. W273DJ was granted its CP on January 8, 2018 but did not file its license application until April 5, 2021, exceeding the three year time period given to build out new facilities. Following a petition for reconsideration filed by Kathadin, the CP was reactivated with the company requesting the proposed fine should be reduced or cancelled because it was unaware it needed to file a license to cover application, did not operate the translator the entire three month period between the expiration of the CP and the time it filed for the license to cover, and was not notified by the FCC of its violation prior to issuing its previous Notice of Apparent Liability.


Hispanic Target Media has also entered into a consent decree for failing to maintain online public files at four of its stations: KZHM Alamogordo, KALN Dexter, and KPQN Roswell NM and KUKY Wellton AZ.

Also entering a consent decree for failing to maintain online public files was Agape Communications’ KSGL Wichita KS.

The FCC has entered into consent decrees over failure to maintain political files with the following operators:

  • ICA Radio Ltd. licensee of KCHX and KCRS Midland TX
  • Iliad Media Twin Falls, LLC licensee of KIRQ Hailey ID
  • KPAN Broadcasters licensee of KPAN and KPAN-FM Hereford TX
  • Lazer Licenses, LLC licensee of KNEZ Haven and KWNZ Lovelock NV
  • Perryton Radio, Inc. licensee of KEYE and KEYE-FM Perryton TX
  • West Waves, Inc. licensee of KLNN Questa MN

AM Changes

Colonial Radio Group Conservative Talk 1400 WZFC Winchester VA seeks to make its STA permanent.

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