Scott R. Flick
Partner

• FCC Establishes New Enforcement Policy for Student-Run Noncommercial Radio Stations
• CB Radio Owner Receives Fine for Harmful Interference and Lack of Responsiveness

• Assignment of Paired AM Stations Denied by the FCC



• Use of Illegal Cell Phone Jammers Leads to Fines in Excess of $125,000

• Delay in Providing Access to Public Inspection File Leads to Fine



• FCC Fines Broadcaster for Antenna Tower Fencing, EAS and Public Inspection File Violations

• FCC Takes Action against Intentional Interference and Unlicensed Operations



• FCC Assesses $25,000 Fines for Unresponsiveness

Introduction

• FCC Assesses $8,000 Fine for EAS Equipment Installation Problems
• Notice of Violation Issued against FM Station for a Variety of Reasons

1. Applications for Renewal of License: The three-year long license renewal cycles for broadcast stations in radio services (AM, FM, FM Translator), which began on June 1, 2011, and for television services (television, Class A, LPTV, TV Translator), which began on June 1, 2012, continue in 2013. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is approximately four months before the date of license expiration; and the dates on which post-filing announcements must air.

• FCC Issues Multiple Forfeitures for Unauthorized Marketing of Transmitters
• FCC Proposes $35,000 in Fines for Unauthorized Radio Operations

• FCC Punishes the Operators of an Unlicensed FM Station
• FCC Investigates Antenna Structure Violations

• FCC Takes Action against Illegal Jamming Devices

• Unlicensed Transmitter Gets Renter into Trouble

• FCC Follows Up a $25,000 Fine With a $236,500 Fine
• Two Tower Owners Fined for Fading Paint

• FCC Assesses $68,000 in Fines for Unauthorized STL Operations
• EAS Failures Lead to $8,000 Fine

• Long-Term Violation of an FCC Order Leads to $25,000 Forfeiture
• FCC Issues $10,000 Fines for Obstruction Lighting Violations

• FCC Fines Noncommercial Educational Station $12,500 for Ads
• Public Inspection File Violations Lead to Three Short Term License Renewals
• Main Studio Violations and Unauthorized Operations Garner $21,500 Fine

• The FCC's $10,000 fines for items missing from the public inspection file continue
• License cancellation no obstacle to FCC proposing $18,000 fine against former broadcaster

Introduction

• Inadequate Sponsorship ID Ends with $44,000 Fine
• Unattended Main Studio Fine Warrants Upward Adjustment
• $16,000 Consent Decree Seems Like a Deal

• Failure to Refresh Tower Paint Garners $8,000 Fine
• FCC Levies $25,000 Fine for Failure to Respond
• $85,000 Consent Decree Terminates Investigation Into Unauthorized Transfers of Control

• Failure to Monitor and Repair EAS Equipment Nets $8,000 Fine
• Fines for Late-filled License Renewals Continue
• $25,000 Fine for Failure to Answer FCC Correspondence

• Malfunctioning Monitor Costs Broadcaster $10,000
• FCC Fines Tower Owner $13,000 For Lighting and Ownership Issues

• Cable Operator Subject to $25,000 Fine for EAS and Signal Leakage Violations
• Late-filed Renewals Garner $26,000 Fine

• Low Power Broadcaster’s Defiance Results in $7,000 Upward Adjustment
• Unauthorized Post-Sunset Operations Lead to $4,000 Fine for AM Station

• Late-Filed License Application Garners $7,000 Fine
• FCC Fines Noncommercial Broadcaster $5,000 for Alien Ownership Violation

• FCC Increases Fine to $25,000 for Main Studio and Public File Violations
• FCC Reaffirms $10,000 Public File Violation Against Student-Run Noncommercial FM Station

• FCC Fines FM Broadcaster an Extra $5,000 For Inaction
• Inaccurate Tower Ownership Information Ends in $3,000 Fine

• FCC Fines FM Broadcaster for Excessive Power and RF Radiation Levels
• Forfeiture More Than Triples After Consent Decree Default

• FCC Begins to Move on Pending Video News Release Complaints
• Failure to Monitor Tower Lighting Results in $12,000 Penalty

• Florida FM Translator Fined $13,000 for Unauthorized Operations
• Latest Public Inspection File Violation Nets Upwardly Adjusted Fine
• Failure to Monitor Inactive Tower Results in $6,000 Penalty

• FCC Levies $10,000 Fine for Noncommercial Station’s Public Inspection File Security Protocols
• Louisiana AM Daytimer Fined for Operations After Sunset
• $7,000 Fine for Late-Filed License Renewal Cancelled

• Antenna Structure Owner's Failure to Act Results in $25,000 Fine
• FCC Fines Microwave Licensee $15,000 for Late-Filed Renewal
• AM Broadcaster Receives Reduced Fine for EAS Violation

• Failure to Heed Warning by FCC Field Agent Costs Broadcaster $10,000
• FCC Fines AM Broadcaster $6,000 for Excessive Nighttime Power Levels
• AM Broadcaster’s Limited Disclosure of Contest Rules Nets $4,000 Fine

