Gallup radio station agrees to decree

By on Nov, 17 2014 with Comments 0

FCCThe FCC and the licensee of KGLP-FM Gallup NM have agreed to settle the issue of alleged violations via the consent decree route. The deal involves a voluntary contribution by Gallup Public Radio to the US Treasury.

The paperwork indicates that the station had problems with its public file.

Under a consent decree, the station generally escapes being charged with a violation. However, it also generally makes a “voluntary” contribution toward defraying the nation debt, promises to never do what it wasn’t charged with again, and usually is placed under reporting conditions and a compliance plan.
KGLP’s contribution will be $7,500.

The compliance plan for KGLP was attached to this agreement, so as a public service, we will pass it along intact.

From the FCC:

COMPLIANCE PLAN FOR STATION KGLP(FM)
For a period of four (4) years commencing as of the Effective Date of the Consent Decree, Gallup Public Radio, or its successor-in-interest, as appropriate, will institute the following procedures to ensure compliance with the Commission’s Public File Rule. Unless otherwise provided, all terms defined in the Consent Decree apply to this Compliance Plan.

A. The Station Manager and other appropriate staff of the Station will log all broadcasts of programming which, in the Licensee’s judgment, constitutes public affairs and public service programming, broadcast by the Station. These logs will be compiled into quarterly issues/programs lists and will be timely placed in the public file of the Station.

B. All such quarterly issues/programs lists will be signed and dated by their preparer before they are placed in the public file.

C. Late-filed lists will be reviewed and signed by the Station’s management and accompanied in the Station’s public file with a statement indicating the nature of the document, the date placed in the public file, and the reason for the late filing.

D. Within 30 days from the Effective Date of this Compliance Plan, Licensee will conduct training for all Station employees and management on compliance with FCC Rules applicable to Station operations. It will designate a Compliance Officer responsible for responding to Station employee questions and consulting with outside counsel familiar with Communications law regarding compliance matters. Licensee will conduct refresher training for Station employees and management at least once every twelve (12) months, and will train any new Station employee within five (5) business days of commencement of his or her duties at the Station.

II. Licensee and/or any successor licensee, as appropriate, will conduct annual audits of the Station’s public file on or about the anniversary date of the Effective Date of the Consent Decree. The four- year period will terminate on the successful completion of the fourth annual public file audit. The second, third, and fourth audits will be due on the anniversary of the first audit.

III. Licensee shall annually submit a sworn certification to the Commission, signed by Licensee, that the Station’s public file fully complies with the Public File Rule. If the Licensee cannot truthfully make this certification, it shall set forth in detail any public file deficiencies and describe any corrective measures taken. This report shall be filed within ten (10) days of the completion of the first annual public file audit pursuant to Item II above, and on that date yearly thereafter for a period of three years. A copy will be served on Peter H. Doyle, Chief, Audio Division, Media Bureau, Federal Communications Commission and e-mailed to him at Peter.Doylefcc.gov.

IV. This Compliance Plan will be under the direct supervision of Raymond D. Calderon, President, or by any employee of Licensee designated by Mr. Calderon, or in the event Mr. Calderon is no longer with Licensee or if the license has been assigned, by his successor or his successor’s designee who is affiliated with the successor Licensee’s Board.

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