Federal Communications Commission
Washington, D.C. 20554
April 09, 2014

First Cullman Broadcasting, Inc.
P.O. Box 1792
Cullman, AL 35055

Re:

WCQT-LP, Cullman, Alabama
Facility ID No. 21592

Dear Licensee:
This is with respect to the request filed by First Cullman Broadcasting, Inc. (“First Cullman”)
seeking reconsideration of the Video Division’s July 25, 2012, decision cancelling the license and
deleting the call sign for station WCQT-LP, Cullman, Alabama (the “Station”). In light of the unique
facts and circumstances set forth below, the request filed by First Cullman is granted and the license and
call sign of WCQT-LP is reinstated.
Background. On September 29, 2011, First Cullman filed a request for Special Temporary
Authority (“STA”) to remain silent. In that request First Cullman stated that the station had gone silent
due to a catastrophic F4 tornado that struck the WCQT-LP facilities on April 27, 2011.1 According to
First Cullman, the tornado “destroyed the WCQT antenna tower, and also destroyed WCQT’s antenna,
tore off the roof of the Station’s studio, and damaged other facility equipment required for broadcast
operation.”2 As acknowledged by First Cullman, the Commission did not receive notification that the
Station had returned to operations3 and accordingly, on July 25, 2012, more than 15 months after the
Station went silent, the Video Division cancelled the Station’s license and call sign pursuant to section
312(g) of the Communications Act of 1934, as amended.4
In its Petition, First Cullman requests that the Video Division reconsider the cancellation of the
Station’s license pursuant to the provision in section 312(g) that “the Commission may extend or
reinstate [the license of a station that has been off the air for more than 12 months] . . . to promote equity
and fairness.”5 First Cullman explains that it was forced off the air as the result of a tornado and asserts
that in the past, the Commission has exercised its section 312(g) discretion in cases involving natural

1

File No. BLSTA-20110929AEX (First Cullman acknowledges the late filing of the STA request and states that
First Cullman staff “was under the impression that the application had already been filed.”).

2

First Cullman Petition at 2-3.

3

First Cullman also acknowledges its failure file a timely license to cover application upon completion of its facility
(File No. BLDTL 20120823ABG). Id. at 4-5. We remind First Cullman of its requirement as a Commission
licensee to make all required filings in a timely manner and we do not rule out sanctions for similar violations in the
future.
4

Section 312(g) reads, in part that: “If a broadcasting station fails to transmit broadcast signals for any consecutive
12-month period, then the station license granted for the operation of that broadcast station expires at the end of that
period, notwithstanding any provision, term or condition of the license to the contrary….” 47 U.S.C. §312(g).

5

Id.

disasters.6 In light of the catastrophic damage sustained during the tornado and given the approaching
low power digital television transition deadline,7 First Cullman made the decision to rebuild its facility to
support digital operations rather than construct another analog facility. First Cullman states that it placed
orders for a new digital antenna and transmitter on January 5, 2012; however, it did not receive delivery
of the antenna until April 12, 2012, and of the transmitter until July 16, 2012. As an interim measure,
First Cullman borrowed a transmitter and resumed service on May 25, 2012—one month after the 12month section 312(g) deadline.8
Discussion. Pursuant to section 312(g), the Commission has the limited discretion to reinstate a
license “to promote equity and fairness.” The Commission has exercised its authority to reinstate a
license in cases involving natural disaster or other compelling circumstances outside of the licensee’s
control which forced cessation of the station’s operations.9 The Commission has declined to reinstate
licenses where failure to transmit a broadcast signal was due to the licensee's own actions, finances,
and/or business judgments.10 Because the extended silence was the direct result of circumstances beyond
the stations control, specifically a F4 tornado that destroyed the station’s facilities, we find that it is
appropriate to exercise our discretion under section 312(g) in order to promote equity and fairness.
Accordingly, we find that in order to promote fairness and equity the request filed by First
Cullman Broadcasting, Inc. IS HERERBY GRANTED, and the license and call sign for WCQT-LP IS
REINSTATED.
Sincerely,

Hossein Hashemzadeh
Deputy Chief, Video Division
Media Bureau
cc:
David Hill (by electronic mail)
6

First Cullman Petition at 6 (citing V.I. Stereo Communications Corp., 21 FCC Rcd 14259 (2006)).

7

See Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power
Television, Television Translator and Television Booster Stations and to Amend Rules for Digital Class A Television
Stations, MB Docket. No. 03-185, Second Report and Order, 26 FCC Rcd 10732 (2011) (establishing a hard
deadline of September 1, 2015, for the termination of all analog low power facilities).
8

First Cullman Petition at 3-4. See File No. BDISDTL-20110826ADA (granted Oct. 31, 2011).

9

See, e.g., V.I. Stereo Communications Corp., 21 FCC Rcd. 14259 (2006)(granting a request to reinstate a station’s
license when the station’s tower had been destroyed by a hurricane and after it was rebuilt, again sustained
substantial damage from three more hurricanes); Community Bible Church, Letter, 23 FCC Rcd 15012, 15014 (MB
2008) (reinstatement warranted where licensee took all steps needed to return to air, but remained off air to promote
air safety after discovering and reporting that FCC and FAA records contained incorrect tower information); Mark
Chapman, Court-Appointed Agent, Letter, 22 FCC Rcd 6578 (MB 2007) (reinstatement warranted where extended
silence resulted from licensee's compliance with a court order).
10

See, e.g., A-O Broadcasting, 23 FCC Rcd at 617 (2008) (reinstatement not warranted when site loss was a result
of licensee's rule violations and continued silence was a result of licensee’s failure to complete construction at an
alternate site); ETC Communications, Inc., Letter, 25 FCC Rcd 10686, 10689 (MB 2010) (reinstatement not
warranted where licensee chose not to operate financially struggling station while offering it for sale); Kirby Young,
Letter, 23 FCC Rcd 35 (MB 2008) (reinstatement not appropriate where the licensee was not financially able to
restore operations after transmitter failed).

2