$12,500 Forfeiture Proposed for FM Translator Lack of 'Truthfulness'

The FCC Media Bureau proposed a $12,500 forfeiture for a radio broadcaster for using an unauthorized antenna and making false certifications to the agency, said a notice of apparent liability in Monday’s Daily Digest. Crocodile Broadcasting Corp.’s use of an omnidirectional antenna rather than the directional one authorized for its FM translator W234DH, Baton Rouge, Louisiana, was brought to the FCC’s attention through a petition against the station’s license from broadcaster Radio & Investments. The agency denied that petition as late-filed but pursued the matter on its own because “the allegations raise significant concerns about CBC’s truthfulness,” the NAL said. As part of the translator application process, Crocodile certified it was using the authorized antenna, but it admitted using the unauthorized antenna temporarily due to mechanical issues. “CBC contends that it had no intent to deceive, but simply did not recognize the significance of the antenna substitution and, thus, did not mention it to counsel who prepared the License Application,” the NAL said. “Upon reviewing the record, we find that there is no evidence of deceptive intent and, thus, no misrepresentation or lack of candor,” the Media Bureau said.