RadioInsight - FCC Report 4/28: WBAI Agrees To Penalties For Underwriting & Sponsorship Rule Violations

Pacifica Foundation’s 99.5 WBAI New York has entered a Consent Decree with the FCC over claims that several programs “purportedly aired over the Station that contain comparative and qualitative descriptions, price information, calls to action, and inducements to buy products or services provided by program guests” between June 2014 to April 2022.

The programs, including “The Gary Null Show”, “Christine Blosdale Special” and “Off The Hook”, promoted these products and services without proper sponsorship identification. In the Consent Decree, WBAI acknowledged that it has violated the FCC’s Underwriting Laws and Sponsorship ID Rules, agreed to a $25,000 penalty, and a limited two-year license renewal to ensure future compliance. The $25,000 fine will be paid in five monthly installments of $5,000, but should WBAI miss any payment by one day they will be considered in default and the remainder of the penalty will accrue interest using the U.S. Prime Rate in effect on the date of default plus 4.75%.

On a show this week, members of the station’s Advisory Board discussed the Consent Decree and other issues facing the station. They noted that they station expects a 35-40% deduction in revenue from no longer being able to use the programs that caused the issues. The station is over $200,000 in debt owed for its transmitter site lease and to a call center and would have owed more if not for their former studio landlord forgiving their back rent when selling the building.

The FCC has rejected the Petition For Reconsideration for Common Frequency Inc. over the cancellation of the license of 88.1 KQCF Chiloquin/Klamath Falls OR after determining that the station operated from an unauthorized facility for over 12 months.

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.

The Audio Division affirmed the decision following Common Frequency’s argument that the tree it was operating on was “close enough” to the licensed site to be rule-compliant due to the three second rule stating, “the filing of applications for approval of site changes is important even for relatively short moves because the Bureau needs the opportunity to consider any resulting changes in spacing, compliance with international agreements, and terrain shielding.”

Pirate Actions

Six Massachusetts pirate operators have been proposed fines by the FCC in violation of the PIRATE Act.

Jean Marius’ “Radio Tele Planet Compas” was issued a proposed penalty of $597,775 for operating on both 105.3 in Brockton and 89.3 Mattapan MA. The FCC notes that their Boston Field Office has been aware of Marius’ operation since 2004 on 89.3 in Randolph MA which led to a proposed fine in 2005 for $10,000 and was later given a Notice of Unlicensed Operation in 2017. Following FCC agents visits in June and July 2023, Marius stated he ceased operation on-air.

A $120,000 fine was proposed against Renaldo David’s “Lotnivo FM” on 101.9 in Brockton. FCC agents first visited the site in July 2023 when David agreed to cease operation, but the station was then visited as operating in December 2023.

$40,000 fines were proposed against Joao Vieira’s “Brockton FM” on 102.1 in Brockton, Djovany Pierre and Mario Turner’s “Radio Tele Brockton” and “Brockton Heat” 96.5 Brockton, and Robert Bellinger’s “Three Bays Radio” 93.1 Cotuit MA. All three operators were penalized for the FCC noting the stations operating in both June and July 2023.

A $20,000 fine was proposed against Shane Kelly’s “87.9 The Test” in Hyannis MA for operating in June 2023. Kelly admitted to running the station as a hobby and immediately shut down the operation.

The Federal Communications Commission today proposed fines against seven pirate radio operators under the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act) for operating six pirate radio stations. These pirate radio stations, investigated during the Enforcement Bureau’s sweep in the Boston area under the PIRATE Act, now face proposed fines totaling $857,775.

Pirate radio is an unauthorized transmission of radio signals on the frequencies in or adjacent to the FM and AM radio bands. Pirate radio operations pose public safety risks, including causing harmful interference to licensed radio stations which transmit public safety emergency alert messages. Operating a pirate radio station is illegal under the Communications Act of 1934 and subject to the FCC’s enhanced enforcement capabilities enacted by Congress in the PIRATE Act in 2020. Under the PIRATE Act, the FCC can fine pirate radio operators up to $119,555 per day and a maximum of $2,391,097, as adjusted for inflation.

The PIRATE Act increases possible penalties for illegal broadcasting, requires the FCC to conduct periodic enforcement sweeps, and grants the Commission authority to take enforcement action against landlords and property owners that willfully and knowingly permit pirate radio broadcasting on their properties.

Today, the Commission proposed a $597,775 fine under the PIRATE Act against Jean Marius, the operator of the pirate radio station “Radio Tele Planet Compas” in Brockton, Randolph, and Mattapan, MA. Renold David, operator of the pirate radio station “Lotnivo FM” in Brockton faces a $120,000 fine, and Shane Kelly, the operator of the pirate radio station “The Test 87.9 FM” in Hyannis, MA, faces a $20,000 fine. In addition, the following pirate radio operators each face $40,000 in fines: Joao Vieira, operator of the pirate radio station “Brockton FM” in Brockton; Robert Bellinger, operator of a pirate radio station, known as “TBR Radio” in Cotuit, MA; and Djovany Pierre and Mario Turner, operators of the pirate radio station, known as “Radio Tele Brockton 96.5” or “Brockton Heat”, in Brockton.

The proposed actions, formally called Notices of Apparent Liability for Forfeiture, or NALs, contain only allegations that advise the parties on how they have apparently violated the law and may set forth proposed monetary penalties. The Commission may not impose greater monetary penalties in these cases than the amount proposed in the NALs. Neither the allegations nor the proposed sanctions in the NALs are final Commission actions. The parties will be given an opportunity to respond, and the Commission will consider the parties’ submissions of evidence and legal arguments before acting further to resolve the matter.