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Paul McLane / 10.20.2011 12:00 AM
Clarion Loses Appeal in Post-Sunset Case
A
Pennsylvania station received an NAL from the FCC for a violation that occurred
more than a year earlier. The broadcaster argued the FCC took too long under
the rules.
Now
the FCC says no to the appeal.
Clarion
County Broadcasting is the case at hand. It will have to pay a $4,000 fine in a
post-sunset authorization case.
The
company, which owns WKQW(AM/FM) in Oil City, Pa., received a notice of apparent
liability in March 2010 from the Enforcement Bureau, for operating beyond its
post-sunset authorization on 21 days in the fall of 2008.
Clarion argued that based on the rules, the FCC was
required to issue an NAL within a year of the date of the first violation.
But the FCC said Clarion was
misreading the rules, and that although the NAL was not in fact issued within a
year, the rules still permit a fine because the violations happened during the
station’s current license term.
Clarion
also argued that its good compliance record meant the fine should be reduced.
But the FCC rejected that, citing a Notice of Violation in 2010 for
problems found during an earlier inspection.
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