Enforcement Bureau Wants AM Station's License Over Tower Discrepancies
Snake River Radio’s KPCQ(AM) Chubbuck, Idaho, was silent for 80% of its license term, repeatedly violated FCC public file requirements, and gave the agency conflicting and unverifiable information about the state of its transmission tower, said the FCC Enforcement Bureau…
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in its case submission Monday in docket 22-53, Snake River’s license proceeding before the FCC’s administrative law judge. Snake River said in its own filing the matter stems from a misunderstanding by the broadcaster’s attorney, Jeffrey Timmons. Stations that are silent for more than 12 consecutive months automatically lose their broadcast license. According to the EB, Snake River notified the FCC in August 2018 that its broadcast tower had been dismantled but then said it had resumed broadcasting on the same tower in 2019 and then later that the same tower had been accidentally collapsed by a construction crew. The broadcaster was also unable to give the bureau contact information or evidence of written communications with the construction crew involved or an engineer it said had brought the station back online, or any evidence of a date for pictures it said were evidence that the tower was still up when the station said it was. “Snake River failed to provide any independent, credible evidence demonstrating that the Station’s tower remained standing beyond June 30, 2018 and until at least June 15, 2019,” said the Enforcement Bureau. The problem stems from a clerical error, said Snake River in its case submission. “The apparent discrepancy is due only to counsel’s drafting error when preparing and filing the silent STA request in August 2018 (unfortunately, contrary to the information provided by the client, Snake River, at that time),” the filing said. The misstatement “appears to be the whole basis for designation” of the license for hearing, the Snake River filing said. Even if the ALJ decides the station hasn’t automatically lost its license, the broadcaster hasn’t operated in the public interest, the EB said. Snake River missed numerous public file deadlines for issues/program lists, failed to maintain emergency alert system logs, and was late in responses in this proceeding, the EB said. “The public interest would be better served by encouraging parties to make the investments and efforts necessary to save failing stations, such as KCPQ,” said Snake River in its own submission. “Snake River requests that the Commission impose a lesser sanction, such as a short-term renewal of the Station’s license, as a more appropriate sanction.”