The FCC’s Enforcement Bureau has entered into a Consent Decree with the licensee of the CBS affiliate serving Southwest Florida, in addition to radio stations serving the Fort Myers-Naples market, that will resolve a wireless tower land clearance controversy.
To absolve the company of its transgression, it will implement a compliance plan and make a U.S. Treasury contribution of significance.
The matter involves Fort Myers Broadcasting Company, owner of WINK-11 in Fort Myers, and radio stations WINK-FM 96.9 and WTLQ-FM 97.7.
It also operates radio and TV stations licensed to Sun Broadcasting under a shared services agreement.
On Tuesday, Enforcement Bureau Associate Chief Jeremy D. Marcus confirmed that the bureau entered into the consent decree with FMBC. In doing so, an investigation into whether the licensee began clearing land for a wireless telecommunications tower before completing the required environmental review — an act required by the FCC’s environment rules and the National Environmental Policy Act of 1969 — has been resolved.
In this case, FMBC failed to fully assess whether its proposed facilities may significantly affect the environment.
To settle this matter, FMBC admitted that it violated the Commission’s environmental and antenna structure rules, and will implement a compliance plan.
There’s also a financial penalty, as FMBC has agreed to pay a $20,000 civil penalty.
