The FCC has issued broadcaster Roy E. Henderson a forfeiture order for willfully and repeatedly violating two of the Commission’s rules.
It appears Henderson operated an FM station at variance from its license without FCC authorization, for failing to timely file a STA to operate with its adjusted technical facilities, and for failing to disclose material information regarding the unauthorized operation of this 50kw Class C2 operation.
The station at the center of the matter is Class C2 WBNZ-FM 94.3 in Frankfort, Mich., near the Petoskey-Traverse City area of Michigan.
On May 30, the Media Bureau issued a Memorandum Opinion and Order
and Notice of Apparent Liability for Forfeiture (NAL) in the amount of $18,000 for the violations.
Henderson will need to pay it.
As noted in the NAL, on May 30, 2012, Henderson filed the referenced application for renewal of WBNZ’s license. On February 6, 2015, Henderson filed the referenced application for a Silent STA Application requesting permission to remain silent as of January 21, 2015, while he addressed a plumbing issue at the station’s facilities.
In response to a Bureau inquiry, Henderson reported that WBNZ returned to air on February 19, 2015, but “[d]ue to a clerical error it appears that Henderson did not notify the FCC of WBNZ’s on-air status.”
That was remedied.
On September 12, 2016, Henderson filed a request for STA to operate WBNZ with
reduced power, stating that “due to transmitter and power issues, WBNZ is currently operating at the reduced power of 1.4 kw.”
In its NAL, the Bureau found that on April 29, 2015, WBNZ commenced unauthorized
operations with non-conforming facilities and did not notify the Commission of this until filing the September 12, 2016 Engineering STA Application. The Bureau further found that Henderson did not disclose in the Engineering STA Application the material fact that the WBNZ had operated with an unauthorized power reduction for nearly 17 months prior to filing the Engineering STA Application.
Henderson did not file a response to the NAL, the FCC notes.
Now, it is up to Henderson to make the payment to the FCC within 30 days of today’s Order.
