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KA9LCF > NEWS 24.08.12 21:55l 56 Lines 2120 Bytes #999 (0) @ ALLIN
BID : 38173-KA9LCF
Read: GUEST
Subj: ARN: Enforcement
Path: IZ3LSV<IK6IHL<IK6ZDE<VE3UIL<J39BS<9Y4PJ<N9LYA<KA9LCF
Sent: 120824/0424Z 38173@KA9LCF.#NEIN.IN.USA.NOAM [169247]FBB7.01.35 alpha $:38
From: KA9LCF@KA9LCF.#NEIN.IN.USA.NOAM
To : NEWS@ALLIN
ENFORCEMENT: FCC AFFIRMS $11000 TOWER VIOLATION FINE
The FCC says Ely Radio, licensee of KWNA - AM of Winnemucca,
Nevada must pay an $11,000 fine for various tower
violations. Amateur Radio Newsline's Norm Seeley, KI7UP, is
here with the details:
--
The case began in 2008 when the San Francisco office of the
Enforcement Bureau originally fined Ely Radio $13,000
because its red obstruction lights were out and the licensee
had not notified the Federal Aviation Administration of the
outage. The commission also found that Ely had apparently
and repeatedly failed to notify the FCC about a change in
ownership information for the tower.
In its appeal, Ely denied owning the tower and said it
wasn't responsible for the structure's upkeep. As a result,
the FCC sent a Letter of Inquiry to KWNA's former owner,
Sheen Broadcasting Company. In its reply Sheen confirmed
it's no longer a commission licensee. Sheen told the
commission the company sold all of the equipment used to
operate the station, including the tower, to Ely in 2006.
In its appeal, Ely urged the FCC to reverse its decision,
arguing that it's really a tenant, not an owner. It is said
was because it leases the station building and land from
Sheen. But the commission did not find that argument
credible, saying in its decision that at best, it appears
that Ely and Sheen may have a continuing disagreement about
how each of them interprets their sale agreement. That said
the FCC says that it has determined that Ely is indeed the
tower owner and that it's the only licensee using the
structure. It also claims that Ely's personnel actually
improperly extinguished the tower lights that resulted in
the fine.
Because of Ely's past history of good compliance with
commission rules, the agency lowered the original fine by
$2,000 bringing the amount to $11,000. But it says Ely
Radio must pay the fine.
For the Amateur Radio Newsline, Im Norm Seeley, KI7UP, in
Scottsdale, Arizona.
--
Ely Radio was given the customary 30 days to pay or to file
a further appeal. (RW, FCC)
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