Best programming on the dial! They've been running a dead carrier for the past THREE DAYS! What has happened to being a RESPONSABLE station operator these days? And even though they're running nothing, they are STILL required to run a hourly legal station ID. Turn the stupid thing off, turn out the lights, lock the door and throw away the key if you can't do any better then that!
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WADV 940
- Thread starter DaveWilliams
- Start date
It's be great if WLBR would pick this up, put on The True Oldies Channel, or sports or something. I have more faith in them operating this station than the people who currently are.DaveWilliams said:Best programming on the dial! They've been running a dead carrier for the past THREE DAYS! What has happened to being a RESPONSABLE station operator these days? And even though they're running nothing, they are STILL required to run a hourly legal station ID. Turn the stupid thing off, turn out the lights, lock the door and throw away the key if you can't do any better then that!
about 34 years on the air. It's a miracle the station survived this long.
Does anyone know what is actually going on at WADV? Is the carrier still on? Are THEY even on? I'd have to say, if anything, 940 has (had) a heck of a signal for 1kw.
Its back on , noted on 1/29. Something really could be done with that station, you wouldn't get rich but it could do anything better then what its doing now!
I have found out that indeed the station is back on the air. Apparently, the automation system used is some sort of multi-CD player hook up. A player must have gotten "locked up" and thus the dead air. Which brings to question who exactly is monitoring the station? Apparently no one. FYI: I was told they play commercials (if they have any) and legal ID's actually all recorded on a CD, simply inserted into the system as a track selection. If the next track was not "tripped" nothing would play, including the legal ID...hence the absense there of. What a way to run a railroad!
There phone number 273-2611 is not in service. It would be interesting to show up during normal business hours to inspect their public file to see if anyone is at the station.
I believe the rule is that the carrier is suppose to be taken off if there is no modulation/audio for 15 minutes thats why they invented the silence sensor which should be hooked into a automatic transmitter control (ie: Burke, Sine System remote controls)to trigger an alarm and shut the carrier off. Correct me if I'm wrong but I've hooked many up to do that over the years.
I do not recall ever seeing that in any FCC rules. If anyone can quote what section of part 73 that was in, please say so. As long as you gave the ID at the top of the hour you were legal. How else could you do long term adjustment, tuning and testing of the transmitter overnights? Back in the days we did the annual proof of performance, it was common to have long periods of silence during the testing.
G
grandoleopry
Guest
I can tell you this, that station is operated purely as a ministry.
I am well aquainted with the Family that owns it. I do know
there are times when weather conditions are poor they are unable
to make to the site, and there are volunteers that watch over it for them,
as they live a considerable distance from the site.
While some of you may like to pass judgement on them and the way the run
the station , I would ask how many of you would fund a station thats income
often does not cover expenses purely to promote the Gospel?
I am well aquainted with the Family that owns it. I do know
there are times when weather conditions are poor they are unable
to make to the site, and there are volunteers that watch over it for them,
as they live a considerable distance from the site.
While some of you may like to pass judgement on them and the way the run
the station , I would ask how many of you would fund a station thats income
often does not cover expenses purely to promote the Gospel?
Running an AM station that way in today's world has to be a very tough situation. Regardless of that though, the FCC is not going to care if they were to visit the station and no one is at the main studio, they can not gain access to a public file, check EAS or tower lights. They can heavily fine the station no matter who owns it or what the format is. A hefty fine could put the owner out of business for not covering the basic minimum regulations we all live under.
Its wonderful to have the format they do but there are rules that have to be followed regardless. I've done my share of getting to stations when the weather is bad also, if anyone can remember the days when you went in at 6 AM Sunday morning to run the religious and public affairs shows. And yes, I have done my share of the proof of performance tests over the years and equipment tests during the experimental period. Regardless if a station is run by a staff of volunteers and the owners are miles away, they still have to be responsible for running the station. Three days of dead air certainly isn't.
G
grandoleopry
Guest
Dave,
I hadn't realized the period of down time was 3 days.
Thanks for making me aware of this I will be in touch with them
about these issues. You are both right in that holding a license
comes with responsibilities and the commission enforces the law
no matter who or what format you are. Guess I was letting my
friendship with them cloud my judgement...thanks guys for
the bringing it to my attention. I will communicate the seriousness
of this to them.
I hadn't realized the period of down time was 3 days.
