The founder and owner of a broadcast television station licensee in Indiana has agreed to make a civil penalty to wipe the slate clean with the FCC over a matter that involves the unauthorized operation of a digital replacement translator for its home for The CW Network in Indianapolis.
DuJuan McCoy and his Circle City Broadcasting have entered into a Consent Decree with the Video Division of the FCC’s Media Bureau that resolves issues that arose with the Commission’s review of a license to cover construction of the digital replacement translator, or “DRT,” for WISH-8.
First, the FCC determined that Circle City was tardy in the filing of this application, and that the DRT was operating without Commission authorization.
The DRT construction permit was authorized by the Commission in November 2019; the expiry date was November 27, 2022. With no filing of the application, the CP expired on its own terms. However, the DRT commenced operations on March 3, 2020. An application didn’t arrive at the Commission until June of this year — more than four years after it was due.
McCoy’s explanation? The COVID-19 pandemic caused disruption to the normal course of operations, and as such the filing of the license application was “overlooked.”
He also argued that forcing CCB to terminate operations of its DRT “would disserve these viewers and would be inconsistent with the public interest and with Commission precedent.”
After discussions between the office of Barbara Kreisman and McCoy, a termination of all proceedings on the matter will transpire. For that to happen, McCoy is writing a $8,500 check to the U.S. Treasury; it is not a forfeiture.
Serving as McCoy’s legal counsel is Daniel Kirkpatrick of Fletcher, Heald & Hildreth.
