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View Full Version : FCC Report 6/11: Misrepresentation Costs Two Non-Commercial Applicants Their CP Grants



Colorado Media Newsroom
June 11th, 2023, 07:00 PM
From Radio Insight:

https://i0.wp.com/radioinsight.com/wp-content/images/2020/05/fccseal2020.png?resize=200%2C200&ssl=1As part of its analysis of mutually-exclusive applications from the 2021 non-commercial filing window, the FCC has directed their Media Bureau to open an investigation into Radio Sharon Foundation’s character qualifications for their application for 91.5 Narragansett Pier RI and pending acquisition (https://radioinsight.com/headlines/249363/station-sales-week-of-3-3/) of 94.5 W233AH Monticello NY from Radio Catskill Inc.
Radio Sharon Foundation and Horizon Christian Fellowship both applied for 91.5 Narragansett Pier in the 2021 window with the FCC originally granting Radio Sharon five points (three as local applicant and two for diversity of ownership) in their system to Horizon’s three (two for diversity and one for best technical proposal) making RSF the tentative selectee. Horizon filed a petition to deny arguing that Radio Sharon was not entitled to the three points because they listed incorrect addresses for six of its eight directors. The FCC found that Radio Sharon Foundation did not “sufficiently document its eligibility for points as an established local applicant and was, therefore, improperly awarded points under this criterion”. The commission states, “We disagree with RSF?s argument that the 2019 Annual Report is sufficient documentation to entitle RSF to three points as an established local applicant. RSF included three Rhode Island annual corporate reports in the RSF Application: the 2019 Annual Report; its 2020 annual report (2020 Annual Report); and its 2021 annual report (2021 Annual Report).The 2019 Annual Report lists the Reservoir Address as RSF?s principal place of business. However, the 2020 and 2021 Annual Reports list the Woodman Address as its principal place of business. As a result, RSF has not shown that its headquarters was located at the Reservoir Address for the two years immediately prior to filing the RSF Application. In contrast, the documentation provided in the RSF Application indicates that the Woodman Address was RSF?s headquarters during this time. In addition, RSF acknowledges that the home addresses of its directors does not entitle it to points as an established local applicant. Accordingly, we find that RSF was not entitled to points as an established local applicant.”
The FCC then contends “the information in the record suggests that RSF may have violated section 1.17 of the rules and may have engaged in misrepresentation or lack of candor pertaining to its use of incorrect addresses in the RSF Application.The Commission therefore directs the Bureau to investigate this matter, including RSF?s character qualifications, both in connection with the RSF Application and RSF?s pending assignment application to acquire an FM translator station in Monticello, New York.”
The FCC has also overturned its grant of a new non-commercial license in Key West FL over failing to disclose that their application omitted people from a 2019 investigation into 305 Community Radio and their 107.9 WMIV-LP Miami from the application.
The Bertrand Stebbins led Key West Radio had been granted the CP for 89.1 Key West over three other applicants. WMIV-LP had been run by Bertrand Stebbins’ sons Peter and John along with John Viera, which surrendered its license in 2109 after admitting to the FCC that it was broadcasting from unauthorized sites, while never constructing its authorized facility. The FCC issued a letter in which the operators of 305 Community Radio were required to include that note within any application over the next five years.
Frequency Zero Inc., which had lost out on the grant on points, filed a petition to deny noting that while the three members of Key West Radio did not include John or Peter Stebbins and thus the Miami letter of inquiry as required, John Stebbins was listed as an officer of Key West Radio in its 2021 articles of incorporation and 2022 corporate restatement and the email and telephone number contact on the FCC application were associated with companies run by Peter Stebbins alleging they were omitted to to conceal potentially disqualifying issues and circumvent the disclosure requirement. The FCC agrees that since John Stebbins was listed on the organization’s articles of incorporation in 2021 and reinstatement in 2022, he was part of the applicant at time of filing making the WMIV-LP documents required to be part of the filing.
The FCC has now made Frequency Zero’s application for 89.1 Stock Island as the tentative selectee. In addition, all members of Key West Radio and 305 Community Radio or any entity in which any of them holds an interest will be required to disclose WMIV-LP and this issue on any future FCC application for the next ten years.
Bicoastal Media’s 1470 KELA Centralia-Chehalis WA has been issued a Notice of Violation for failing to properly mention its community of license in its top-of-the-hour ID. The enforcement bureau notes, ?Official station identification shall consist of the station’s call letters immediately followed by the community or communities specified in its license as the station’s location. On February 21, 2023, at approximately 12:59 p.m. PST, an Agent from the Portland Office monitored and recorded KELA?s station identification. The inspecting Agent observed that KELA failed to identify Centralia-Chehalis as the Community of License.”
Silent Notifications

Delmarva Educational Association’s 1380 WWNT Winston-Salem NC (Awaiting grant to convert to non-commercial operation)
Kensington Digital Media’s 1430 WYGI Madison/Nashville TN (Pending application to relocate to new transmission site)
Algie Felder’s 103.1 KPAS Fabens TX (transmitter struck by lightning)

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