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:
- Washington State Television Licensee Agrees to $29,000 Consent Decree for Public File Violations
- Numerous FCC Rule Infractions Lead to Notice of Violation for Virginia AM Station
- Multinational Media Company Agrees to Consent Decree and $244,952 Penalty to Resolve EAS Violations
Public File Violations by Washington State Television Licensee Yield $29,000 Consent Decree
In the course of processing license renewal applications for three Washington state television stations, the FCC’s Media Bureau noted that the applicant certified that all required documentation had been uploaded to the stations’ Public Inspection Files when required. According to the Media Bureau, however, the licensee failed to timely upload 40 Quarterly Issues/Programs Lists.
Section 73.3526(e)(11)(i) of the FCC’s Rules requires that every full power commercial television station place in its Public Inspection File “a list of programs that have provided the station’s most significant treatment of community issues during the preceding three month period.” The list must include a brief narrative of the issues addressed, as well as the date, time, duration, and title of each program aired that addressed those issues. The list must be placed in the Public Inspection File within 10 days of the end of each calendar quarter.
The Media Bureau noted that the Washington stations had failed to upload some quarterly lists at all, and many others had been uploaded late. With regard to the licensee’s Spokane station, the FCC stated that three of the lists created during the license term were uploaded more than one year late. Its Richland station uploaded seven lists more than one year late, six lists between one month and one year late, and three lists under one month late. Lastly, its Yakima station uploaded nine lists over one year late, seven lists between one month and one year late, and five lists under one month late.
Compliance with the FCC’s rules requires that all reports be timely uploaded and that any failure to do so be disclosed in making the relevant certification in a station’s license renewal application. At the request of the FCC, the licensee uploaded the lists that were entirely missing from the stations’ Public Inspection Files and amended the stations’ license renewal applications to change its certifications that “the documentation, required by 47 C.F.R. Section 73.3526 … has been uploaded to the station’s public inspection file when required” from a “Yes” response to a “No.” The licensee also included attachments in the amendments disclosing the lists that were filed late.