FCC Actions

The FCC has dismissed Eddie Rackley and Jimmie Hopson’s Petition For Reconsideration for the second time following the deletion of 1290 WNBN Meridian MS in June 2018. The petition was found to be defective for failing to meet the requirements for reconsideration of a Commission decision on an application for review and denied on its merits. The license was deleted after the FCC discovered that was deleted after the FCC discovered that Frank Rackley died in January 2011, but that its license renewal in 2012 failed to disclose that and the station never updated the application or filed a transfer of control when his son Eddie took over the license as well as court approved sale to Hopson in 2015 for $10,000. The FCC stated, “The Review Order correctly upheld the Bureau’s finding that here, the Renewal Application was improperly signed as it was filed in Frank Rackley’s name but signed by the Administrator. The Petitioners provide no support for overturning the precedent we cited in the Review Order requiring the dismissal of the Renewal Application”.

The FCC has granted Family Stations’ Petition For Reconsideration and reinstated its CP for a new translator on 101.1 in El Cajon CA. Originally applying for 100.1, the application was dismissed for violating the treaty with Mexico regarding contour overlap requirements. Family’s petition stated their application to change frequency was permitted because it needed to resolve an interference complaint from Educational Media Foundation’s 100.1 KKLJ Julian CA. Positive Hope’s 101.1 KVIB-LP filed an objection saying the frequency change should not have been allowed, but also 101.1 shouldn’t have been allowed because of 101.1 KRSA-LP El Cajon, which had already been deleted but Positive Hope stated a petition for reconsideration over its license cancellation was pending. The FCC agreed with Family Stations that the move would eliminate interference to KKLJ, and that a petition for reconsideration does not stay a cancellation making 101.1 open for the translator.

Florida Community Radio’s Application For Review seeking to overturn the FCC’s decision to deny extension of the tolling of the Construction Permit for 94.3 WRBD Horseshoe Beach FL. WRBD’s CP was first granted on May 13, 2015 giving it until May 13, 2018 to be licensed. The first tolling request due to lack of space for its studio and facilities because of Hurricane Irma and a second due to construction delays by Hurricane Michael were both granted giving the station until May 15, 2019 to be built. A third tolling request was filed in April requesting time to determine whether to place power lines underground and to conduct a structural analysis to assess potential impact on a Category 5 hurricane on the antenna. The FCC had requested proof that Hurricane Michael was responsible for the later delays and said that the analysis could’ve been done at any time in the past four years. In the AFR, Florida Community Radio stated that further tolling is warranted because the planned tower site is “located inside a FEMA designated floodplain area” and, pursuant to Executive Order 11988, “the FCC is required as a matter of law to encourage and provide
appropriate guidance to a permittee, which includes evaluating the effects of the permittee proposals in floodplains, especially when such alternative steps being proposed by the permittee are meant to reduce or mitigate the risk of damage in anticipation of an act of God.” They also argued that “the Bureau interpreted the Tolling Rule too narrowly and requested that the Commission waive the Tolling Rule to allow FCR more time to plan how to “reduce or mitigate the risk of damage in a FEMA designated floodplain area in anticipation of an act of God” consistent with Executive Order 11988.”

Charles Gwyn and Pierce Dandridge’s applications for review over Punjabi American Media’s application and subsequent move of 93.3 K227AH River Pines CA to become 105.9 K290CT Elk Grove during the 250 mile waiver period have been denied. The translator originally sought to operate on 105.7 in Elk Grove but amended to move to 105.9 following the expiration of a CP for an LPFM on 105.9. Gwyn and Dandrige each argued that the application conflicted with the Local Community Radio Act, but neither could prove that they were “aggrieved” or that interests were “adversely affected” by grant. The FCC stated that because it was modification of an existing translator, the LCRA did not apply either.

FM Changes

Milestone Radio II Country “Bob 107.5” KBGY Faribault MN is proposing to move closer to the Twin Cities. KBGY applied to downgrade from a class C2 to C3, while changing city-of-license to Elko New Market MN. The move will include construction of a new tower where KBGY would operate with 23.5kW/103m. The proposal requires an order of show cause to force iHeartMedia Classic Hits “Kool 108” KQQL Anoka to downgrade from a Class C to C0 to eliminate short-spacing. The move will place the 60dBu contour of KBGY within the southern portions of Minneapolis and St. Paul.