Key Points
- The FCC renewed the license of Mississippi AM station WABG despite finding rule violations and false statements.
- The agency cited no pattern of abuse and allowed the station to remain on air under a consent decree.
- The owner must implement compliance measures and pay a reduced $1,000 civil penalty.
The Federal Communications Commission (FCC) this week agreed to renew the broadcast license of a Mississippi-based AM radio station, despite finding the station and its owners made false statements to the agency and implemented an unauthorized transfer of control of the outlet, among other rules violations.
The station, WABG (960 AM), will remain on the air under a consent decree that resolves the investigation and requires a series of compliance measures, according to trade publication Inside Radio.
At the center of the case is a 2015 ownership change involving Bennie Wells, who the FCC determined acquired full control of the station by buying out two other principals without filing the required transfer application or obtaining prior regulatory approval. The FCC’s Media Bureau said the transaction should have been submitted for review before being completed.
The agency also identified several ongoing compliance failures. According to the FCC, WABG owner SPB did not upload required quarterly issues and programs lists to its online public inspection file and failed to file multiple biennial ownership reports over several years. The Bureau further found that the company made false certifications in its license renewal application by asserting it had complied with those obligations during the license term.
Despite the violations, the FCC said it wouldn’t decline to renew the broadcast license for WABG, finding the issues did not constitute a “pattern of abuse” that would disqualify the licensee. The agency also said the record did not raise substantial concerns about SPB’s qualifications to continue operating the station.
Instead, the matter was resolved through a consent decree requiring SPB to implement a formal compliance plan. That plan includes appointing a compliance officer, establishing internal procedures and conducting staff training on FCC rules related to ownership, public file requirements and truthful disclosures.
SPB will also pay a $1,000 civil penalty, with the FCC noting the reduced amount reflects the company’s documented inability to pay a larger fine.
The FCC also dismissed a petition to deny filed by Larry Fuss, determining he lacked standing because he does not reside in the station’s service area. The agency said it nonetheless reviewed and rejected the claims on their merits. A separate informal objection raising similar concerns was also denied.
With the consent decree in place and the investigation concluded, the FCC said WABG’s license renewal application will proceed toward approval.
The renewal comes at a time when the FCC, under current Chairman Brendan Carr, has threatened the broadcast licenses of local television stations owned by networks that air content that officials within the Trump administration find objectionable.
Last year, Carr encouraged local TV stations affiliated with ABC to pre-empt future broadcasts of the late night talk show “Jimmy Kimmel Live!” after host Jimmy Kimmel delivered a politically-tinged monologue following the assassination of conservative activist Charlie Kirk. Two broadcasters — Nexstar Media Group and Sinclair, Inc. — dropped the show from their schedules for about two weeks. Both media companies had business-related transactions that required FCC approval.
Carr has also threatened to revoke a long-standing exemption from the agency’s “equal time” rules for broadcast stations that air local or network programming that contain interviews with political candidates from certain parties over others. Specifically, Carr took issue with interviews aired on ABC’s “The View” and a pulled conversation that was set to air on “The Late Show with Stephen Colbert” on CBS, which wound up streaming on YouTube instead.
Carr said the equal time rule issue wouldn’t apply to AM radio stations that air news or commentary programs.
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