Fines of $20,000 for violations of the obligations to prepare and file Children’s Television Reports have been flowing out from the FCC as it works its way through license renewal applications filed by television stations over the last year. We wrote about a number of these fines here, when the first wave of fines was issued by the FCC, mostly dealing with Class A TV stations. In the last two weeks, the fines have continued, with a few targeting full power television stations, and many others hitting Class A stations. In several cases, the fines reached $20,000, and included fines not only for the failure to file the reports with the FCC on a timely basis, but also the late placement of the reports into the station’s public file, and the failure to report the deficiencies in compliance on the license renewal forms. There were new cases involving Class A television stations and, as with the last batch of these cases, the Commission made clear that the licensees could give up their Class A status to avoid the proposed fines – not mentioning that, if they did so, they would also be giving up their status as primary station licensees, meaning that they would be secondary to any new full power TV construction (for a new station or a modification of an existing station) and would also lose any protection that they otherwise would have in the repacking of the television band in the upcoming incentive auctions that will sell part of the current TV spectrum to wireless users for wireless broadband uses.

The cases decided in the last two weeks include a $20,000 proposed fine to a full-power station in Louisiana that did not timely file 18 Form 398 Reports during the license term ($17,000 for the late filings and $3000 for not reporting the late filings in the renewal application). In another case involving a proposed $20,000 fine, a Georgia Class A station had failed to timely file 20 Form 398 Reports, and also did not complete 15 Quarterly Issues Programs Lists and place those reports in its public file on a timely basis. With the online public file, compliance with the Quarterly Issues Programs list requirement can be monitored by the FCC, even though such reports are not filed at the FCC. A third $20,000 fine was given to a Class A station that was late with 25 children’s television reports, and failed to identify the failures on the renewal, even though the FCC had inquired about the status of 7 of those reports before the renewal was submitted, and the licensee had admitted its failures to comply with the rules. $10,000 of the fine was attributed to the late-filed public file documents, $7000 to the late-filing of the Form 398s, and $3000 to the failure to admit the violations in the license renewal. 


Continue Reading More Big FCC Fines for Children’s Television Violations

The FCC has announced that the obligation for television broadcast stations to post their public inspection files online will become effective August 2, 2012, absent a stay requested by the National Association of Broadcasters (NAB), which has appealed the rule to the US Court of Appeals for the DC Circuit.

Absent a stay, the rule requires full power and Class A television stations to post any NEW public file documents online at an FCC-hosted website as of August 2nd.  Those broadcasters will have six months or until February 2, 2013 to post PRE-EXISTING public file documents online. 

The political public file, which is the subject of the NAB appeal, will be treated a bit differently.  NEW political public file documents must be posted effective August 2 by only the top four network affiliated stations (ABC, CBS, NBC and Fox) in the top 50 markets. There is no requirement to post pre-existing political file documents online.

All other TV stations (i.e. non-network affiliated stations in the top 50 markets and ALL TV stations outside of the top 50 markets), do not have to post political public file documents online until July 1, 2014.


Continue Reading Online Public File Requirement for TV Broadcasters Effective August 2, 2012

While the FCC has not yet started a proceeding to set rules for the auction of television spectrum for broadband purposes, the Commission is taking steps to clear the spectrum in other ways.  Two weeks ago, we wrote about the FCC’s actions proposing to remove the Class A designation from certain LPTV stations that had

Yesterday, the FCC issued fines totaling $52,000 against four Class A television stations for belatedly filing their FCC Form 398 Children’s Television Programming Reports. The stations, each of which had missed at least a couple of years’ worth of Children’s Reports, were also fined for failing to timely place the reports in their public