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Will the FCC let this guy have an LPFM?

Time Warp

Banned
He was caught by the FCC pirating on the channel WHUM had allotted for Columbus Community Radio. Now he's applied for an LPFM.



FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
Northeast Region

Chicago Office
1550 North Northwest Highway, Suite 306
Park Ridge, IL 60068

May 2, 2014

via Certified Return Receipt and First Class Mail


Rafael Gonzalez
Columbus, Indiana

NOTICE OF UNLICENSED OPERATION

Case Number: EB-FIELDNER-14-00015147
Document Number: W201432320002

The Chicago Office received information that an unlicensed broadcast radio station on 93.5 MHz was allegedly operating in Columbus, Indiana. On April 3, 2014, an agent from this office confirmed by direction finding techniques that radio signals on frequency 93.5 MHz were emanating from your residence in Columbus, Indiana. The Commission’s records show that no license was issued for operation of a broadcast station on 93.5 MHz at this location in Columbus, Indiana.

Radio stations must be licensed by the FCC pursuant to 47 U.S.C. § 301. The only exception to this licensing requirement is for certain transmitters using or operating at a power level or mode of operation that complies with the standards established in Part 15 of the Commission’s rules, 47 C.F.R. §§ 15.1 et seq. The field strength of the signal on frequency 93.5 MHz was measured at 3,792,622 microvolts per meter (µV/m) at 817 meters, which exceeded the maximum permitted level of 250 µV/m at 3 meters for non-licensed devices. Thus, this station is operating in violation of 47 U.S.C. § 301.

You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment. (see 47 U.S.C. §§ 401, 501, 503 and 510).

UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY.

You have ten (10) days from the date of this notice to respond with any evidence that you have authority to operate granted by the FCC. Your response should be sent to the address in the letterhead and reference the listed case and document number. Under the Privacy Act of 1974, 5 U.S.C. § 552a(e)(3), we are informing you that the Commission’s staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules. This will include any information that you disclose in your reply.

You may contact this office if you have any questions.




James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau




Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, “Inspection Fact Sheet”, March 2005
 
He was caught by the FCC pirating on the channel WHUM had allotted for Columbus Community Radio. Now he's applied for an LPFM.
Right off the bat, it looks like he lied/committed perjury in the "Legal Certifications" section:
The question/statement is:

"The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, organizations, or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301."
 
Some of this is new news to me. About 20 years ago, I found a commercial channel 93.5 in Columbus Indiana. It was a Class A frequency that fit the FCC's separation requirements. Columbus Community Radio filed a petition for rulemaking and requested the frequency for noncommercial use as the city was forty miles from WRTV TV Ch 6. The petition was successful and 93.5 was added to the Table of Allotments.

An antiabortion group called the Gabriel Project got the CP grant because they had never had a radio station. Then they claimed to have built the FM station when they had not and got it licensed. The call letters were WGPI. After filing STA's, the FCC caught on to them and they turned in the license.

There was an LPFM filing window in 2013 and there are at least four channels in Columbus that the pirate could have applied for. I don't get it. Why would one pirate when he could have been on the air legally. I would have got him a CP for free.

Anyway, I wonder when the FCC will take new applications for 93.5 here. But I am reluctant to build new stations now.
 
Right off the bat, it looks like he lied/committed perjury in the "Legal Certifications" section:
The question/statement is:

"The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, organizations, or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301."
I think you're correct.
 
Unless the Commission disqualifies this application beforehand, when it appears in the public notice as "accepted for filing" that opens a 30 day window in which the public can file a Petition to Deny or an Informal Objection. I say everyone here should fire both barrels on this guy with either a petition or an objection. I doubt his application will survive after that.
 
Seems to be an uptick in dishonesty with this window. I think there are a lot of applications that fit under the "Will the FCC let this person have an LPFM?" topic.

For example, here's a Henderson, NV application that shows a lapse in truthfulness on multiple counts:
  1. The organization is expired.
  2. The organization was located in Salt Lake City
  3. Attached a business license for Henderson, NV for a since-expired corporation
  4. Certified, and claimed points, that it has existed for 2 years as a local nonprofit.
  5. They photoshopped an IRS document to read that they are in Good Standing: https://enterpriseefiling.fcc.gov/d.../attachment/25076ff38c46c86a018c4bd7af4e0bef/ [pdf]

Full application at Draft Copy « Licensing and Management System « FCC

There are a lot of lapses I've come across so far, but this one stood out with the photoshopped IRS document. I actually laughed aloud when I saw this one.

