FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 978
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context.5 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. Public Inspection File Violation
4. Section 73.3526 of the Rules states that "[e]very permittee or licensee of an AM, FM, TV
or a Class A station in the commercial broadcast services shall maintain a public inspection file
containing the material" set forth in that section." Section 73.3526(e)(12) of the Rules states that
commercial AM and FM broadcast stations must retain in the file "'every three months a list of programs
that have provided the station's most significant treatment of community issues during the preceding three
month period. [ ... ] The lists described in this paragraph shall be retained in the public inspection file
until final action has been taken on the station's next license renewal application."9 Sections
73.3526(e)(4), (e)(5) and (e)(8) of the Rules state that a copy of any service contour maps submitted with
application, the most recent, complete ownership report, and the most recent version of the manual
entitled "The Public and Broadcasting" shall be placed in the public inspection file.'0 The public
inspection file must be maintained at the main studio of the station," and must be available for public
inspection at any time during regular business hours.'"
5. On May 17, 2011, an agent from the Dallas Office requested to inspect Station KPIR's
public inspection file during regular business hours, but the station was unable to make available a complete
public inspection file. The station was unable to produce any issues/programs lists, contour maps, a current
ownership reports, or the most recent "The Public and Broadcasting" manual. There was no evidence that the
station had ever maintained these items in its public inspection file. Based on the evidence before us, we find
that L&R apparently willfully and repeatedly violated Section 73.3526 of the Rules by failing to maintain
and make available a complete public inspection file.
(...continued from previous page)
'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) (Southern California Broadcasting Co.).
6 See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Red 1359, 1362
para. 10 (2001) (Callais Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable television operator's
repeated signal leakage).
7 Southern California Broadcasting Co., 6 FCC Rcd at 4388. para. 5; Callais Cablevision, Inc., 16 FCC Rcd at 1362,
K 47 C.F.R. 73.3526(a)(2).
947 C.F.R. 73.3526(e)(12).
o 47 C.F.R. 73.3526(e)(4), (e)(5), (e)(8).
" 47 C.F.R. 73.3526(b).
S47 C.F.R. 73.3526(c).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012, book, February 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94251/m1/56/: accessed April 27, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.