Steckline Communications, licensee of KIUL-AM Garden City KS says that there should be no violation. It did not “willfully” knock down the fence around its station’s tower, a storm did. But the FCC thinks otherwise.
Steckline was hit for a $7K fine 5/6/13 for the fence violation. The violation itself was not in dispute. What Steckline objected to was the assertion it was in any way willful in committing this violation of the rules. Rather, it said the violation was due to natural causes or an “act of God.”
The fence is said to have gone down initially in April 2012. Steckline made temporary repairs the next month, but when the FCC inspected in July, parts were still down. Steckline said this was due to further wind storms in the interim.
The FCC said the word willful refers to either a deliberate act “or omission” that is associated with a violation. In this case, omission applies – Steckline failed to promptly fix the problem, hence the fine is both valid and willful.
The FCC did reduce the fine from $7K to $5.6K based on Steckline’s prior history of compliance with FCC rules and regs.
RBR-TVBR observation: As we’ve noted in the past, the FCC could probably save everybody concerned time and headaches if it would use “willful” the way everybody else does. To everyday users of the English language, the word very much carries the baggage of intent, and when “willful” is used in the context of storm damage or even forgetfulness, as in failing to put a document in a public file on time due to a memory lapse, the average user of English feels they are being wrongly accused.
Just say what the problem is without using that word, FCC!
The KIOL fence was down, through no fault of Stecklines, the FCC could have said. In violation of the rules, Steckline failed to fix this problem promptly, and is therefore liable for a $7K penalty, which we’ll reduce to $5.6K on grounds of good behavior.
We cannot tell you how often we see licensees hit with an NAL appeal, not because they believe they are innocent, but simply because they believe the violation was not willful. Take that word out of the equation and watch the violation appeal rate start shrinking instantly.
