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KOKE-AM, KTXZ and KELG in Austin Loose Their FCC Licenses

E

everydayguy

Looking around the FCC website this weekend I found this.

The Austin AM stations KOKE-AM at 1600, KTXZ at 1560 and KELG at 1440 have had their broadcast licenses revoked by the FCC.

The FCC says that Encino Broadcasting did not file for their license renewals back in April and have to stop broadcasting immediately. They are gone. No more. Seems crazy that whoever owns them didn't bother to get their licenses renewed.

LINK TO FCC LETTER:
http://licensing.fcc.gov/cgi-bin/prod/cdbs/forms/prod/getimportletter_exh.cgi?import_letter_id=42542
 
Keep in mind that we don't know the whole story yet, and we may never know it. It's also possible this situation may resolve itself in due time.

While it's certainly not common, there was a glitch in the FCC's system a few years ago that caused several broadcasters who filed timely renewals to get deleted. One was Purdue University, which lost its license for WBAA 920 and 101.3 in Lafayette, IN. Purdue showed a copy of its timely filed renewal to the FCC and was allowed an STA to continue operating until the situation was resolved. I don't believe Purdue knew there was a problem until they got the same kind of letter from the FCC, and, after seeing the copy of the renewal filing, the FCC investigated and found several other operators who filed around the same time that day also didn't end up getting processed. One was a station in Colorado, I believe. After the FCC finished its investigation, the operators who were deleted in error, including Purdue, were reinstated.

So, it's possible, even if not necessarily likely, that KOKE, KTXZ and KELG filed for renewal only to get lost in the system. Whatever the case, there's a good chance we haven't heard the last of these stations and Encino Broadcasting, even if they eventually have to go dark because of a mistake on Encino's own part.
 
When did the stations go off the air or are they still broadcasting?
 
All three stations are listed with the "D" preceding their call letters.
 
I just got KTXZ 1560 for long enough to determine that it's still up and playing. ;)
Or has it's license been reinstated?
 
Stations file license renewals late or forget to file them all the time... licenses get deleted, stations file Special Temporary Authorities to remain on the air while they file the renewals until they are granted.. the stations are fined.. end of story.
 
The renewal applications for all three stations were indeed filed August 8th, and each of them contained this puzzling exhibit:

Description: BIENNIAL OWNERSHIP REPORT:

THE LICENSEE ATTEMPTED TO FILE AN OWNERSHIP REPORT BUT CDBS WOULD NOT PERMIT THE FILING TO BE MADE BECAUSE THE STATION LICENSE IS TREATED AS HAVING BEEN CANCELLED.
 
More of the story...

Encino is requesting Special Temporary Authority to continue operating the stations, even though the FCC canceled their licenses and deleted the call letters. They admit that they didn't file for renewal in a timely manner, but take a look at their description of "mitigating circumstances": https://licensing.fcc.gov/cgi-bin/w...xt=25&appn=101568128&formid=911&fac_num=59278

I have to admit I've never seen anything quite like this; the serious medical problems of owner Jose Garcia, Jr. are cited as the primary reason for the oversight. It's an unfortunate situation and hopefully the FCC will grant the STA and license renewals.
 
Looking at the laundry list of ailments and then the track record of this licensee, I suspect they will allow the renewal and the STA. One thing I can say about the FCC is they tend to be on the side of the broadcaster more than not and will consider situations on an individual basis. There may be a few conditions and a small fine. I know of one instance where a CP was reinstated because the owner was the caregiver for a family member that had a terminal illness. Because of a lengthy record of doing everything by the book, the FCC made an exception in that case. I'd say such things are rare but my point is the FCC is much more human and supportive that you'd think if you have a good track record with them.
 
The times I've called the station in the past couple of years the owner always answered the phone. If he's been out I can see where things would fall apart. I hope the FCC cuts him some slack. The world needs more owner/operators.
 
Update time:

Today's Radio Ink shows an $18k fine for not having that small matter of a license taken care of...

Encino Broadcasting is facing an NAL from the FCC for failing to file timely renewal applications and operating stations KELG-AM in Manor, Texas; KOKE-AM in Pflugerville, Texas; and KTXZ-AM in West Lake Hills, Texas after their licenses had expired. Encino admitted it had not filed timely renewals earlier this year...
Click to expand...

http://www.radioink.com/Article.asp?id=2725242&spid=24698


....and here's the order....

http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db1118/DA-13-2205A1.pdf
 
Last edited:
I agree with fred. So the stations operated for a while without everything being on the up and up, big deal. I think the fine is excessive and hope that Encino files a motion for a reduction and gets it.
 
fredcantu said:
$18k sounds like it would be a hardship for a mom and pop like them.
Click to expand...

While $18,000 is a significant amount of money, Mr. Garcia sold 92.5, 1440, 1560 and 1600 to Border for, I believe, $19,500,000 and bought back the AMs for more than $5,000,000 a few years later. These stations are commercial and have paid staffs.

I am glad to see the FCC show mercy to him during this challenging season in his life. I think that was the right decision and in the public interest. That being said, $6,000 per station, doesn't seem unreasonable for this situation, especially when you consider the FCC fines mom and pops and volunteer-run non-profits $10,000 on a regular basis for missing or incomplete quarterly issues reports in their public files.
 
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