FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,155
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6. On April 8, 2010, agents determined that Harrah's operated radio transmission equipment on
the frequency 462.800 MHz without a valid license. Harrah's admitted that it failed to renew its license and
had continued to operate without authorization even after its license for Station WSZ91 I expired at the end of
2000. Based on the evidence before us, we find that Harrah's apparently willfully and repeatedly violated
section 301 of the Act and section 1.903(a) of the Rules by operating radio transmitting equipment on the
frequency 462.800 MHz without a license, and that it violated section 1.949(a) of the Rules by failing to
timely file a renewal application for Station WSZ911.
7. We disagree with Harrah's claim in its response to the LOI that we should refrain from
taking enforcement action in light of several mitigating circumstances. First, Harrah's claims that its failure
to renew its license was inadvertent.'5 It is well-established Commission policy that inadvertence is not a
mitigating circumstance.'6 As a Commission licensee, Harrah's is charged with the responsibility of knowing
and complying with the terms of its authorization. Second, Harrah's claims that enforcement action is not
warranted because its unauthorized operation did not cause interference to other licensees.'7 It is an equally
well-established Commission policy that the absence of public harm does not justify abstaining from
enforcement action.'8 Similarly, we will not refrain from taking enforcement action based on any corrective
actions Harrah's took after the agents' inspection on April 8, 2010.19 The Commission consistently has
stated that "corrective action taken to come into compliance with Commission rules or policy is expected,
and does not nullify or mitigate any prior forfeitures or violations...' Moreover, Harrah's concedes that it
had not even applied for a license until after receipt of the LOI.2'
8. Section 1.80(b) of the Rules sets a base forfeiture amount of $10,000 for operation of a
station without Commission authority and a base forfeiture amount of $3,000 for failure to file required
forms or information."2 Although we find no basis here for a downward adjustment given the
circumstances of this case, we conclude that an upward adjustment of the total $13,000 base forfeiture is
warranted.23 In this regard, we take into account the fact that Harrah's unlawful operation continued for
'S LOI Response at 1.
" See. e.g., Southern California Broadcasting Co., 6 FCC Rcd 4387, 4387 (1991)(stating that "inadvertence ... is at
best, ignorance of the law, which the Commission does not consider a mitigating circumstance").
" LOI Response at 2.
's See, e.g., Pacific Western Broadcasters, Inc.. 50 FCC 2d 819 (1975); see also Mobile RelayAssociates,
Memorandum Opinion and Order, 23 FCC Red 8394 (Enf. Bur. 2008) (citing Lockheed Martin Corporation,
Memorandum Opinion and Order, 22 FCC Red 4116, 4119 (Enf. Bur. 2007)).
9 LOI Response at 1.
20 See, e.g., AT&T Wireless Services, Inc., Forfeiture Order, 17 FCC Red 21866, 21870-71 (2002) (finding that
remedial action to correct the violation at issue was not a mitigating factor and noting that all licensees and
Commission regulates are expected to promptly take corrective action when violations are brought to their
attention). See also Seawest Yacht Brokers, Notice of Forfeiture, 9 FCC Red 6099 (1994) (corrective action taken to
comply with the Rules is expected, and does not mitigate any prior forfeitures or violations).
21 LOI Response at 1.
22 47 C.F.R. 1.80(b). See also The Commission s Forfeiture Policy Statement and Amendment of Section 1.80 of
the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Red 17087, 17099 (1997) (noting that
althoughuh we have adopted the base forfeiture amounts as guidelines to provide a measure of predictability to the
forfeiture process, we retain our discretion to depart from the guidelines and issue forfeitures on a case-by-case
basis, under our general forfeiture authority contained in Section 503 of the Act"), recon denied, 15 FCC Red 303
"3 See B4SF Corporation, Notice of Apparent Liability for Forfeiture, 25 FCC Red 17300, 17303 11 (Enf. Bur.
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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/m1/327/: accessed April 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.