Thanks for making me aware of this I will be in touch with them
about these issues. You are both right in that holding a license
comes with responsibilities and the commission enforces the law
no matter who or what format you are. Guess I was letting my
friendship with them cloud my judgement...thanks guys for
the bringing it to my attention. I will communicate the seriousness
of this to them.
Like Vetguy says, someone should be at the station not only for the FCC but for the general public in case someone wants to inspect the public inspection file. The last thing the station would want is a "congressional complaint" to the FCC. And the next thing you know, your friendly FCC inspector is knocking on the door within days of the complaint to complete their investigation and report the findings to the congressman or senator.
The Commission's main studio rules require that there be at least two station employees for whom the studio is their principal place of business. At least one of the two employees who report to the studio as their principal place of business must be a management level employee, and at least one of those employees must be present during all normal business hours. The main studio can never be an unmanned location. Programming must be able to originate from that location. I believe that if there is a second business at the same location, the person who remains at the office during business hours can be a shared employee between the two businesses. I know of one situation where the AM station under one ownership shared an employee with another owner who had purchased the FM station and was planning to move it out of the building to another location. If you watch FCC notices, they often fine stations when an inspector goes to the main studio and finds the doors locked and no one around.
G
grandoleopry
Guest
Many of the commissions regulations on main studio rules
are quite vague. In fact some recent policy decisions related to
staffing, equipment etc are only briefly described. Many of these
rules relating to main studio operations are left open to
differing interpretations. The commission has not clearly articulated
any precise requirements in many recent policy decisions.
With regard to staffing it mentions regular business hours, Well (what constitutes
regular business hours to one person may not be what another considers regular
business hours)
are quite vague. In fact some recent policy decisions related to
staffing, equipment etc are only briefly described. Many of these
rules relating to main studio operations are left open to
differing interpretations. The commission has not clearly articulated
any precise requirements in many recent policy decisions.
With regard to staffing it mentions regular business hours, Well (what constitutes
regular business hours to one person may not be what another considers regular
business hours)
G
grandoleopry
Guest
Not a lawyer, just stating the fact that many of the commissions
rules on main studio are vague, talk to any broadcast attorney and
they will tell you the same thing.
I am not in disagreement with you, In fact In a perfect world I would
just the same see main studios manned 24 - 7, however it is not economically
possible today as many smaller operators struggle with the ability to keep
their facilities on the air. I have seen fines levied against stations for not
having main studio accessable during business hours and in many cases those
operators are probably struggling to keep the stations on the air in the first place.
I'm not excusing their lack of oversight by any means just pointing out there
is an economic reality to this whole issue.
rules on main studio are vague, talk to any broadcast attorney and
they will tell you the same thing.
I am not in disagreement with you, In fact In a perfect world I would
just the same see main studios manned 24 - 7, however it is not economically
possible today as many smaller operators struggle with the ability to keep
their facilities on the air. I have seen fines levied against stations for not
having main studio accessable during business hours and in many cases those
operators are probably struggling to keep the stations on the air in the first place.
I'm not excusing their lack of oversight by any means just pointing out there
is an economic reality to this whole issue.
They were fined once for power issues in 2007, here is the FCC decision:
NOTICE
********************************************************
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*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
WADV Radio, Inc. ) File Number EB-05-PA-046
Licensee of Station WADV ) NAL/Acct. No. 200632400003
Lebanon, Pennsylvania ) FRN 0005-00-4502
Facility ID # 20401 )
)
FORFEITURE ORDER
Adopted: February 27, 2007 Released: March 1, 2007
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to WADV Radio, Inc.
("WADV"), the licensee of AM Broadcast Radio station WADV in Lebanon,
Pennsylvania, for willfully and repeatedly violating Section
73.1745(a) of the Commission's Rules ("Rules") by operating its
station at a power of more than 5 Watts during nighttime hours, in
direct contravention of the terms of its station authorization.
2. On September 29, 2006, the Commission's Philadelphia Field Office
issued a Notice of Apparent Liability for Forfeiture ("NAL") in the
amount of $4000 to WADV for failure to reduce power or cease
operations at local sunset time on numerous occasions during December
2005 and January 2006. WADV does not dispute the findings in the NAL,
but requests a cancellation or reduction of the forfeiture based on
its inability to pay, its history of compliance with the Commission's
Rules, and the remedial efforts it has taken to prevent future
violations.
