RadioInsight - FCC Report 1/20: Townsquare Media Agrees To $500,000 Penalty For Failing To Identify Paid-For Political Program On Two Idaho Talkers

FCC Actions

A pair of Townsquare Media Conservative Talkers have been hit with a $500,000 civil penalty as part of a Consent Decree into failing to provide on-air sponsorship identification announcements for multiple episodes of, and numerous advertisements promoting, a paid-for political program that aired on the stations from October 2021 to March 2023. 580 KIDO Nampa/Boise and 1310 KLIX Twin Falls ID also failed to upload records of multiple episodes of the program featuring uses by legally qualified candidates for public office and communicating messages relating to political matters of national importance to the Stations’ respective online political files.

The FCC investigation showed that during that time period KIDO and KLIX aired a weekly one-hour show and 30-second promos for “Red Wave Radio”, a show hosted by former Idaho Republican Party chairman Tom Luna and Ada County Republican Party Victor Miller that were paid for by the Idaho Republican Party and later Luna’s own company. Luna and Miller produced the show, but neither station aired sponsorship announcements for the vast majority of the episodes or promotional advertisements that they aired revealing to listeners the true nature of the broadcasts and the identity of those who paid for them. The FCC also notes that multiple episodes of the Program contained appearances that constituted uses by legally qualified candidates for public office and communicated messages relating to political matters of national importance. Neither station uploaded records of any such candidate uses or messages to their respective online political files.

As part of the consent decree, Townsquare Media will also retain the services of an independent corporate governance, consulting, law or accounting firm to serve as a Compliance Officer to be responsible for developing, implementing, and administering the Compliance Plan and ensuring that Townsquare complies with the terms and conditions of the Compliance Plan and this Consent Decree.

The FCC has lowered the proposed $32,000 fine against Cumulus Media to $26,000 for EEO violations at its former Albany GA cluster. The FCC originally dinged Cumulus Albany for failing to upload its 2018 annual EEO public file report in their online public files or station websites and analyze its EEO program. Cumulus confirmed it has not uploaded the report until September 2019, nine months after its December 3, 2018 deadline to do explaining that it was due to “routine administrative change” and the loss of a former employee. After the original forfeiture order, the FCC has subtracted the $6000 penalty for analyzing the EEO program after Cumulus’ argument that employees properly analyzed the Stations’ EEO program by preparing the Annual Report on time and that uploading the Annual Report to the public inspection file does not involve any such analysis.

The FCC emphasizes in the new order, “Going forward, Cumulus and all other licensees are on notice that the Commission in the future will consider the timeliness of posting an Annual Report to the public inspection file, including specifically the length of time constituting a failure to timely post such a report, as one factor among the totality of circumstances indicating whether a Station has met its obligations under our section 73.2080(c)(3) EEO self-assessment rule.”

A $16,500 fine has been proposed against Shelby Broadcast Associates’ 98.3 W252BE Tarrant AL following petitions to deny against its license renewal and proposed 2020 sale to Riviera Communications for willfully and repeatedly operating the translator at variance from its license without authorization, willfully failing to timely file for special temporary authorization, and willfully failing to disclose material information regarding such unauthorized operation.

The FCC notes that W252BE has operated with parameters at variance from its authorization since November 8, 2015 which have been unauthorized since its STA expired on November 19, 2016. Another STA was filed for in 2018 with Shelby later admitting that both STAs were filed with “inaccurate technical information” as it was operating with an incorrect antenna height. Shelby also certified in its renewal application that “there had been no violations by the licensee” during its previous term.

Community Service Broadcasting’s has entered into a Consent Decree with the FCC and agreed to an $8000 penalty after failing to file a transfer of control application after Kathryn Bottorff succeeded Ken Kunze as trustee following his death in 2020 giving her 100% voting stake of the company. Community Service Broadcasting would then sell their 1050 WTCA/106.1 W291BQ Plymouth IN to 3 Towers Broadcasting in 2023.

The FCC has issued an Order to Pay or to Show Cause to Daniel Stratemeyer for failing to pay delinquent regulatory fees and associated interest for his 750 WRIK Brookport IL and 99.9 KZMA Naylor MO from 2010, 2012 and 2013. The commission notes that WRIK owes a total of $13,121.32 and KZMA owes $11,828.38.

The FCC has adopted a proposal to explore incentivizing the production of local programming by prioritizing the processing and review of applications from broadcast stations that invest in and prioritize local programming in communities across the country.

Today, the Federal Communications Commission adopted a proposal to advance the Commission’s longstanding policy goal of supporting local journalism and broadcasters’ commitment to meet the needs and interests of local communities. The proposal explores incentivizing the production of local programming by prioritizing the processing and review of applications from broadcast stations that invest in and prioritize local programming in communities across the country.

“We want to ensure our policies support local journalism because it is so vital for our communities and our country. This creative proposal offers a new way to do just that,” said Chairwoman Jessica Rosenworcel.

Specifically, the Commission proposes to adopt an application processing policy that, with respect to applications for renewal, transfer, or assignment of a license, would prioritize evaluation of those applications filed by stations that certify that they provide locally originated programming. These applications would be the first to be reviewed, which would likely result in quicker action and, if the application is granted, quicker approval of these applications.

License Cancellations

The FCC has cancelled the license of Common Frequency Inc.’s 88.1 KQCF Chiloquin/Klamath Falls OR after determining that the station operated from an unauthorized facility for over 12 months.

The FCC notes that KQCF was licensed to operate from an antenna attached to a tree in the yard of a residence but learned in September 2021 that the owner of the property sold it and required KQCF to vacate. The station filed via STA in November 2022 to operate from another tree 540 meters away and granted a CP authorizing the permanent move to a cell site. In May 2023, KQCF stated to an FCC staffer that it had resumed “normal licensed operations” on November 1, 2022. Noting the inconsistency, the FCC sought clarification whether operations from that date onward were from the authorized site or the STA location, and again noted it was ““back at the authorized site.” contending that because where it moved was less than three seconds latitude or longitude it was not required to file a modification application, which the FCC states was a misunderstanding as that is only for when a station is not physically moving to a new location or changing licensed parameters. As KQCF moved its antenna to a new tree it was required to file a modification application making the license expired on November 1, 2023 since that was the last time it broadcast from licensed parameters.

El Sembrador Ministries’s 88.1 KDDF Mecca CA requested the cancellation of its license.

Pirate Actions

Notices of Illegal Pirate Radio Broadcasting were issued to property owners Phalaine Vital for operations on 87.9 in Newark NJ and Royalty Realty LLC for 95.3 in Hazleton PA.