FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,023
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Response, R.J. explained that they had moved their transmitter in July 2009, and mistakenly believed that
the short distance of the move did not require FCC authorization.4 R.J. further admitted that they did not
have the required EAS equipment and that they had not been maintaining a public inspection file since the
public library, where they previously maintained their public file, closed "several years ago."
5. Section 503(b) of the Communications Act of 1934, as amended ("Act"), provides that any
person who willfully or repeatedly fathils to comply substantially with the terms and conditions of any license,
or willfully or repeatedly tils to comply with any of the provisions of the Act or of any rule, regulation, or
order issued by the Commission thereunder, shall be liable for a forfeiture penalty. 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.' The legislative history to section 312(f0(1) of the Act clarifies that this definition
of willful applies to both sections 312 and 503(b) of the Act,7 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. The term "repeated" means the commission or omission of such act more than
once or for more than one day."'
6. EAS Equipment. Section 1 1.35(a) of the Rules states that broadcast stations "are
responsible for ensuring that the EAS Encoders, EAS Decoders and Attention Signal generating and
receiving equipment used as part of the EAS are installed so that the monitoring and transmitting
functions are available during the times the stations and systems are in operation."' Section 1 1.11(b) of
the Rules specifies that Class D NCE stations are only required to install EAS decoders.' During the
March 12, 2010, inspection, the agent observed that R.J. had not installed the required EAS decoder
(...continued from previous page)
SSee Letter from Henry Tyler, President, R.J.'s Late Night Entertainment, to James Bridgewater, District Director,
Detroit Office, Northeast Region, dated August 3, 2010 ("LOI Respone").
SIn the LOI Response, R.J. reported that, on June 28, 2010, it filed an application for modification of its licensed
facilities to reflect its new transmitter site. See i. at 2. The modification application was granted on October 26,
2010 (1PED20100625ADJ), and the license to cover was granted on May 6, 2011 (BPED20110419AAL).
See 47 U.S.C. 503(b).
' See 47 U.S.C. 312(t)(1).
See II.R. Rep. No. 97-765. 971 Cong. 2d Sess. 51 (1982) ("This provision [inserted in section 3121 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' ineans 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 .. ").
See. e.g . .Ippliatilion for Review of/Southern ( /or if Broaruceasting Co., Memorandum Opinion and Order, 6
FCC Red 4387, 4388 (1991) ("Soutlhern Ca(tlt/ornu Bromdu/atingt Co.").
' See. ce.g. ,Callai ('C t'levierion. In , Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Red 1359. 1362,
para. 10 (2001) ("(flans (tabhlevt.ion. Incl ") (proposing a forfeiture for, Inter ilia, a cable television operator's
repeated signal leakage).
m Section 312(1)(2) of the Act. 47 U.S.C. 4 312(f)(2). which also applres to violations for which forfeitures arc
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, fbr more than one day."
" 47 C.F.R. I L35(a).
See, 47 C.l.R. 11.1 1(b).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/47/: accessed September 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.