June 2000 article for Radio shopper.

One of the first lessons we learn about engines is maintenance. Anyone who owns a vehicle knows the importance of checking the oil, and scheduling regular oil and filter changes every 3,000 miles to keep their engines in top performance. This practice is also valuable in an effort to avoid costly repairs should your engine dry up from having no oil to keep it running. When you make certain that your vehicle has had the proper maintenance, you have peace of mind and confidence that your engine will run smoothly for another 3,000 miles. If you don’t take care of your vehicle you risk having to make very costly repairs when the engine seizes.

The work that Orchard Media Services performs on your Public File is very much like that of a mechanic. Similar to a 3,000- mile oil change and thorough check up, our services help to insure your FCC Compliance. Additionally, we schedule quarterly visits to keep the "Public File" updated for the entire length of the station’s license period.

Many times, instead of stations completing "preventative maintenance" on their Public File in order to keep compliant with FCC Rules and Regulations, they wait until the FCC shows up for an inspection.

This month’s story:

"This is an Official Notice of Violation to Radio Station XXXX".

It would be impossible to list the issues and the section numbers from this Letter of Violation to fit into this space, so I’ll make the story short.

The FCC inspector arrived to inspect an AM-FM station in a city to remain anonymous. It was 10:00 AM and the office was closed. After repeatedly ringing the doorbell, the FCC Inspector soon realized that no one was there. He went to a nearby phone and called the station only to get an operator from an answering service. Upon identifying himself as an FCC Inspector, the employee of the answering service told that the office was closed. The station manager was not available, and neither was the Chief Engineer, as he actually works full time at a TV station 100 miles away. She informed him that she would call the station manager and let him in the next morning at 9:00 AM.

That night the FCC inspector stayed in town at a local hotel. Since he was there, he drove out to the AM tower site and found the beacons were out on the 350-foot stand alone tower. He also discovered no sign showing the Tower identification number on the fence; because there was no fence.

At 9:00AM the following morning, the FCC inspector arrived at the station. However, the secretary was 30 minutes late. A few minutes later a part time jock tracks showed up to cut some voice tracks. The office secretary had no idea where the "Public File" was and left the job to the part time jock to show the inspector around.

At the time of inspection XXXX –AM & FM were on the air with different programs. There was no equipment to neither activate the EAS test nor receive any test. At the time of inspection, entries had not been made in the station log for the weeks before the inspection date showing anything wrong with the tower lights, or if it had even been reported. Also, at the time of the inspection, the studio for the FM station was located over 30 miles from the Community of License. There wasn’t any written designation of the Chief Operator and he was not available for inspection.

At the time of inspection the XXXX Public Inspection File did not contain any annual employment reports, requests for airtime by political candidates, annual ownership reports or quarterly issues/programs lists. The public file was also missing letters from the public for the past three years. Applications that XXXX had filed with the FCC including the Assignment of License from "Party A to Party B" was not in the Public File nor were other items related to a Construction Permit application. No documentation had been filed to go up in power for the AM station by adding another tower.

The letter mentions all the violations with the correct section number for the violations and gives the station XXXX AM-FM 10 days of the receipt of this notice to submit a written statement concerning this matter to the FCC.

Guess what? The station never answered the FCC. They were selling, and the owner didn’t think that the new buyer would know about the FCC visit.

So lets add up the costs for station XXXX-AM-FM

The fine for the FM station that was located some 30 miles away and did not have any Public File at all was $10,000.

The fine for the Main studio rule was $7,000 because nobody was at the office studio, which was located in the Community of License. Additionally, there wasn’t any equipment at that office to get audio on the air.

The AM station did broadcast Political spots and for the last 2 years did not make any effort to make up a Political File as required by FCC rules. The fine was $9,000.

$ 7,000 for not having installed EAS equipment.

$ 7,000 for no fencing around the AM Tower.

$ 2,000 for no Tower registration.

$ 5,000 was the fine for using unauthorized equipment to get the audio to the FM sites some 35 miles away.

$ 7,000 for failure to permit inspection.

$ 4,000 fine for "Failure to Respond" to the FCC’s original Letter of Violation.

$1,000 for failure to maintain required records.

$10,000 "Failure to Comply" with prescribed lighting and or marking of the AM Tower. (the top light seems to have been burnt out for over 6 months).

The total for this could be enormous.

I am still working on stations for another client that got fined $71,000.

A few days before my deadline for this months article I talked with my local FCC Compliance Enforcement Bureau inspector and I was told that fixtures are going up. They never come down. Also that many times there might be an upward adjustment of the violation if it is repeated or is a continuous violation. I have already told the readers of my column that the new Enforcement Chief in D.C. has a new assistant and some new lawyers have come aboard too. Some of the new added engineers and compliance specialists are starting to show up at the different Enforcement Bureaus (new name for filed offices).

If you down load some of the forfeitures and fines from the FCC Web site, you can see for yourself the many violations that have been written about. A good guess would be about 100 violations per month. With this rate, 1 out of every 10 stations will be visited within the next 12 months. Are you ready?

So, just like the changing on your vehicle to insure that your vehicle runs properly, it is crucial that you prepare your station for maintaining its compliance with the FCC. You have two choices. Do nothing, and hope you don’t get caught. Or, take care of your FCC Compliance now and sleep better in the process. Truly, it’s your call.