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KUMI-FM On the air? Same licensee as KNSJ-FM.

Seems they never actually constructed the station even though they told the FCC they did on 7/15/2019.

Federal Communications Commission Washington, D.C. 20554
June 24, 2021
Activist San Diego
P.O. Box 5631
San Diego CA 92165

Re: KUMI(FM), Ramona, CA
Facility ID No. 176023
Operational Status Inquiry

Dear Licensee: It has come to our attention that FM Station KUMI, Ramona, California (Station), licensed to Activist San Diego (ASD) may have been silent or operating with unauthorized facilities for over a year. However, Commission records show that the Station is licensed and operating. Pursuant to section 73.1740 of the Commission’s Rules, ASD is required to clarify this matter in writing within thirty days of the date of this letter. On October 13, 2020, two complaints were filed against the Station, one by the Pala Band of Mission Indians and the Southern California Tribal Chairman’s Association,

1 and the other by Ray Chuparossa, Chairman of the Los Coyotes Band of Cupeño and Cahuilla Indians (Los Coyotes).

2 Each complaint alleges that there is no station at the location specified in the Station’s license; specifically, there is no transmitter, tower, or antenna at the coordinates specified in File No. BLED-20190715AAA.

3 They further note that if such a station existed, it would have been constructed without the permission of the landowner, the Los Coyotes Band of Cupeño and Cahuilla Indians. Los Coyotes states that it was approached by ASD in the past with a proposal to construct a station on the reservation, and Los Coyotes rejected the proposal because they decided that ASD’s efforts were not in the best interests of the tribe or the community. Los Coyotes states that they denied ASD access or permission to develop a station anywhere on the reservation. Based on this information, it appears that the Station may have been silent (or failed to operate with authorized facilities) for more than one year.
Pursuant to Section 312(g) of the Communications Act of 1934, as amended, if a broadcast station fails to transmit broadcast signals with its authorized facilities for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary, except that the Commission may extend or reinstate such station license to promote equity and fairness.

4 1 Complaint, Pala Band of Mission Indians and the Southern California Tribal Chairman’s Association (Oct. 13, 2020). 2 Complaint, Ray Chuparossa, Chairman of the Los Coyotes Band of Cupeño and Cahuilla Indians (Oct. 13, 2020). 3 See File No. BLED-20190715AAA (granted on July 19, 2019). 4 47 U.S.C. §312(g).

The Commission has exercised its discretion under section 312(g) to extend or reinstate a 2 ASD must provide evidence documenting the Station’s operational status since July 19, 2019. This evidence must indicate the location, effective radiated power and antenna height above ground level for all periods of operation from July 19, 2019, to the present. Also include copies of all leases, personnel records (including payroll records appropriately redacted to protect the privacy of individual employees), engineering records, and station records, including EAS logs, and all correspondence (including emails and text messages) relating to the Station for that period of time. In addition, you must provide copies of all invoices, bills, checks written or received, credit card charges, wire transfers or deposits of funds relating to the Station’s operation.5 ASD must also include pictures of the Station’s studio facilities and transmission facilities during this timeframe, and provide exact coordinates for the Station’s transmitter site. We also note that it is imperative to the safety of air navigation that any prescribed painting and illumination of the Station’s towers shall be maintained.

Failure to respond to this letter within the specified time will result in adverse actions jeopardizing both the Station’s license and call letters.
 
This is what happens when you have a bunch of amateurs who think they are so smart and are pretend professionals.

Let's face it, KNSJ is a pretend radio station who have convinced themselves they are impacting the San Diego radio market and taking over the world with their drivel with their matchstick transmitter in the middle of the desert. Talking to these folks it is absolutely incredible how they are so convinced and drunk on their importance. Seeing how they are essentially showing a third finger to the FCC shows their incompetence that they don't understand that you don't screw with the FCC, you dot every "i, " and cross every "t."

The FCC doesn't believe in tears.
 
Zombie radio station? Or maybe they didn't strike a match to light up the transmitter?

This could get really interesting, especially that the indigenous tribes apparently were adamant that they didn't want the radio station on their tribal lands.....
 
