MI Radio: Feds Sue Birach Broadcasting Over Unpaid Fine

U.S. attorneys Barbara McQuade and Peter Caplan on behalf of the  Federal Goverment have filed a lawsuit against Birach Broadcasting Corp. for failure to pay a fine levied by the FCC

The government seeks payment of the $17,000 fine +interest slapped on Birach in 2012 for public file and tower fencing violations at Classic Country/Talk WCXI 1160 AM in Fenton, MI..

The FCC’s Enforcement Bureau says its previous $17,000 fine against Birach Broadcasting Corp. was justified and the penalty has now progressed to a Forfeiture Order.

The original penalty was levied in 2012 after an inspector noticed part of the fence for a two-tower array had separated, creating a gap allowing access to the towers. There was no perimeter fence around the property, either, according to the commission. In addition, part of the fine was levied because the station was missing all quarterly issue/program lists from its public inspection file.

Birach had argued the fine should be cancelled or reduced, telling the bureau it doesn’t own the towers, and so fence upkeep isn’t its “responsibility,” but the broadcaster fixed the fence anyway after it was fined.

The Enforcement Bureau didn’t find any of the licensee’s arguments persuasive, noting in its decision the fence gap is a “serious public safety issue.” The bureau notes the fence requirements apply to AM licensees, not tower owners, and it’s Birach’s responsibility to comply.