(This one used an LPFM consultant which leaves all sorts of additional questions)
 
Here's one that's been tossed in the garbage can for one issue, that you can plainly see, once you look closely. (Who has ever heard of a radio station being built out the Atlantic Ocean?) :unsure: I found other issues with this app., when I checked into it further and working hard at getting it dismissed for good.​

Dan <><

P.S. And yes...back in late 2022 and early 2023, this same person had an illegal pirate on at 87.9 FM in Selma Alabama. Thanks to me, Mr. Paul Alexander and my engineer Mr. Chris Johnson, we was able to stop him from broadcasting.​

For the LPFM app. visit: https://fccdata.org/?facid=787789

In closing: What some people will do to get a radio station! :LOL:
 
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Right off the bat, it looks like he lied/committed perjury in the "Legal Certifications" section:
The question/statement is:

"The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, organizations, or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301."
Well the same thing happened with the Selma app. The man lied on that section. See my post above, for more details. (The P.S. part)​

Dan <><
 
On the pirate issue, the FCC does not always cross check things like this. The only way this can be raised is if the application is accepted for filing opening the public notice period, someone can file a Petition to Deny (if they have standing) or an informal objection (which anyone can do) to outline the issue and challenge the application. This was done successfully on a couple of applications filed in the 2013 window.
 
Seems to be an uptick in dishonesty with this window. I think there are a lot of applications that fit under the "Will the FCC let this person have an LPFM?" topic.

For example, here's a Henderson, NV application that shows a lapse in truthfulness on multiple counts:
  1. The organization is expired.
  2. The organization was located in Salt Lake City
  3. Attached a business license for Henderson, NV for a since-expired corporation
  4. Certified, and claimed points, that it has existed for 2 years as a local nonprofit.
  5. They photoshopped an IRS document to read that they are in Good Standing: https://enterpriseefiling.fcc.gov/d.../attachment/25076ff38c46c86a018c4bd7af4e0bef/ [pdf]

Full application at Draft Copy « Licensing and Management System « FCC

There are a lot of lapses I've come across so far, but this one stood out with the photoshopped IRS document. I actually laughed aloud when I saw this one.

(This one used an LPFM consultant which leaves all sorts of additional questions)
We discuss this in the Window Tracker Tool on their MX Group. You can see why we disqualified the applicant there.
 
Here's one that's been tossed in the garbage can for one issue, that you can plainly see, once you look closely. (Who has ever heard of a radio station being built out the Atlantic Ocean?) :unsure: I found other issues with this app., when I checked into it further and working hard at getting it dismissed for good.​

Dan <><

P.S. And yes...back in late 2022 and early 2023, this same person had an illegal pirate on at 87.9 FM in Selma Alabama. Thanks to me, Mr. Paul Alexander and my engineer Mr. Chris Johnson, we was able to stop him from broadcasting.​

For the LPFM app. visit: https://fccdata.org/?facid=787789

In closing: What some people will do to get a radio station! :LOL:
Do you have evidence of the pirate such as photo's of his pirate antenna and audio recordings. I take it he was not popped by the FCC. You do have 2 witnesses though.
 
Well I don't. All I have is their words and mine. I can prove the man had it, with their help. But I still believe the app. itself will be dismissed on other grounds.​

Dan <><

P.S. I almost reported him but after finding out who he was, I contacted those other two people and they took care of the rest and made him close shop.

And...The signal was so weak, I was unable to hear it inside my house and around my radio tower. My own signal bled right though his, at this spot.​
 
Well I don't. All I have is their words and mine. I can prove the man had it, with their help. But I still believe the app. itself will be dismissed on other grounds.​

Dan <><

P.S. I almost reported him but after finding out who he was, I contacted those other two people and they took care of the rest and made him close shop.

And...The signal was so weak, I was unable to hear it inside my house and around my radio tower. My own signal bled right though his, at this spot.​
He wasn't pirating from his newspaper headquarters was he?
 
Well, that's hard to say, since he has many different addresses and phone numbers on his current app.

Dan <><

P.S. Yes he does own a newspaper called the Selma Post-Herald. It's a small time publication, he's been putting out for years now. The location itself is either one of those addresses listed on his app.

And...The station itself was broadcasting a mix of R&B, Blues, Jazz, Old School, City Government Meetings and Weather Information, with no liners or DJ's at all. It took me a few days to find out who this person was, since everything was on automation. After some bad weather had moved through, I heard a voice, knew who it was, contacted those other two people and the rest is history.​
 
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