FCC Report 8/18: KDAY/KDEY-FM Fined For EAS Violations

93.5 KDAY Los Angeles Cece Valencia Romeo KDEY OntarioThe FCC issued fines to ABC’s Jimmy Kimmel Live, Animal Planet, AMC’s The Walking Dead and Meruelo Media’s 93.5 KDAY Redondo Beach/KDEY-FM Ontario CA for improper usage of EAS tones this week. The $395,000 fine handed down to Jimmy Kimmel Live for an October 3, 2018 sketch that used a simulated Wireless Emergency Alert tone three times got the national headlines. AMC received a $104,000 fine for a February 2019 episode of The Walking Dead using two EAS tones. Animal Planet’s Lone Star Law brought $68,000 in penalty’s for airing an WEA alert of a phone during Hurricane Harvey.

But our focus is on Meruelo Media’s Classic Hip-Hop combo in Los Angeles. A featured production piece that aired on the station’s morning show between September 8 and November 22, 2017. The voiced promo of ““Ninety-Three Five, K-DAY. Hip Hop, back in the day. It’s time for Romeo’s romantic weather,” featured multiple sound effects supposedly ripped from a video found online including EAS tones and the start of a “National Weather Service has issued…” warning. The production piece aired 106 times on KDAY and 33 times on KDEY-FM after it began simulcasting KDAY on October 30, 2017. Mereulo has entered a Consent Decree with a $67,000 fine and a compliance plan.

FCC Actions

A pair of Southern California LPFM’s were hit with notices of violations this week. International Crusade of the Penny’s 90.3 KLIE-LP Fountain Valley was noted using a BEXT XL 500 transmitter that is uncertified for use by the FCC, while Long Beach Community Television and Media Corporation’s 99.1 KLBP-LP Long Beach had no EAS log or handbook available.

Dismissals

Iglesia Cristiana Ebenezer requested dismissal of its application to move 92.3 K222CD Sherman TX southward following an Informal Objection filed by First IV Media on behalf of its 92.3 K222DD Gainesville TX. In the objection, First IV stated that at multiple times K222CD was operating while its originating station 90.1 KWEZ-FM Caney OK was silent and questioning how it could receive KWEZ-FM when 90.1 KERA Dallas is the predominant audible signal.

FM Changes

Bustos Media is attempting to move its recently acquired Spanish CHR “La Zeta” 107.5 KZSZ (formerly KQPT) Colusa CA to 107.9 in Robbins. The move would see KZSZ downgrade from a Class B to a Class A with 4kW/44.7m, but like the recent application to move 107.5 KCYF-FM Sutter Creek CA to 107.9, the application fails to take into account the allocation of 107.9 to Sacramento previously utilized by the deleted KDND.

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