3. We decline to reduce the proposed forfeiture based on an inability to
pay. The Commission has determined that, in general, an individual's
or entity's gross revenues are the best indicator of an ability to pay
a forfeiture. We have reviewed the federal tax returns submitted by
WADV and find that the forfeiture represents a percentage of gross
income that falls within the range that has been found acceptable. We
likewise decline to reduce the proposed forfeiture based on the fact
that WADV has installed automated equipment that will prevent future
over-powered operations. The Commission consistently has held that
corrective action taken to come into compliance with the Rules is
expected, and does not nullify or mitigate any prior forfeitures or
violations. Finally, we also decline to reduce the proposed
forfeiture based on WADV's history of compliance. WADV previously has
received three Notices of Violation, two of which included violations
for over-powered operation.
4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), and Sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, WADV Radio, Inc. IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully
and repeatedly violating Section 73.1745(a) of the Rules.
5. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) days of the release of
this Order. If the forfeiture is not paid within the period specified,
the case may be referred to the Department of Justice for collection
pursuant to Section 504(a) of the Act. Payment of the forfeiture must
be made by check or similar instrument, payable to the order of the
Federal Communications Commission. The payment must include the
NAL/Acct. No. and FRN No. referenced above. Payment by check or money
order may be mailed to Federal Communications Commission, P.O. Box
358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be
sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number
911-6106. Requests for full payment under an installment plan should
be sent to: Associate Managing Director, Financial Operations, 1A625,
445 12th Street, S.W., Washington, D.C. 20554.
6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to WADV Radio,
Inc. at its address of record and to counsel for WADV Radio, Inc. at
his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
Enforcement Bureau
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
WADV Radio, Inc. ) File Number EB-05-PA-046
Licensee of Station WADV ) NAL/Acct. No. 200632400003
Lebanon, Pennsylvania ) FRN 0005-00-4502
Facility ID # 20401 )
)
FORFEITURE ORDER
Adopted: February 27, 2007 Released: March 1, 2007
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to WADV Radio, Inc.
("WADV"), the licensee of AM Broadcast Radio station WADV in Lebanon,
Pennsylvania, for willfully and repeatedly violating Section
73.1745(a) of the Commission's Rules ("Rules") by operating its
station at a power of more than 5 Watts during nighttime hours, in
direct contravention of the terms of its station authorization.
2. On September 29, 2006, the Commission's Philadelphia Field Office
issued a Notice of Apparent Liability for Forfeiture ("NAL") in the
amount of $4000 to WADV for failure to reduce power or cease
operations at local sunset time on numerous occasions during December
2005 and January 2006. WADV does not dispute the findings in the NAL,
but requests a cancellation or reduction of the forfeiture based on
its inability to pay, its history of compliance with the Commission's
Rules, and the remedial efforts it has taken to prevent future
violations.
3. We decline to reduce the proposed forfeiture based on an inability to
pay. The Commission has determined that, in general, an individual's
or entity's gross revenues are the best indicator of an ability to pay
a forfeiture. We have reviewed the federal tax returns submitted by
WADV and find that the forfeiture represents a percentage of gross
income that falls within the range that has been found acceptable. We
likewise decline to reduce the proposed forfeiture based on the fact
that WADV has installed automated equipment that will prevent future
over-powered operations. The Commission consistently has held that
corrective action taken to come into compliance with the Rules is
expected, and does not nullify or mitigate any prior forfeitures or
violations. Finally, we also decline to reduce the proposed
forfeiture based on WADV's history of compliance. WADV previously has
received three Notices of Violation, two of which included violations
for over-powered operation.
4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), and Sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, WADV Radio, Inc. IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully
and repeatedly violating Section 73.1745(a) of the Rules.
5. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) days of the release of
this Order. If the forfeiture is not paid within the period specified,
the case may be referred to the Department of Justice for collection
pursuant to Section 504(a) of the Act. Payment of the forfeiture must
be made by check or similar instrument, payable to the order of the
Federal Communications Commission. The payment must include the
NAL/Acct. No. and FRN No. referenced above. Payment by check or money
order may be mailed to Federal Communications Commission, P.O. Box
358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be
sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number
911-6106. Requests for full payment under an installment plan should
be sent to: Associate Managing Director, Financial Operations, 1A625,
445 12th Street, S.W., Washington, D.C. 20554.
6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to WADV Radio,
Inc. at its address of record and to counsel for WADV Radio, Inc. at
his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
Enforcement Bureau
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