FCC Report 2/9: FCC Begins Investigation Into Audacy’s KCBS Triggering Potential First Amendment Battle
FCC Chairman Brendan Carr told Fox News that the FCC has launched an investigation into Audacy using a report that its News 740 KCBS/106.9 KFRC San Francisco broadcast the locations of undercover ICE agents in San Jose on Sunday, January 26.
Those reports originated from the Media Research Center’s Newsbusters publication. The Brent Bozell led organization happens to be the same one that improperly filed Petitions to Deny against Audacy’s Chapter 11 bankruptcy restructuring simply due to the name of investor George Soros being involved and has a petition for reconsideration pending. Carr told Fox that he believed the station may have violated rules regarding broadcasters serving in the public interest. Stations historically have had first amendment protections over such content as it is in the public interest as part of the freedom of the press.
The FCC has issued an Enforcement Advisory titled “Covert Manipulation of Radio Airplay Based On Artist Participation In Promotions or Events Violates FCC Payola Rules”. The advisory states it is to “ensure that radio broadcasters do not violate federal law when they have artists perform at radio station events or festivals.” It continues, “neither broadcast licensees nor their personnel can compel or accept unreported free or unreported reduced fee performances by musicians in exchange for more favorable airplay.”
The commission states that its rules require that each licensee “exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals” information to enable the licensee to comply with the sponsorship identification requirements of section 317 of the Act. It emphasizes that “it would expect stations that report to record charting services to demonstrate greater diligence to prevent improper conduct by its principals and employees than would a station with an all-news format. It may fall short of “reasonable diligence” if the licensee of such a reporting station does nothing more than require its employees to execute affidavits stating that they will not violate laws and regulations prohibiting payola.” Failing to make required reports could subject a violator to criminal penalties of a fine of up to $10,000 or imprisonment of up to one year, or both.
The FCC has issued an Order to Pay or Show Cause to Kremling Enterprises’ Country “Texas Thunder Radio” 94.3 KYKM Yoakum and 99.9 KTXM Hallettsville TX for failing to pay regulatory fees from 2017 through 2022 and 2024. The stations owe a combined $16,686.85 for those years.
License Cancellations
Keith Learn and Juanita Casares’s Learn Broadcasting Company has turned in the license of Country 1380 KLPZ Parker AZ as the couple has decided to retire.
Emisora Cristiana De Paterson has surrendered 94.5 W233AH Middletown NY. The translator, which has mostly been silent since its $50,000 purchase in 2023, had been listed as rebroadcasting Pamal CHR “K104” WSPK Poughkeepsie.
Silent Notifications
Caribbean Media Group’s 1600 WPOM Riviera Beach FL (Financial issues; station for sale)
Sutton Radiocasting’s 96.3 WRBN Clayton GA (Prepare move to 95.7 Toccoa)
Ontonagon Area School District’s 88.5 WOAS Ontonagon MI (Antenna replacement before frequency change)
S Content Marketing’s 94.1 KJAZ Point Comfort TX (Temporary site lease ended)
FM Changes
Audacy seeks to combine four of its five San Diego FMs onto a single antenna […]
