$10,000 Fines and Short-Term License Renewals for Missing Quarterly Issues Programs Lists

Davis Wright Tremaine LLP
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In perhaps the most severe set of penalties that we have seen for public inspection file violations, the FCC released two sets of fines to stations that had self-reported, in their license renewal applications, that they did not have Quarterly Issues Programs lists in their public file for the entire 8 year license term.  As we recently wrote, $10,000 fines for missing Quarterly Issues Programs lists have become the new standard where a substantial number of the lists are missing.  Here, however, there were no timely filed lists at all in the public files for the stations in question - for an 8 year period. In one case, where the owner had both an AM and an FM stations, both were missing the Quarterly lists, the Commission proposed a fine of $20,000 ($10,000 for each station), and renewed the station licenses for only 4 years, not the normal 8 year license renewal term.  A similar fine was proposed for a college-owned noncommercial station, also missing the required Quarterly lists for the entire license period - and that station also received a 4 year license term. In each case, the licensee had indicated that it was doign some renewal-time recreation of missing Quarterly lists, but these efforts did not seem to result in any lessening of the penalties proposed by the FCC.  These fines and short-term license renewals show just how importantly the FCC treats these violations.

We do note, however, that where the missing lists are from but a few quarters, the FCC's fine is somewhat reduced, witness a recent $4000 fine for lists missing for just over a year - where the violations were from the beginning of the license term rather than being of recent vintage.  But if you are missing list from some longer period of time - seemingly about 2 years - that $10,000 fine seems to kick in.  Check you files now to make sure that you don't fall into the $10,000 trap.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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