FCC Fines TV Station $10,000 for Requring Appointment to View Public Inspection File
The FCC released a Notice of Apparent Liability for Forfeiture today, proposing a $10,000 fine against a public TV station in Los Angeles for requiring an appointment to view the station's public inspection file. This case shows how seriously the FCC takes the requirement of open and unfettered access to a broadcast station's public file. An FCC agent visited the station's main studio twice without identifying himself as an FCC employee. Both times, the station's security guard refused to let him see the station's public inspection file or speak with the station manager without an appointment.
On the third visit, the FCC agent identified himself as such and was allowed to view the station's public inspection file "after a thorough examination of the agent's badge and several phone calls to [station] personnel."
The public inspection file was found to be complete. However, the station was fined $10,000 for "willfully and repeatedly" failing to make the public inspection file available. The FCC stressed that "stations cannot require members of the public to make appointments to access a station's public inspection file."
Note that the FCC had no issues with the contents or completeness of the public inspection file. The only issue was access to the public file. Although the station may appeal this fine, this should be a lesson to all stations to make the public inspection file to all members of the public during regular business hours....no appointments required.
We at the Illinois Channel are all about open government. But in an age where security of a work place is increasingly an issue, it seems extremely short-sighted for the government to force a TV station to say the public can just show up and "someone" will have to show them the public file immediately. The question is - Why? Is it really too much to ask that someone call for an appointment? Does setting an appointment invalidate the information in the public file?
In all things in life there is a balance to be struck. In an era of terrorism, in an era of unbalanced individuals shooting members of Congress, surely security of a broadcast outlet should also be a part of the public good.
To act as if low staffing, security, or planned broadcasts are all to be disrupted if a member of the public just decides to show up without the same consideration they'd give a neighbor, by calling ahead -- is to show the FCC is just once again proving that it takes a government agency to prove real world considerations are not a part of the government planning process.
Perhaps our friend from the FCC should show up at the White House unannounced and demand to see the White House log books. Let us know how that works out for you.
In all things in life there is a balance to be struck. In an era of terrorism, in an era of unbalanced individuals shooting members of Congress, surely security of a broadcast outlet should also be a part of the public good.
To act as if low staffing, security, or planned broadcasts are all to be disrupted if a member of the public just decides to show up witout the same consideration they'd give a neighbor, by calling ahead -- is to show the FCC will not allow real world considerations to intrude upon their thought process.
Perhaps our friend from the FCC should show up at the White House unannounced and demand to see the White House log books. Let us know how that works out for you.
Terry Martin wrote "Is it really too much to ask that someone call for an appointment? "
I think the answer is YES.
But if the station is THAT concerned about work place security, just load the file contents to a well structured web site.
Personally, I'd rather look at the file from home than drive to the office, but the only reason I drive to the office is that I have to.
While I agree open access is critical and that posting the public file on a website is a good idea, with the strapped budgets and layoffs of today, the webmasters are buried. In the years before the FCC abolished the 7 year rule and the money mongers invaded the industry, the receptionist actually got to stay at the front desk and work with the public. Now that person is doing the jobs of several, she/he may be on air, doing production, traffic, or other duties besides staffing the front desk...so making sure nobody gets away with the Public File may interrupt station operations. Is James Huggins rude enough to walk in on his parents at any time without calling? Obviously has hasn't cought them "in the mood" yet, and courtesy is not part of his routine. From the security standpoint, I agree with Terry, show up unannounced at the White House and see if the President just shows you around.
So your stupid little TV station is as important as the White House? Right...
You are operating as a public trustee of a valuable resource. You are allowed to charge whatever you want, pay whatever you want, and do whatever you want. One of the very few requirements is that you maintain a public inspection file, open to the public without obstacle during reasonabe business hours.
Is that such a huge burden?
Back when broadcasters used to cover news, some stations would routinely request public documents, and then report when stupid bureaucrats foolishly made it difficult to see the records. This was back in the quaint and almost forgotten era when all TV and radio stations had news departments and at least paid lip service to the public benefit.
If your pathetic little corporate pennypinchers are too cheap to pay for a security guard or receptionist, either turn in your license and go dark or sell. This is called "the cost of doingr business."