The Federal Communications Commission has retracted the fine initially sought to punish the Northwest Rock N Roll Preservation Society, the licensee of K266BM in Olympia, WA, for misleading the FCC about the construction permit status of its FM translator for approximately seven months.
In August, the Society was issued a Notice of Apparent Liability for a Forfeiture proposing a $20,000 fine for operating K266BM beyond its authorized parameters and making false certifications to the Commission.
While the Society was found to have indeed violated Section 301 of the Communications Act due to unauthorized operations between December 4, 2019, and June 8, 2020, the FCC reversed its decision on the Society’s alleged false certifications. It emerged that the Society had constructed the facilities as authorized, but technical difficulties had hindered their proper operation.
On the other hand, another significant issue was the Society’s failure to update its license application accurately. This lapse led to the Society operating without updating its license status, a misstep that the FCC took seriously.
The final decision on the case appears to come down to financial aspects, with the proposed fine or any monetary punishment deemed a hardship for the Society, which is heavily reliant on loans from board members. Considering these financial constraints, the FCC decided to cancel the proposed forfeiture. Ultimately, the FCC chose to merely admonish the Society for its violations.
Al Shuldiner, Chief of the FCC’s Media Bureau Audio Division, commented, “We recognize the need to enforce compliance with the Communications Act and our rules, but also understand the impact of such penalties on smaller entities. The Society is admonished for its violations, and we warn that future non-compliance could lead to financial penalties, irrespective of their financial status.”
