Did the licensee of a low-power FM radio station serving Greeley, Colo., violate FCC rules by promoting products, services or businesses?
That’s what the Enforcement Bureau says, as it has issued a Notice of Apparent Liability against a purveyor of Oldies music branded as “Pirate Radio.”
The mini-FM in question is KELS-LPFM 104.7 in Greeley, with 61 watts of power.
The station, according to its website, has an array of sponsors — all local businesses. They include Not Your Average Nerds, Christian Brothers Automotive, Grizzly Garage Door, Roma
Restaurant, Western Computer Support Services, Florio’s Shoes, True Abundance Property Management, and Weiss Jewelers, among other sponsors.
And, it is the very name “sponsor” that is at the heart of an alleged underwriting over-the-line act by KELS’s operator, Plymouth Gathering Inc.
As determined by the Enforcement Bureau, “Pirate Radio” over a three-month period in 2018 apparently aired more than 1,600 advertisements promoting the products, services or businesses of at least 14 financial contributors.
That’s a no-no, and goes beyond an on-air mention of a supporter.
As such, the Bureau proposes a $15,000 fine against Plymouth for its apparent violation.
An LPFM, in the eyes of the FCC, must abide by the same underwriting rules as a noncommercial FM radio station.
In the Notice of Apparent Liability for Forfeiture released Thursday (7/2), the Commission noted that it had received “multiple complaints” since 2015 alleging that Plymouth Meeting Inc. is airing advertisements on KELS-LPFM.
Commission staff and field agents from the Enforcement Bureau investigated and monitored “Pirate Radio.” On Sept. 5, 2018, the Colorado Field Office conducted an additional inspection of the station and recorded a segment of programming that appeared to include commercial announcements.
In February 2019, Plymouth Meeting responded, acknowledging it broadcast 13 different announcements more than 1,600 times over a three-month period in late 2018. But, it does not maintain records concerning the broadcast dates, times or text of the announcements.
That’s OK, the Enforcement Bureau shared example copy of just how “Pirate Radio” went over the line with its underwriters.
In the case of Weiss Jewelers, the following announcement ran:
This is Scott from Weiss Jewelers. Have you been storing jewelry with broken clasps, prongs that need repair, or maybe a watch that needs a new battery or crystal replaced? Maybe you’re looking to restyle some of your old jewelry or refurbish grandfather’s keepsake watch. Make that old piece of jewelry look like new again. Weiss Jewelers, your headquarters for all your jewelry and watch repair needs, 955 52nd Avenue Court in Greeley, or visit us on the web weissjewelers.com.
That’s clearly a commercial, and now “Pirate Radio” must release some of its underwriter booty to Enforcement Bureau Chief Rosemary Harold and her merry compatriots in Washington.