Interesting that there is nothing at the site according to the tribes. It is more interesting that there was two filings by
9B SURVEYOR'S CERTIFICATION Vincent Januszewski, P.L.S
9C ENGINEER'S CERTIFICATION Dr. Raghavan Jayakumar
Were these fake? Why would someone with a PE file a false filing?
From the engineer's certification:

"The antennas were mounted on a 2” mast as modeled by PSI, a low level structure to stabilize the mast."

Sounds like removing this wouldn't be a huge deal. Before suggesting false certifications, my thought would be whether the antenna was there just long enough to get a legitimate certification, and then removed after the engineer left and before the tribes even knew it had been there.
 
I think Michael Hagerty nailed it. As I have seen many times, stations looking to relocate or remain active will sometimes use a temporary set-up that is brought in with the engineer and leaves with them. All the data for the paperwork and documentation is done at that time including time-stamped photos. It appears they took their chances by not filing a STA and have now been told to dispute the allegations with raw evidence. The persons signing off on the documentation have their names on the line with the FCC, so they wouldn't do a false filing. They simply did what they were hired to do and the data they submitted is correct.

It would appear the licensee is not going to have an easy way to save this station. Building it out at any cost and operating it would be cheaper that the legal bill and any 'punishment' doled out. That might not even be an option as 'lack of candor' may apply here.
 
Since they did not have permission to even be on the land nor permission to install anything at the site on Tribal Lands they do have an issue. I wonder if the certifications are even correct?
 
Leasing an antenna site or tower space on tribal lands is not an issue if the First Nations' entity accepts the placement and receives proper compensation. In the Susanville, California area, KAJK, KGXX and two FM translators broadcast from the tribal lands of the Susanville Indian Ranchería, home of the Maidu, Washoe, Paiute, and Pit River nations. (The stations' tower is located adjacent to a residential area.)

Obviously the Pala Band of Mission Indians and KUMI never made such an agreement.
 
Since they did not have permission to even be on the land nor permission to install anything at the site on Tribal Lands they do have an issue. I wonder if the certifications are even correct?
The issue here is that they "were correct" at the time the certifications were made. If a temporary installation was made by placing a small mast on the property and then certifying that it was there at that time, the issue is whether there was ever any permanent operation.

The engineers only certify the fact that in a particular moment something exists. They can not see or certify the past or the future. Nor are they required to inspect the lease or property ownership of the facility they are certifying.
 
That is the issue they misrepresented to the FCC that they were on the air per the license.
And, apparently, they were monetarily in compliance and on the air. Our suspicion is that they immediately packed their s---t and went away after the PE's had certified its existence.

If one examines the nature of the licensee and understands how totally counter-culture and anti-authoritarian they seem to be in some aspects, one can understand that they may find FCC regulations excessively restrictive and "needlessly" detailed. In other words, they possibly think they have done nothing wrong and that "the man" is just trying to inhibit their need to broadcast the word.
 
Even if they did go on the air for a few minutes there is no silent authority. They filed a license to cover on 7/15/2019 and not it is 7/04/2021. That mean they have been silent for over a year and the license is no longer valid.
 
And, apparently, they were monetarily in compliance and on the air. Our suspicion is that they immediately packed their s---t and went away after the PE's had certified its existence.

If one examines the nature of the licensee and understands how totally counter-culture and anti-authoritarian they seem to be in some aspects, one can understand that they may find FCC regulations excessively restrictive and "needlessly" detailed. In other words, they possibly think they have done nothing wrong and that "the man" is just trying to inhibit their need to broadcast the word.
As always, you so always so totally rock..... A man who is obviously a voice of reason and armed with knowledge of facts and how things work.....
 
That is the issue they misrepresented to the FCC that they were on the air per the license.
Methinks and have a hunch that this could get VERY VERY expensive for Activist San Diego (ASD). ASD didn't even have the money to pay for insurance when their antenna for KNSJ was damaged in a bad icing event a couple of years ago. KNSJ was knocked off the air while they did fundraisers to get enough money for a new antenna, pay engineers to put it up, etc. If they are somehow going to try to fight the FCC on this, their Washington DC attorneys are going to get very EXPENSIVE and are going to want a MINIMUM retainer which they will be hard up to pony up some bucks.

