Second Ticket For Public File Problem Runs $15K

In March of last year, FCC agents from the Enforcement Bureau's Detroit Office visited the studios of WEKC(AM), Williamsburg, Kentucky. Their review of the station's public inspection file revealed that it contained no issues and programs lists whatsoever. According to their calculations, it should have contained 19 such lists. The Commission's rules require a station to compile an issues and programs list for each calendar quarter, and then to maintain those lists in the public inspection file for the entire license term. The station owner apparently had no explanation for the lack of issues and programs lists in the public file.

The Commission's Forfeiture Policy Statement establishes a base amount of $10,000 for violations of the public inspection file rule. In deliberating the nature and severity of the sanction to impose for a violation, the Commission staff can adjust the base amount to take into account such factors as the nature, circumstances, extent and gravity of the violation as well as the degree of the violator's culpability and any history of prior offenses. A major factor in this case that led to an upward adjustment in the amount of the fine was the fact that the licensee of WEKC had previously been fined for failing to have the required issues and programs lists in the public inspection file. Repeat offenders can expect an upward adjustment in the fine, and that is what happened in this case. The Bureau raised the fine by $5,000 and issued the station a Notice of Apparent Liability for Forfeiture and Order for $15,000.

The licensee was also ordered to file a statement with the Detroit Office within 30 days of release of the Order in which he certifies under the penalty of perjury that the station is then in complete compliance with the public inspection file rules.

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