FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,154
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operation at the time of the inspection on April 8, 2010, it did not file a license application to operate on
462.800 MHz until after its receipt of the LOI, and that it continued to operate on the unauthorized
frequency after the agents' inspection.5 However, Harrah's requests that the Commission excuse the
unauthorized operation because: (I) its failure to renew the license for operation on 462.800 MHz was
inadvertent; (2) the unlicensed operation did not cause any harmful interference; and (3) Harrah's
corrected the situation immediately upon notification by the FCC.
4. Section 503(b) of the 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.6 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.7 The legislative
history to section 312(f)(I ) clarifies that this definition of willful applies to both sections 312 and 503(b)' 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.'0 "Repeated" means that the act was
committed or omitted more than once, or lasts more than one day."
5. Section 301 of the Act and section 1.903(a) of the Rules prohibit the use or operation of
any apparatus for the transmission of energy or communications or signals by radio except under, and in
accordance with, a Commission granted authorization." Additionally, section 1.949(a) of the Rules
requires that licensees file renewal applications for wireless radio stations, "no later than the expiration
date of the authorization for which renewal is sought, and no sooner than 90 days prior to expiration.""3
Absent a timely filed renewal application, a wireless radio station license automatically tenninates."
s According to the Commission's records, Harrah's filed an application on May 27, 2010 seeking authorization to
operate the 462.800 MHz paging system in Atlantic City, New Jersey. See File No. 0004263 119. On June 9. 2010,
the Commission granted the application and assigned the station the new call sign WQLZ979.
6 47 U.S.C. 503(b).
747 U.S.C. 312(f)(1).
a H.R. Rep. No. 97-765, 97'h 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 ...").
9 See, e.g, Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991)
("Southern California Broadcasting Co.").
1n See, e.g., Callois Cablevision, hIc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362
W 10 (2001) ("Ca/lais Cablevision, Inc.") (proposing a forfeiture for, inter cilia, a cable television operator's repeated
" Southern California Broadcasting Co., 6 FCC Red at 4388, 5; Callais Cablevision, Inc., 16 FCC Red at 1362,
12 47 UI.S.C. 301; 47 C.F.R. 1.903(a).
" 47 C.F.R. 1.949(a).
'4 47 C.F.R. 1.955(a)(1).
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/326/: accessed August 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.