FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 4,153

                                
authorization for the Station's silence following its acquisition of the Station. Nor does it dispute that it
failed to obtain such authorization when the Station was silent for several months in late 2003 and early
2004. South Seas, however, does seek to excuse its failures. As detailed below, we find its arguments
unpersuasive.
7.     South Seas claims that it was unaware that, once it had acquired the Station (which had
discontinued operations under the previous licensee), it had to "specifically request authorization to
remain silent while it made preparations to return the station to operation."'s However, violations
resulting from inadvertent error or failure to become familiar with the FCC's requirements are willful
violations.16 South Seas argues that, during the Station's first period of silence, it "attempted to keep the
Commission apprised every step of the way as to its ongoing problems with returning WVUV(AM) to
full-power operation" and asserts that "[t]o impose a forfeiture on South Seas for this brief period of
silence elevates form over substance since, as noted, the Commission was already aware of
WVUV(AM)'s off-air status."'7 We find this argument unpersuasive, particularly given South Seas
failure to timely respond to Commission inquiries about the Station's operational status." In any event,
we note that compliance with Section 73.1740(aX)(4) is important in and of itself."
8.     South Seas attempts to excuse its failure to seek Commission authorization for the
Station's second period of silence. South Seas characterizes this failure as "mere oversight" and argues it
"hardly rises to the level of a 'willful and repeated violation' of Section 73.1740 of the Rules."2 As
noted, it is well established that administrative oversight or inadvertence is not a mitigating factor
warranting cancellation or reduction of a forfeiture.2' Moreover, we affirm our finding that South Seas'
failure to seek authorization for the Station's silence was both "willful" and "repeated." South Seas need
not have intended to violate the Commission's rules for its failure to be "willful" for purposes of Section
is Response at 2.
SSee Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Red 4387, 4387   4 (1991),
recon. denied, 7 FCC Red 3454 (1992) ("Southern California") (stating that "inadvertence ... is at best, ignorance of
the law, which the Commission does not consider a mitigating circumstance").
17 Response at 2.
" NAL, 23 FCC Red at 6476   4, 6479  16.
19 When a licensee discontinues operations for an extended period of time, the public is harmed through diminished
service. Renewal Reporting Requirements for Full Power, Commercial AM, FM and TV Broadcast Stations, Notice
of Proposed Rulemaking, 8 FCC Red 49, 49   5(1993) ("Renewal Reporting Requirements NPRM"). See also See
Media Bureau Announces Revisions to License Renewal Procedures and Form 303-S; Radio License Renewal Cycle
to Commence on May 2, 2011, Public Notice, 26 FCC Red 3809, 3810 (MB 2011) (revising FCC Form 303-S to,
among other things, require a licensee to certify that its station had not been silent for any period of more than 30
days and to require a licensee who cannot certify to this to submit an explanatory exhibit stating the dates during
which the station was silent (or operating less than its prescribed minimum operating hours)). Section 73.1740(a)(4)
requires a licensee to notify the Commission when causes beyond the licensee's control make it impossible to adhere
to the station's minimum operating schedule, and requires a licensee to seek authorization for any period of limited
or discontinued authorizations exceeding 30 days. In this way, it enables the Commission to remain informed about
the operational status of a station and permits the Commission to monitor the service that station is or is not
providing to its community. This, in turn, enables the Commission to ensure that licensees broadcast in the public
interest, a responsibility imposed by the Communications Act of 1934, as amended. Renewal Reporting
Requirements NPRM, 8 FCC Rd at 49.
20 Response at 4.
*' Southern California, 6 FCC Red at 4387   4 (1991).

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Federal Communications Commission

DA 12-623