I wonder if this whole issue with KUMI is going to be the poison dart that is going to at least kill KNSJ and put it out of its misery.

What is also crazy is that KUMI's signal is directed over Ramona, CA., a mostly very conservative small town where most of the residents have at least 10 rifles and guns and loads of ammunition. This is Sean Hannity and Michael Savage country....not Thom Hartmann or their lot of radical left-wing show hosts that even the Democratic party wants nothing to do with....
 
What is interesting is that there is ABSOLUTELY no mention KUMI-FM on the flagship KNSJ website, nor does there seem to be a website for KUMI-FM.

The game plan was for KUMI-FM to initially simulcast the KNSJ-FM Descanso signal and then eventually KUMI-FM would break off for several hours from the mothership's signal and air programming specific to Ramona, CA.
 
Our suspicion is that they immediately packed their s---t and went away after the PE's had certified its existence.
Back in the day---and this may still be the case---the FCC required a licensee to have two years' operating expenses in the bank in order to get a license approved. A requirement rooted in public service---ensuring the station stays on the air.

I worked for a guy who put a station on the air in the 1970s. Fulfilled all the requirements. Six months in, I showed up for a morning shift to find only one turntable. Woke the guy. He sold the other one to pay the power bill. The two years worth of operating expenses? Borrowed off the books from some friends and repaid the day after the FCC got him his license.

More than 40 years later, this guy is still a licensee---different station, but still holds an FCC license to operate a broadcast station.
 
What is interesting is that there is ABSOLUTELY no mention KUMI-FM on the flagship KNSJ website, nor does there seem to be a website for KUMI-FM.

The game plan was for KUMI-FM to initially simulcast the KNSJ-FM Descanso signal and then eventually KUMI-FM would break off for several hours from the mothership's signal and air programming specific to Ramona, CA.
The correspondence folder on this station tells quite a story. This license was dismissed at one point and reinstated after a member of congress wrote the FCC on their behalf, saying that the licensee was working with the same area tribes that now claim to have never agreed to work with them.

I realize this is heresy on a radio board, but you're more likely to be able to afford to keep broadcasting your message, whatever that message is, if you spend a little less than $75/month on good stream hosting and app development than you are in bidding on license allocations in unpopulated areas and trying to move them into town in the hopes that someone might tune in.

Maybe I'm just getting jaded, but I've seen too many of my friends lose their life savings trying to live the dream of owning a radio station. The one guy with the best signal and money in the bank to keep it going still lost everything when the town's tourism was wiped out one season and the whole city went bust.

I love radio, but I just don't see it as a viable investment these days.
 
BINGO!

I advised one of their on air hosts that they should make their show as a podcast which would get a way bigger audience. This individual is kind of stuck in the 1990s who is convinced that terrestial radio is the way to go. These folks at Activist San Diego, are frankly, and I know this for a fact, smoking wayyyyyy too much marijuana and are in their collective foggy nirvanas.
 
The correspondence folder on this station tells quite a story. This license was dismissed at one point and reinstated after a member of congress wrote the FCC on their behalf, saying that the licensee was working with the same area tribes that now claim to have never agreed to work with them.

I realize this is heresy on a radio board, but you're more likely to be able to afford to keep broadcasting your message, whatever that message is, if you spend a little less than $75/month on good stream hosting and app development than you are in bidding on license allocations in unpopulated areas and trying to move them into town in the hopes that someone might tune in.

Maybe I'm just getting jaded, but I've seen too many of my friends lose their life savings trying to live the dream of owning a radio station. The one guy with the best signal and money in the bank to keep it going still lost everything when the town's tourism was wiped out one season and the whole city went bust.

I love radio, but I just don't see it as a viable investment these days.
I went huntin' for this correspondence you mentioned and found empty file folders. Did you find this stuff on the KNSJ site?
 
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