FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,874
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Federal Communications Commission
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.2 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.3
The legislative history to Section 312(f)(1) of the Act clarifies that this definition of willful applies to both
Sections 312 and 503(b) of the Act,4 and the Commission has so interpreted the term in the Section 503(b)
context.s The Commission may also assess a forfeiture for violations that are merely repeated, and not
willful.6 The term "repeated" means the commission or omission of such act more than once or for more
than one day.7
A. Operation of an Unlicensed Studio-to-Transmitter Link
5. The evidence in this case establishes that AERCO violated Section 301 of the Act. Section
301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or
communications or signals by radio within the United States, except under and in accordance with the Act
and with a license." On February 29, and May 16 and 17, 2012, agents from the San Juan Office
determined that transmissions on the frequency 2067.5 MHz were emanating from Station WSJU-TV's
main studio in San Juan. On May 17, 2012, an agent observed that Station WSJU-TV was operating an
STL on 2067.5 MHz; and, in response to the agent's questions, AERCO staff admitted that the Station
was operating an STL on 2067.5 MHz and that it did not have a license for the STL. An agent from the
San Juan Office also confirmed after checking the Commission's databases that AERCO does not hold a
license to operate on 2067.5 MHz from that or any other location. Thus, based on the evidence before us,
we find that AERCO apparently willfully and repeatedly violated Section 301 of the Act by operating an
unlicensed STL link on the frequency 2067.5 MHz.
2 47 U.S.C. 503(b).
347 U.S.C. 312(f)(1).
4 H.R. Rep. No. 97-765, 97th 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 ... .").
5s See, 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).
6 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).
S7 ection 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.
' 47 U.S.C. 301.
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/41/: accessed July 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.