[IRCA] FCC Enforcement Letters

["Joe Miller, AB8YP" <ab8yp@xxxxxxxxx>]

Although this happened to an FM station, it very well
could have been a MW station. From www.qrz.com 

73 from Joe Miller, AB8YP, Troy, MI




ENFORCEMENT:  PROPOSED $4000 FOR CONTEST RULES
VIOLATION

Hams are not the only ones hearing from the FCC
enforcement folks in recent days.  The agency has
issued a $4000 Notice of Apparent Liability for
Monetary Forfeiture to Saga Communications of New
England, L.L.C. licensee of Station WAQY-FM in 
Springfield, Massachusetts.  The proposed fine comes
as a result of the stations failure to fully and
accurately disclose the material terms of the contest
and conduct the contest substantially as announced or
advertised.  Bruce Tennent, K6PZW, reports:

--

The proposed fine is the result of a complaint from
Robert Naginewicz alleging that Saga failed to conduct
its contest involving the musical group Aerosmith,
which was broadcast by the station during the June
through July 2005 period.  According to Naginewicz, on
July 17, 2005, he won the contest's "Grand Prize
Giveaway," the prizes for which included a free
two-year lease on a 2005 Buick LaCrosse automobile, or
its cash equivalent, from the co-sponsor, Bob Pion
Pontiac.  Also, the cars trunk was supposed to be
loaded full of Aerosmith memorabilia.

Naginewicz alleges that although he was assured by the
station's staff that all of his prizes would be
delivered to him by July 22, 2005, he did not receive
the monetary portion until August 18, 2005.  Also,
despite numerous queries made of the station's staff,
as of December 31, 2005 he was still awaiting delivery
of the memorabilia portion.

Following up on the Naginewicz complaint, the
Enforcement Bureau by letter dated January 24, 2006,
inquired of Saga concerning these allegations.  Saga
responded on March 2, 2006.  It  contended that its
one-month delay in delivering the monetary portion of
the prize, although less than ideal, was "within the
zone of reasonableness."  It acknowledged, however,
that its failure to fulfill the memorabilia portion
until after Mr. Naginewicz had contacted the
Commission, represents a station "problem" that it
claims it has since addressed and resolved.  Saga
indicated  that, because of its delay in fulfilling
its promise to Mr. Naginewicz, it enhanced the award
made to him by contributing additional prizes.

But the FCC says that under Section 73.1216 of its
rules, a broadcast licensee must conduct
station-sponsored contests "substantially as announced
or advertised.  Also that it must disclose fully and
accurately the "material terms" of such contests.  And
the FCC says that it appears that Saga violated
Section 73.1216 of the Commission's rules by failing
to conduct the contest substantially as announced. 
Therefore the proposed $4000 fine.

For the Amateur Radio Newsline, I'm Bruce Tennent,
K6PZW, in Los Angeles.



       
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