• FCC Increases Fine to $25,000 for Broadcaster's Violations Related to Time Brokerage Agreement
• Upward Adjustment in EAS Portion of Multiple Violation Fine Results in Total Forfeiture of $25,000
• Noncommercial Broadcaster Fined $7000 for Late-Filed License Renewal Application

• FCC Issues $30,000 and $12,000 Fines to Three Co-owned Commercial Television Stations and Three Co-owned Class A Television Stations for Failure to Publicize the Existence and Location of Their Quarterly Children’s Television Programming Reports
• FCC Fines Nonresponsive Texas Cable Operator $38,000 for Emergency Alert System and Antenna Structure Violations
• FCC Fines Broadcasters $7,000 for Failure to Timely File License Renewal Applications and for Unauthorized Operation
• Idaho Station Fined $4,000 for Failure to Fully Disclose All Material Terms of a Contest

• FCC Reduces Fine from $9000 to $1000 Based on Alternative Broadcast Inspection Program Participation
• FCC Fines Three Commercial Television Stations for Failure to Publicize the Existence and Location of Their Quarterly Children’s Television Programming Reports
• New York FM Station Fined $16,000 for Violating FCC’s Telephone Broadcast Rule
• FCC Imposes a Reduced $15,200 Fine on New York Low Power Television Station for Multiple Violations
• FCC Fines Missouri Noncommercial FM Station $7,200 for Failure to Properly Maintain a Public Inspection File

• FCC Imposes a Reduced $17,500 Fine on Wyoming Commercial AM/FM Station Combo for Multiple Violations
• Pennsylvania TV Station Fined $32,000 for Violating FCC’s Sponsorship ID Rule
• Licensee Fined $13,000 for Antenna Structure Violations
• FCC Fines California Noncommercial FM Station $9,000 for Failure to Properly Maintain a Public Inspection File

1. Biennial Ownership Report Filing Requirements for Commercial Stations: The biennial ownership filing requirement for commercial stations has been stayed indefinitely as of the date of this publication. This stay arose out of difficulties implementing a new version of FCC Form 323 for use by commercial stations, including Class A television stations. The stay does not affect the biennial ownership reporting requirements of noncommercial stations, the due dates for which are still tied to the anniversary date of the station’s license renewal application deadline (and which are noted in this calendar). When the FCC resolves its difficulties surrounding use of the new Form 323, commercial broadcast stations will be required to file a biennial ownership report on the new form with information that is current as of November 1, 2009. Broadcasters should be alert to the announcement by the FCC of the new due date.

Topics include:

• FCC Fines Mississippi Radio Station $13,000 for Failure to Inform Federal Aviation Administration of Antenna Structure Lighting Malfunction and Failure to Maintain a Public Inspection File
• Commission Fines Nevada Radio Licensee $5,600 for Failing to Enclose Tower With an Effective Locked Fence
• FCC Fines New Mexico Radio Station $10,000 for Operating from an Unauthorized Location

• FCC Upholds $9,000 Fine for Noncommercial FM Radio Station Airing Advertisements
• FCC Fines New York AM Radio Station $12,800 for Failing to Sign Off at Sunset, Failing to Maintain Daytime Operating Power, Failing to Maintain an Operational Emergency Alert System, and Failing to Maintain a Complete Public Inspection File

• Texas AM Radio Station Assessed $8,800 Fine for Failure to Maintain a Main Studio and Operation Above Authorized Power Level
• FCC Fines Arizona Radio Station $6,400 for Emergency Alert System Violation
• FCC Proposes Fine of $10,000 to Hawaii Radio Station for Violating Radio Frequency Radiation Limits

• Virginia Radio Licensee Assessed $8,000 Fine for Enforcing Format Restriction Provision in Non-Compete Agreement
• FCC Proposes to Fine Texas TV Licensee $20,000 for Children’s Television Violations
• FCC Fines Ohio Non-Commercial Radio Station $9,000 for Airing Prohibited Advertising
• FCC Fines Mississippi AM Radio Station $1,500 for Operating from Unauthorized Location at Excessive Power Level

• FCC Fines Florida Low Power FM Radio Licensee $24,000 for Unlicensed Operations
• Commission Fines Florida Tower Owner $12,000 for Failing to Post Antenna Structure Registration Numbers and Paint Its Towers
• FCC Fines California Radio Licensee for Failing to Operate an Aural Studio-Transmitter Link from the Licensed Location
• Commission Fines Florida AM Radio Licensee $4,000 for Remaining on Air After Sunset in Violation of Its Station Authorization

• FCC Fines Texas AM Station $8,800 for Failure to Maintain a Main Studio and Exceeding Licensed Power Levels
• New York Private Land Mobile Licensee Fined for Operating From an Unauthorized Location With an Antenna Placement Exceeding Authorized Height
• FCC Fines Owner of Antenna Structure $13,000 for Failure to Paint Antenna Structure and Notify the FCC of a Change in Ownership
• FCC Issues Several Notices for Failure to Notify of Change in Ownership of Antenna Structure and Failure to Transmit Assigned Call Sign

• FCC Fines Owner of Florida Antenna Structure $3,000 for Failure to Register
• Commission Fines Florida Licensee $10,000 for Failure to Comply with Radiofrequency Radiation Requirements
• Utah Licensee Fined $4,000 for Violating Rule on Broadcasting Telephone Conversations