FCC Broadcast Fine Policy

Two recent FCC rulings clarify the rule on fines when the conduct occurs more than one year ago or the beginning of the current license period. In Applied License Ministries, the agency upheld the fine, because the bad behavior preceded the beginning of the new license term.

Applied Life’s argument that the violations occurred more than one year prior to
the issuance of the NAL and are, therefore, beyond the statute of limitations for issuing a forfeiture is incorrect.  Section 503(b)(6) of the Act states that “no Forfeiture penalty shall be determined or imposed against any person … if the violation charged occurred (i) more than 1 year prior to the date of issuance of the required notice or notice of apparent liability; or (ii) prior to the date of commencement of the Station’s current license term, whichever is earlier.”

Here, the grant of the renewal application and the issuance of the NAL occurred concurrently.  Because the Bureau took these two actions simultaneously, there was no intervening renewal which would have triggered the restricting provisions of the statute of
limitations and prevented us from considering Applied Life’s conduct during the license term under review.

In the second case, WPW Broadcasting, the FCC cancelled the forfeiture for failure to maintain proper documentation in its file, because the sanction was issued three days after the new license was issued, and the sanction was issued for behavior that occurred three years before.

More analysis here from Davis, Wright, Tremaine.