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FCC Settles Kentucky Stations Compliance Case


Federal Communications Commission
Federal Communications Commission

The FCC's Media Bureau has reached a Consent Decree with Morgan County Industries resolving a series of rule violations involving four Kentucky radio stations, including late license renewal filings, periods of silence and reduced-power operation without required authority and deficiencies in the stations' online public inspection files.

The agreement covers WLKS-FM/West Liberty, WRLV-FM/Salyersville, WCBJ-FM/Campton and WMOR-FM/Morehead. The FCC adopted the Consent Decree on August 25 and released its order Wednesday.

The stations' license renewal applications were due April 1, 2020, but Morgan County Industries did not file them until May 1. The FCC subsequently received information alleging the stations had been off the air beginning in 2021, along with an informal objection to WMOR's renewal application alleging that station had ceased operations on March 29, 2021.

During the resulting investigation, Morgan County Industries admitted it failed to obtain Special Temporary Authority for the stations to remain silent for more than 30 days in 2021 and failed to obtain STA for WLKS to operate at reduced power for more than 30 days. The company also acknowledged that issues/programs lists were either missing or uploaded late to the stations' online public files.

The FCC investigation also found that a local programming and marketing agreement involving WLKS, WRLV and WCBJ was missing from their public files and that certifications concerning the online public files and minimum operating schedules in the stations' renewal applications were incorrect. Morgan County Industries subsequently uploaded most of the missing issues/programs lists and the programming and marketing agreement and amended its renewal applications to correct the certifications.

Under the settlement, Morgan County Industries must implement a three-year compliance plan covering station operating requirements and maintenance of the online public inspection files. The requirements will also bind Ridgeline Communications Incorporated, which has pending applications to acquire the four stations.

The compliance program requires the designation of a compliance officer, creation of a compliance manual and formal training for employees responsible for station operations and FCC compliance. The procedures must address timely license renewals, notifications of reduced-power or discontinued operations, STA requests and maintenance of complete and current public files. No civil penalty was imposed. The FCC said Morgan County Industries demonstrated that it lacked the ability to pay a monetary penalty.

The Bureau concluded that the record did not raise a substantial question about Morgan County Industries' basic qualifications as an FCC licensee and found the violations did not collectively constitute a pattern of abuse. However, the Commission noted that the violations could have warranted short-term license renewals if the stations were not being sold. Any grants of the renewal applications will be conditioned on completion of the proposed assignment to Ridgeline.

The FCC granted in part an informal objection filed against WMOR's renewal, based on the violations acknowledged by the licensee, but rejected the objection to the extent it sought denial of the station's renewal. The Commission said the four renewal applications and the pending assignment applications to Ridgeline will be acted upon separately.

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