FCC Record, Volume 28, No. 3, Pages 1829 to 2763, February 27 - March 15, 2013 Page: 1,867
x, 1829-2763 p. ; 28 cm.View a full description of this book.
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Federal Communications Commission
order issued by the Commission thereunder, shall be liable for a forfeiture penalty.4 Section 312(f)(1) of the
Act defines "willful" as the "conscious and deliberate commission or omission of [any] act, irrespective of
any intent to violate" the law.5 The legislative history to Section 312(fl1) of the Act clarifies that this
definition of willful applies to both Sections 312 and 503(b) of the Act, and the Commission has so
interpreted the term in the Section 503(b) context.' The Commission may also assess a forfeiture for
violations that are merely repeated, and not willful.8 The term "repeated" means the commission or
omission of such act more than once or for more than one day.9
A. Failure to Maintain a Complete Public Inspection File
4. Section 73.3526(a)2) of the Rules requires broadcast stations maintain for public
inspection a file containing materials listed in that section.'0 Section 73.3526(c)(1) of the Rules specifies
that the file shall be available for public inspection at any time during regular business hours," and Section
73.3526(e)(12) of the Rules specifically requires licensees to place in their public inspection file for each
calendar quarter, a list of programs that have provided the station's most significant treatment of community
issues during the preceding three month period.'2 This list is known as the issues/programs lists and must
include a brief narrative describing what issues were given significant treatment and the programming that
provided this treatment. Copies of the issues/programs lists must be retained in the public inspection file
until final action has been taken on the station's next license renewal application.'3 The renewal of the
Station KQLT(FM) license was granted on September 28, 2005, and expires October 1, 2013. At the time
of the August 17, 2011, inspection, the Station KQLT(FM) public inspection file was missing twenty-three
(23) consecutive quarters of radio issues/programs lists. The file contained no lists since the station's 2005
renewal was granted. Based on the evidence before us, we find that Mount Rushmore apparently willfully
and repeatedly violated Section 73.3526 of the Rules by failing to maintain the issues/programs lists and
make them available in the Station's public inspection file.
4 47 U.S.C. 503(b).
s47 U.S.C. 312(f)(1).
6 H.R. Rep. No. 97-765, 97" Cong. 2d Sess. 51 (1982) ("This provision [inserted in Section 312] defines the terms
'willful' and 'repeated' for purposes of section 312, and for any other relevant section of the act (e.g., Section 503)
.... As defined[,] ... 'willful' means that the licensee knew that he was doing the act in question, regardless of
whether there was an intent to violate the law. 'Repeated' means more than once, or where the act is continuous, for
more than one day. Whether an act is considered to be 'continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in Sections 312 and 503, and are consistent with
the Commission's application of those terms ....").
7See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6
FCC Rcd 4387, 4388 (1991), recons. denied, 7 FCC Rcd 3454 (1992).
8 See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362,
para. 10 (2001) (Callais Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable television operator's
repeated signal leakage).
9 Section 312(f)(2) of the Act, 47 U.S.C. 312(f)(2), which also applies to violations for which forfeitures are
assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the
commission or omission of any act, means the commission or omission of such act more than once or, if such
commission or omission is continuous, for more than one day." See Callais Cablevision, Inc., 16 FCC Rcd at 1362.
10 47 C.F.R. 73.3526(a)(2).
" 47 C.F.R. 73.3526(c)(1).
2 47 C.F.R. 73.3526(e)(12).1867
DA 13-293
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 3, Pages 1829 to 2763, February 27 - March 15, 2013, book, March 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc177413/m1/55/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.