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:
- Public File Violations Lead to Spate of FCC Consent Decrees
- California Tower Owner Cited for Multiple Violations
- Montana TV Translators Miss License Renewal Deadline
Public File Violations Lead to Consent Decrees with Multiple California Licensees
In a flurry of Consent Decrees, the FCC resolved investigations into Public Inspection File violations by three California television licensees. Two of the Consent Decrees impose $32,500 civil penalties for willfully and repeatedly violating the FCC’s rules by failing to timely upload to the Public Inspection File required Quarterly Issues/Programs Lists and children’s commercial limits certifications. The third licensee agreed to pay a $42,500 civil penalty for the same violations, as well as for the late filing of a license to cover application and the resulting unauthorized operation.
In each instance, while processing license renewal applications, the FCC’s Media Bureau noted that the applicant had been unable to certify that all required documentation had been uploaded to the station’s Public Inspection File when required during the license term. Each station disclosed that it had been late in uploading Quarterly Issues/Programs Lists and children’s commercial limits certifications to its Public Inspection File, asserting “administrative oversight and/or employee turnover.”
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.” Section 73.3526(e)(11)(ii) of the FCC’s Rules requires that every full power commercial television station place in its Public Inspection File “records sufficient to permit substantiation of the station’s certification, in its license renewal application, of compliance with the commercial limits on children’s programming….”
Each Consent Decree details the respective station’s failure to timely upload multiple Issues/Programs Lists and commercial limits certifications. The first station uploaded 26 Issues/Programs lists late and 21 children’s commercial limits certifications late. The second station uploaded 31 Issues/Programs Lists late and 23 children’s commercial limits certifications late. The third station uploaded 27 Issues/Programs lists late and 20 children’s commercial limits certifications late. Each station had several such Lists and certifications that were uploaded over a year late. As of the date each Consent Decree was adopted, the respective station had uploaded all required documents to its Public Inspection File.
With regard to the third station, in addition to the late Quarterly Issues/Program Lists and children’s commercial limits certifications, it had failed to timely file a license to cover application. In June 2021, the FCC granted the station a construction permit to modify the station’s facilities to increase power. The construction permit had an expiration date of June 2024. Despite timely completing construction of the new facilities around October 2021, the licensee did not file a license application for the new facilities until March 2025. Sections 73.3536 and 73.3598(a) of the FCC’s Rules require that a license application be filed promptly upon completion of construction.