Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:
- Late License Application Leads to $8,500 Consent Decree for Digital Replacement Translator Licensee
- Hawaii TV Station’s Late Uploads Lead to Proposed $20,000 Fine
- Key West LPTV Station Faces $6,500 Fine for Failure to File a License Application and Unauthorized Operation
Indiana Broadcaster Agrees to $8,500 Consent Decree for Unauthorized Operation and Untimely License Applications
The FCC’s Media Bureau and the licensee of a Digital Replacement Translator (DRT) for a television station entered into a Consent Decree to resolve an investigation into whether the licensee failed to file a timely license application for the DRT and subsequently engaged in unauthorized operation of it.
Section 73.3598 of the FCC’s Rules specifies that construction permits are valid for three years and requires that a license application must be filed upon completion of construction. Section 73.1745 of the Rules requires a station to hold an FCC license to operate.
In this case, the Media Bureau granted a DRT construction permit in November 2019, with an expiration date in November 2022. However, upon completion of construction, the licensee failed to file a license to cover application. The licensee began operating the DRT in March 2020, but explained that it overlooked filing the application due to an “administrative oversight” that coincided with the beginning of the COVID-19 pandemic. The licensee did not file a license to cover application until June 2024, more than four years after it began operating the facility and a year and a half after the construction permit expired.
The licensee filed a petition for reconsideration asking that its construction permit be reinstated and requesting permission to file a late license application. The licensee explained that the facility was operating and providing viewers in the area improved reception of local news programming. It asserted that terminating operation of the DRT would therefore not serve the public interest.
Acknowledging that the licensee had a history of compliance with the FCC’s rules, the Bureau agreed to enter into a Consent Decree with the licensee under which the licensee admitted that its actions were willful and repeated violations of the FCC’s rules, it agreed to pay a civil penalty of $8,500, and it committed to implement a multi-part compliance plan, including appointing a compliance officer, creating a compliance manual, training its employees, and submitting annual compliance reports to the Commission until the grant of its next license renewal application.