FCC fines Falfurrias FM $5k for failure to operate under minimum daily FM requirements

Que paso KPSO-FM?  

The FCC has fined Brooks Broadcasting Corporation, licensee of KPSO-FM in Falfurrias, $5,000 for “willfully and repeatedly violated Section 73.1740(a) of the Rules by failing to operate the station according to the minimum daily operating requirements for FM stations without requesting special temporary authority (“STA”) pursuant to Section 73.1740(a)(4)” of the commission’s rules.

That portion requires stations adhere to minimum daily operating requirements, and pursuant to Section 73.1740(a)(4) of the rules, if they are unable to do so for more than 30 days, they must request authorization to limit operations.

KPSO admitted the lapse in operations in the station’s 2013 license renewal.

Commercial FM stations must maintain the following minimum hours: “Two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week except

Sunday.”

KPSO explained that from January 16, 2009 until December 24, 2012, it ceased its daily programming at 7:00 pm Monday through Saturday and that it “never sought or received commission authority for the station to operate at reduced hours during this period.”

Station staff thought this reduction in service “was permissible without prior authorization” and that it only learned that an STA was required when it began preparing KPSO’s license renewal application.

The FCC said it would grant KPSO’s license renewal application by separate action upon the conclusion of the forfeiture proceeding if there are no issues other than the apparent violation that would preclude grant of the application.

Questions?  Contact TAB's Michael Schneider or call (512) 322-9944.