FCC Inspections - Transmission Site Fines for Overpower Operation, Unlocked Tower Fences, and Improper STL Operations

Last week, we wrote about the FCC fining stations for a number of violations found at the studios of some broadcast stations.  In these same cases, the FCC also found a number of technical violations at the tower sites of some of the same stations.  Issues for which fines were issued included the failure to have an locked fence around an AM station's tower, the failure of stations to be operating at the power for which they were authorized, and the failure to have a station's Studio Transmitter Link operating on its licensed frequency.

An issue found in two case was the failure to operate at the power specified on the station's license.  In one case, an AM station simply seemed to not be switching to its nighttime power - in other words, at sunset, it was not reducing power from the power authorized for its daytime operations.  The second case was one where another AM station was not switching to its nighttime antenna pattern after dark.  In that case, there were apparently issues with the nighttime antenna but, rather than request special temporary authority from the FCC to operate with reduced power until the problem was fixed, the FCC notes that the station apparently just kept operating with its daytime power.  An STA is not difficult to obtain when there is a technical issue (as the FCC does not want stations going dark if it can be avoided), and some effort is made to specify a power that avoids interference to other stations.  So, if faced with technical problems, request authority for operations that are different from those authorized by the station's license until those problems can be fixed, or risk a fine from the Commission.

One of these cases also imposed a fine on a station for the failure of its Studio Transmitter Link to be operating on its assigned frequency.  The licensee admitted having had the STL transmitter modified to operate on the new frequency, but apparently the licensee had not bothered to ask the FCC for permission to operate on that new frequency in the six months since the rebuild.  Like so many other little things, a station must follow the rules and file the correct papers to have the FCC approve the channel change ( or a site change, as we've written about before) for a broadcast auxiliary license.  We've written about some of the other little issues like this that stations need to make sure are accurate (like registering a tower, updating the tower registration, observing tower lights, remembering to renew earth station licenses, and similar issues).  Fail to observe them, and a fine could be coming your way.

Finally, another recurring issue discovered in one of these cases was the failure to have an enclosed and locked tower site.  We've written many times about cases where the FCC has fined stations with unlocked fences, fences that are partially knocked down, or ones with holes that could allow access under the fence.  Here, the station had fenced all of the towers in its multi-tower AM array, but did not have a lock on the fence surrounding one of the towers. 

The FCC is alert for violations - and particularly alert to problems at transmitter sites that affect a station's radiation pattern or present safety issues.  So check your operations - and make sure that your bases are covered to avoid a nasty financial surprise should the Commission inspector come knocking

 

Remember to Notify the FCC of the Completion of Construction of New Broadcast Auxiliary Station

An FCC decision released today reminds broadcasters of the need to notify the FCC of the completion of construction of a new broadcast auxiliary stationStudio Transmitter Links (STL) and Remote Pickups (RPU) have for several years been licensed through the FCC's Wireless Bureau, rather than through the Media Bureau.  Unlike a grant of authority to construct a broadcast station, where the new authorization is granted in the form of a construction permit, when the Wireless Bureau grants a new authorization, it is in the form of a license.  Most broadcasters think of a license as something given to a station that is already constructed and complete. The Wireless Bureau's grant of the license, however, is conditional on the operator providing the FCC with notification upon the completion of construction within a specified period.  If no such notification is provided within the specified period (18 months for most broadcast auxiliaries, but only 12 months for some), and no extension is requested, the Wireless Bureau will automatically issue a public notice canceling the license (see the FCC Wireless Bureau website for details on how to file the notification of construction or extension request).  If the licensee does not request reconsideration of the cancellation of the license within 30 days providing evidence of timely construction, the cancellation will become final.  To operate with the facilities that had been authorized, the licensee would then have to file for a new license - starting the authorization process over from the beginning.  If the auxiliary had in fact been constructed, to continue to use it while the new application is pending, Special Temporary Authority (an "STA") would be required.

In 2006, when announcing the system that automatically generates the termination notice, the Wireless Bureau issued a Public Notice explaining the procedures that it would use.  The Commission states that its system will automatically generate a letter to the licensee providing notification of the cancellation and the 30 day reconsideration period.  Importantly, the Commission reminds licensees to keep their addresses in the FCC's systems current, as the mere fact that the letter did not get to the licensee at the correct address will not be an excuse for an expired license.  But having a correct address gives the licensee a better chance of getting the notice of cancellation if they inadvertently forget to file their notification of construction.  So remember the dates, and remember to keep your address up to date in the FCC's records.

Move That Studio? - Amend the STL Authorization

In two decisions (here and here) released last week, the FCC fined broadcasters $3200 and $2400 after inspections of the stations revealed that the licenses for their Studio Transmitter Link ("STL") did not list the proper location for these stations.  In both cases, it appeared that the stations had changed their studio locations, and had not bothered to file an application with the FCC to get authorization to move their auxiliary licenses to the new location.  So, if you are contemplating a change in your studio location and use a Studio Transmitter Link to get your programming from your studio to your transmitter, don't forget to file the appropriate application on FCC Form 601 to update that authorization before the move.

As Form 601 requires prior coordination with a local frequency coordinator ( to make sure that the relocation does not create interference issues for other stations) before the Form 601 can be processed.  In one case, it appeared that the process had begun, but was not completed at the time of the inspection, even though the studio had been relocated for several months.  In the other case, the fine was higher as the process to re-license the STL authorization was not begun until after the FCC inspection.  Thus, in connection with any studio move, be sure to begin the process of getting authorization for the move early enough to have it in hand before the move, to avoid potential FCC issues.