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FCC Fines WOAP $4000 Over Nighttime Authority
RADIO ONLINE | Thursday, June 14, 2012 |
The FCC has issued a $4000 Notice of Apparent Liability for Forfeiture to Birach Broadcasting's WOAP-AM in Owosso, MI, for operating outside of licensed broadcast hours. The station is a daytimer and during the month of October, 2010, it failed to sign-off at local sunset time, which is 6pm ET. At the time, an agent of the Detroit Office monitored WOAP and observed that the outlet continued to operate after local sunset, albeit at reduced power.
The agent spoke to the station's Chief Operator, who reported that he believed the station had post-sunset authority (PSSA). WOAP's Chief Operator also reported to the agent that the station had a construction permit to build modified facilities that would allow nighttime operation and that he therefore believed operating the station at nighttime at a low power would not cause any interference.
According to Commission records, although WOAP was granted a PSSA on February 28, 2007, the agency suspended the station's PSSA on March 7, 2007. The agent also found that the Commission granted the station a construction permit to modify its facilities to operate with 50kw day and 4.5kw night directional, but Birach never constructed the modified facilities.
WOAP has thirty days to assure the Commission, under the penalty of perjury, that it is currently operating in compliance with its licensed broadcast day.
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