Earlier this week a North Carolina station was slammed with a $25,000 fine for inadequate tower fencing. WGTM-AM compounded the tower problem when station officials were unable to provide a public file during an FCC inspection. In his weekly "Ask The Attorney" column John Garziglia answers says the rules on tower fencing are very easy to understand.
"The FCC?s rule on fencing for AM towers is clear and unequivocal. An AM tower, assuming that it has RF potential at the base, must be either fenced or otherwise restricted from public access. Because AM stations often have wood rather than metal fencing around a tower for engineering reasons, the fencing can be subject to deterioration if not maintained. Missing boards, gaps in fencing, and gates that no longer lock, are all issues that can create potential FCC forfeitures and other liabilities for AM stations.
Simply put, if a member of the public without too much effort can get through a fence and access an AM tower, the fencing is insufficient and the station is risking an FCC fine and civil liability. The FCC puts the onus on the radio station to protect members of the public from doing something stupid like walking up to an AM tower and grabbing it while standing on the ground.
For FM stations, RFR exposure levels often dictate required fencing around a tower to protect members of the public from RFR exposure limits from being exceeded. For both AM and FM stations, perimeter fencing, in lieu of a fence around each tower, is allowable under the FCC?s rule provided that the perimeter fencing truly restricts public access to the towers.
How often should the tower fence be inspected? Tower fences are a matter of public safety. A tower fence must be inspected as often as it takes to insure that it continues to have integrity, that the gates are locked, and that the public is affirmatively restricted from access to broadcast towers.
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John F. Garziglia is a Communications Law Attorney with Womble Carlyle Sandridge & Rice in Washington, DC and can be reached at (202) 857-4455 or jgarziglia@wcsr.com. Have a question for our "Ask The Attorney" feature? Send to edryan@radioink.com.
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