FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 2,060
xi, 1878-2785 p. ; 28 cm.View a full description of this book.
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station's public inspection file at the appropriate times. Licensee answered "No" to that certification and
attached an Exhibit 12 to the application Item. In the exhibit, Licensee states, in pertinent part:
Station staff was unaware that issues-programs reports were to be prepared and placed in
the file on a quarterly basis. The station staff has been instructed as to the correct
procedure and, to the extent possible, will create prior issues-programs reports for
placement in the station's public inspection file.
Station staff were able to recreate the WTSM(FM) issues-programs report for the first
quarter of 201 1 (the second and third quarter issues-programs reports had already been
completed and placed in the public inspection file on time). For the quarters prior to
2011 for which licensee is responsible (that is, from August 21, 2006, when WTSM(FM)
was acquired by the current licensee, through 2010), there was not enough infonnation
available to prepare issues-programs reports.5
II. DISCUSSION
4. Proposed Forfeiture. As Licensee has acknowledged, at the time of the filing of the
Station's license renewal application, and during periods within the license term, the Station's public
inspection file did not contain many of the items required to be retained in the file by Section 73.3526 of
the Rules. In this regard, where lapses occur in maintaining the public file, neither the negligent acts or
omissions of station employees or agents, nor the subsequent remedial actions undertaken by the licensee,
excuse or nullify a licensee's rule violation.6
5. Under Section 503(b)(l)(B) of the Act, a person who is found to have willfully or
repeatedly failed to comply with any provision of the Act or any rule, regulation, or order issued by the
Commission shall be liable to the United States for a forfeiture penalty.7 Section 312(f)(I) of the Act
defines willful as "the conscious and deliberate commission or omission of [any] act, irrespective of any
intent to violate" the law.s The legislative history to Section 312(f)(I) of the Act clarifies that this
definition of willful applies to both Sections 312 and 503(b) of the Act,9 and the Commission has so
interpreted the term in the Section 503(b) context.'0 Section 312(f)(2) 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
Exhibit 12. Application. Licensee acquired the Station from the original owner, 97.9 WJZT FM, Inc.. pursuant to
Application File No. BALLH-20060525ADW, granted July 10. 2006. See Broadcast Actions, Public Notice, Report
No. 46276 (rel. Jul. 13. 2006).
6 See Padre Serra Communications. Inc., Letter. 14 FCC Rcd 9709 (MMB 1999), citing Gaffney Broadcasting. Inc..
Memorandum Opinion and Order, 23 FCC 2d 912, 913 (1970) and Eleven Ten Broadcasting Corp., Notice of
Apparent Liability, 33 FCC 706 (1962): Surrey Front Range Limited Partnership, Letter. 7 FCC Rcd 6361 (FOB
1992).
47 7 U.S.C. 503(b)(I)(B). See also 47 C.F.R. 1.80(a)(1).
S47 U.S.C. 312(f)(1).
SSee H.R. Rep. No. 97-765, 97' Cong. 2d Sess. 51 (1982).
'o See Southern California Broadcasting Co.. Memorandum Opinion and Order. 6 FCC Red 4387. 4388 (1991)
recon denied. 7 FCC Red 3454 (1992).2060
Federal Communications Commission
DA 12-272
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94252/m1/201/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.