[BC] The things licensees get away with...

[Gary Zocolo]

From: "Sid Schweiger" <sid at wrko.com>
> it's also true that minor issues are often overlooked if the RI sees that you're making a good overall effort to comply with the rules.  During one inspection I was a part of, one of our stations was monitoring an incorrect station for EAS, and I'm positive that our overall operation and record of compliance was what caused the RI to just go over with us what we should be monitoring and told us, "just get that fixed, we won't write you up."

Sid is right.

I have been through three inspections. The latest two were in the past 8 years. A general good record and demonstration of compliance along with evidence of substantial effort to remain in compliance was the key in both of them. As Keith said, it is possible for an item to fall through the cracks. In both of those inspections, they found one or two items missed in the 3 composite years they checked our EAS records. I am talking about a missed weekly, only one test noted as received in a week as opposed to two (LP1 AND LP2) or unlogged RMT.  Neither resulted in any further action. They did point it out however and asked questions about the issues they found. When they checked signage at the sites, power levels, directional compliance and the public file, everything else was in order...I never heard from them again. They were both actually pleasant and professional experiences.

In the first inspection I ever went through, I had just taken over a little work at a cheapskate daytime operation from a "contract engineer". The inspector found 17 violations, some serious like no EAS records, operators unable to perform a test, broken antenna monitors, tower fence problems, it was ugly. I was not there when the inspection happened. I think the other guy was gone because of the less than stellar inspection results. When the Notice of apparent violation came, the owner gave it to me and told me to take care of it. No counsel...nothing, just take care of it. I made a gulping noise first, then fixed all of the violations and promptly replied to the FCC specifically addressing each line item violation and describing how it had been brought into compliance. My letter was honest and straightforward.

No fine was ever assessed in that case. It happened in 1990. I was a contractor there for about another year before moving on. I still have a hard time believing that one really happened that way, but it did.

Gary Zocolo CE
Cleveland