FCC Orders Cumulus/Lexington Translator Off Air

RADIO ONLINE | Wednesday, June 22, 2016

The FCC's Media Bureau has ordered Cumulus Media to immediately cease operation of News/Talk W266AN-FM (101.1)/Lexington, KY. In its complaint, Mountain Broadcasting Service alleges that FM translator W266AN is interfering with the reception of its co-channel WSGS-FM/Hazard, KY. MBS identified 51 complaints from listeners in its filing. These listeners complained of recent difficulties receiving WSGS at their homes and in the nearby areas while driving.

On April 22, 2016, staff sent the staff letter to Cumulus providing the station thirty days to resolve all complaints of interference. The letter also explained that Section 74.1203 of the rules' states that if interference can not be properly eliminated by suitable techniques, the operation of the translator shall be suspended.

In response, Cumulus filed an Application for Review on May 20, 2016, requesting that the Commission rescind the staff letter. Cumulus argued that any additional action relating to the staff letter must await resolution of the legal and policy issues it raises in the Application for Review. The FCC noted that, as of the date of this letter, Cumulus has not resolved or addressed any of the listener interference complaints submitted in the complaint.

The Commission may, at its discretion, could stay the effectiveness of such action pending review, which it did not do in this case. Therefore, Cumulus was required to comply with the staff's determination regarding interference and resolve all complaints by May 23. Cumulus cannot extend this deadline simply by filing an appeal. Rather, during the pendency of its appeal, Cumulus must continue to comply with its obligations under the Rules. Because Cumulus has failed to eliminate the interference complaints to co-channel Station WSGS), it must immediately suspend operations of W266AN.