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FCC Sets Aside $5,000 EAS Fine

The Federal Communications System (FCC) has set aside a forfeiture of $5,000 issued to Calvary Chapel of Costa Mesa, Inc., licensee of KWVE-FM in San Clemente, Calif., for transmitting an unauthorized Required Monthly Test (RMT) of the Emergency Alert System (EAS) that did not comply with the FCC’s procedures. Calvary objected to the penalty as an isolated situation that involved a voluntary service. NAB filed comments in support of Calvary’s request for reconsideration of the fine, noting that local primary stations provide EAS on a voluntary basis, and that such EAS tests are designed to identify problems before a real disaster strikes. NAB explained that penalizing stations for mistakes during EAS tests could jeopardize voluntary participation in the system. As a result, in lieu of the forfeiture, the FCC decided to admonish Calvary for its violation of the FCC’s rules, and directed Calvary to submit a compliance report describing the measures it has undertaken to prevent a recurrence of its prior violation. Press reports state that Calvary intends to file an appeal seeking to also have the FCC's admonishment set aside.




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