A tough lesson for local high school radio station
By Jennifer Zartman Romano
After nearly 25 years on the air, a pesky matter has local high school radio station 91.5 FM WJHS in hot water with the Federal Communications Commission (FCC).
Whitley County Consolidated Schools, which owns the station, was fined $7,000 recently for failing to renew their license properly.
According to official correspondence between the FCC and WJHS, the station’s license was due for renewal on April 1, 2004. Four months later, on August 1, 2004, it expired and an application was not filed again until February 28, 2005. Additionally, WJHS was late in filing a special temporary authorization to continue broadcasting during a period of months in 2005.
In January 2007, the radio station was notified they would be fined $7,000 for operating without a license, a violation of the Communications Act of 1934. The range of the fine for this type of infraction is between $3,000-$10,000.
According to the January 2007 communication from the FCC, the station operated for nearly seven months after the license expired and continued operations for more than 15 months after the license expired before seeking a special temporary authorization. Later, the station failed to seek an extension of the special temporary authorization after it expired.
The fine was appealed by the school system in March 2007, but the school system learned in September that the appeal they filed with the governmental agency was rejected. The school system, citing limited funding, said they were unable to pay for the fine and were hoping for governmental leniency.
The FCC letter states, in part, “Columbia City states that its failure to timely file the renewal application was unintentional and that it would be a financial hardship for it to pay the forfeiture. It also argues that the staff should consider Columbia City’s status as a non-profit governmental entity. Therefore, it argues, the forfeiture should be cancelled.”
The letter also states, “As the Commission has held, however, violations resulting from inadvertent error or failure to become familiar with the FCC's requirements are willful violations. In the context of a forfeiture action, ‘willful’ does not require a finding that the rule violation was intentional. Rather, the term ‘willful’ means that the violator knew that it was taking (or, in this case, not taking) the action in question, irrespective of any intent to violate the Rules. Columbia City’s personnel issues do not excuse its conduct, as the licensee is ultimately responsible for ensuring it complied with the Commission’s Rules by filing a timely renewal application.”
Despite the school system’s request for a reduction in the fine, the FCC’s communication stated they would not consider it unless the school system is able to provide documentation that the fine is a significant hardship.
The letter states that the school system must pay the fine within 30 days of the receipt of the letter, dated September 17, 2009.
Because the FCC did not view the matter as a serious infraction, a new license was issued to the station that will not expire until August 2012.
WJHS is widely enjoyed for their adult alternative format, as well as broadcast coverage of Columbia City High School sports and Whitley County Consolidated School board meetings. The station is student-run, teaching youths broadcasting fundamentals.
“That is such a huge resource for the Whitley County area,” said WJHS listener Nick Henney of Columbia City. “I hope it gets rectified.”
Echoing his sentiments, Kristen Swick added, “WJHS is one of the best radio stations in the area.”