The FCC has granted Absolute Broadcastings application for review and reinstated the license of 98.5 W253AF Bennington VT and its pending modification to complete its move to 99.9 in Nashua NH.

W253AF had been deemed by the FCC to have had its licensed expired in May 2020. W253AF went silent in February 2018 due to an interference complaint from Saga’s 99.9 W260CF Manchester following W253AF’s move to Nashua NH on 99.9. Absolute claimed that the translator resumed operation in June 2018 and July 2019 but failed to produce the necessary written documents to back up the claim.

In the grant of the review, the FCC states that it relied on an insufficient factual basis when it cancelled the license, “Upon careful examination of the record, we find that considered as a whole, the evidence in this case does not reasonably support a finding that the Station was silent for 12 consecutive months. As detailed below, the record here contains some evidence that the Station operated during the relevant timeframe, lacks evidence that the station was continuously silent throughout the relevant timeframe, and includes a plausible explanation of why the Station was unable to provide additional evidence as requested by the Bureau. In these circumstances, we cannot reasonably conclude that the Station’s license automatically expired under Section 312(g). Therefore, we reverse the Bureau’s holding and reinstate the Station’s license.”

The commission also notes that in its original decision to cancel the license it relied heavily on Absolute’s failure to produce the standardized list of requested documents such as leases, payroll, engineering records, station logs, invoices, bills, checks written or received, credit card charges, wire transfers or deposits of funds relating to the operation without considering the service- and licensee-specific factors affecting Absolute’s ability to produce those documents. In the case of an FM translator on the same tower as its parent signal they now note that “a translator is in a different position than a full power station with respect to the separate documentation it is required or likely to retain for business or regulatory purposes. Many of the documents requested in the LOI would be more relevant to determining whether a full service station was constructed at its authorized site than whether, as here, a cross-service translator, co-located with its primary station, briefly operated during a specific time window.” and “Lastly, there was no testimony available from individuals who had personal knowledge of the Station’s operation but were not engaged by Absolute to operate the Station. Rather, the individuals who had personal knowledge of the Station’s operation were the ones who were engaged by Absolute to operate it. In these circumstances, we find that Absolute’s decision to submit the sworn statements of a consulting engineer and an Absolute employee with personal knowledge of the Translator’s operation was reasonable given the lack of other responsive information.”

W253AH will rebroadcast Oldies 900 WGHM Nashua.

The FCC is initiating a license revocation proceeding against West Virginia Broadcasting’s Country 105.9 WTNJ Mount Hope/Beckley WV for failure to pay delinquent regulatory fees and associated interest, administrative costs, and penalties owed. WTNJ owes a total of $11,670.41 for fees owed between 2013 and 2015.

Pirate Actions

A Notice of Illegal Pirate Radio Broadcasting was issued to Zinaida Gamza for operating on 102.5 in Wasilla AK.

Silent Notifications

• SummitMedia’s 1320 WENN Birmingham AL (Transmitter failure)
• MFR Inc.’s 980 WTOT Marianna FL (Equipment being modified & relocated)
• MRR Inc.’s 100.9 WJAQ Marianna FL (Tower collapsed after being struck by a backhoe)
• Cumulus Media’s 1190 KNEK Washington LA (Transmitter issues)
• BAS Broadcasting’s 1300 WMVO Mount Vernon OH (Numerous issues)

FM Changes

Pamal Broadcasting applies to relocate CHR “Z97.1” WZRT and AC 98.1 WJJR Rutland VT