FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,913
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4. On January 5 and January 11, 2012, the agents also observed that a section of the fence
surrounding the base of the Station's antenna structure was missing, allowing ready access to its base.
The agents further noted that there was no fence around the perimeter of the property.
5. On January 17, 2012, an agent from the Atlanta Office, accompanied by the Station's
chief operator,6 inspected Station WDGR(AM)'s main studio and antenna structure. The agent observed
that a section of the fence was still missing. The chief operator stated that he knew the fence section was
missing, but that it had been missing for "not a long time." The chief operator also stated to the agent that
he was unaware that the Station had post sunset authority and of any nighttime operations by the Station.
The chief operator further explained that his assistant must have made an error and forgot to shut the
6. Section 503(b) of the Communications Act of 1934, as amended (Act), provides that any
person who willfully or repeatedly fails to comply substantially with the terms and conditions of any
license, or willfully or repeatedly fails 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.9 The legislative history to Section 312cf(1) 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.'2 The term "repeated" means
the commission or omission of such act more than once or for more than one day.'3
6 There was no designated chief operator at the Station, but the person stated that he was the Station's chief operator.
' The Station did not have automatic transmitter control equipment and required manual adjustment of the
transmitter at night. Non-remote control attended operation of transmission systems is permissible under the rules,
provided the station operates within tolerances at all times. See 47 C.F.R. 73.1400.
' 47 U.S.C. 503(b).
9 47 U.S.C. 312(f)(1).
10 H.R. Rep. No. 97-765, 97t 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 ....").
" 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 Red 3454 (1992).
12 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).
" 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 Red at 1362.
Federal Communications Commission
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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/m1/80/: accessed February 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.