An FM translator serving Alabama’s biggest market must fork over thousands of dollars to the FCC for operating the facility at a variance from its licensed transmitter location without the Commission’s authorization.
Shelby Broadcast Associates in January 2024 received a Notice of Apparent Liability for Forfeiture from FCC Media Bureau Audio Division Chief Al Shuldiner for violations associated with W252BE at 98.3 MHz in Tarrant, Ala., serving Birmingham.
As RBR+TVBR reported on June 10, 2020, Shelby sold the FM translator to Maria Rivera’s Rivera Communications for $184,000. Today, it is part of “La Jefa,” a regional Mexican audio brand targeting the market’s Spanish-speaking community.
But, in November 2015, W252BE was the property of Valleydale Broadcasting LLC. At the time, Valleydale filed a Special Temporary Authority application with the FCC, getting an OK to operate from a lower antenna height and at a higher ERP than authorized in its license. Why? W252BE’s coaxial cable was severed. The Media Bureau granted the STA, with a May 19, 2016 expiration date. An extension request was granted, shifting the expiry date to November 19, 2016.
Then, in April 2017, Valleydale agreed to sell W252BE to Shelby. Ahead of the deal’s June 2017 closing, a May 12, 2017 Modification Application with the Commission from Valleydale sought to modify the FM translator’s power output and antenna pattern. This was designed to resolved alleged interference with what is today WSGN-FM in Stewartville, Ala., a Marble City Media property.
Marble City was not satisfied, and in July 2018 went to the FCC again with claims of interference from W252BE, atop Red Mountain. However, Marble City made a key accusation — that Shelby, now the licensee of the FM translator, lacked a valid license because the mini-FM was not modified to operate with the technical specifications authorized in the 2017 Modification Application.
This triggered a July 2018 engineering STA request from Shelby seeking permission to operate W252BE from its licensed site but with a lower antenna height an a new directional antenna pattern. The application was immediately dismissed on the grounds that Shelby had failed to state a reason for the request. Shelby tried again — but used the same reason as it did way back in November 2015. This resulted in a Marble City objection, and it went so far as to say W252BE was operational through an expired license. This tug-of-war between Marble City and Shelby continued.
Interestingly, Marble City’s lack of demonstration as to why it was not a party in the original proceeding did not disqualify it from making an objection. Why? Shuldiner believes Marble City’s allegations in this matter remain unresolved in Shelby’s other pending
applications. Additionally, he admits the Bureau erred in granting a renewal application for the FM translator while those applications remained pending.
Shuldiner then reviewed the facts, and determined that the FM translator’s unauthorized operation does not trigger automatic expiration of its license under section 312(g) of the Communications Act. But, Shuldiner did confirm that W252BE’s operations have been unauthorized since the 2015 STA Extension expired on November 19, 2016. Yet, Shelby certified “Yes” in the Renewal Application that “there had been no violations by the licensee” of W252BE during the proceeding license term even though there clearly were. That amounts to false certification.
In February 2024, Shelby responded to the NALF by arguing for a reduction or cancellation of the proposed $16,500 fine. IRS tax returns for FY 2020, FY 2021 and FY 2022 were provided.
However, “substantial economic gain” is a factor the Commission also takes into consideration, and Shelby has a pending station sale valued at $184,000 — significantly greater than the fine (8.9% of the price, to be precise).
As such, Shuldiner rejected the request for a reduction or cancellation of the fine, and Shelby must now pay up.
