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.Continue Reading FCC Inspections – Transmission Site Fines for Overpower Operation, Unlocked Tower Fences, and Improper STL Operations

The FCC has an open proceeding pending to allow AM stations to use FM translators.  As we have written, while this proceeding continues, the Commission is allowing AM stations to rebroadcast their signals on FM translators on under Special Temporary Authority.  In a case decided today, the FCC made clear that this is only

In these challenging economic times, it seems like almost every day we see a notice that a broadcast station has gone silent while the owner evaluates what to do with the facility.  This seems particularly common among AM stations – many of which have significant operating costs and, in recent times, often minimal revenues.  The DTV transition deadline (whenever that may be) may also result in a number of TV stations that don’t finish their DTV buildout in time being forced to go dark.  While these times may call for these economic measures to cut costs to preserve the operations of other stations that are bringing in revenue, broadcasters must remember that there are specific steps that must be taken at the FCC to avoid fines or other problems down the road.

One of the first issues to be addressed is the requirement that the FCC be informed of the fact that a station has gone silent.  Once a station has ceased operations for 10 days, a notice must be filed with the the FCC providing notification that the station is not operational.  If the station remains silent for 30 days, specific permission, in the form of a request for Special Temporary Authority to remain silent, must be sought from the FCC.  The rules refer to reasons beyond the control of the licensee as providing justification for the station being off the air.   Traditionally, the FCC has wanted a licensee to demonstrate that there has been a technical issue that has kept the station off the air.  The Commission was reluctant to accept financial concerns as providing justification for the station being silent – especially if there was no clear plan to sell the station or to promptly return it to the air.  Perhaps the current economic climate may cause the FCC to be more understanding – at least for some period of time.Continue Reading Steps to Take When A Broadcast Station Goes Silent