Noncommercial Stations Need to be Aware of Regulations, Fines, Experts Say

Noncommercial stations need to make sure they're crossing their t’s and dotting their i’s in complying with FCC regulations. Fines were recently imposed on several stations for violations involving their public files. Lawyers representing noncommercial stations have taken note, warning that the era of “fix-it” tickets for the stations is over.

“Back three or four years ago it was very rare that the commission would fine a noncommercial station and if they did it was nominal,” said attorney David Oxenford, who recently wrote on the subject on the Broadcast Law Blog. “… The commission recently has not been hesitant to fine non- commercial stations. Now it seems that you find a public file violation, lack of an EAS test being done, tower lights, all the typical violations they are fining them repeatedly.”

The change was highlighted when Gaston College radio station WSGE-FM, Dallas, N.C. was issued a forfeiture notice for $8,000 for failing to produce its public file for inspection. The college had told the FCC that the precedents of three public-file cases called for an admonition instead of a fine. The Enforcement Bureau said in its decision: “We reject this argument. … The Media Bureau has recently departed from earlier precedent and has imposed significant forfeitures for public file violations by noncommercial stations. … Indeed, more recent Media Bureau decisions have held that significant forfeitures are appropriate sanctions for public file violations by noncommercial broadcasters.”

“The big-picture change is that the commission just doesn’t think that noncommercial broadcasting should be granted the sort of perks it used to,” said lawyer John Crigler of Garvey, Schubert. “At one time, the FCC was a good deal more lenient with the noncommercial licensees. They realized that it was harder for them to pay a fine, you can’t go out and fundraise around getting fined, they don’t have predictable or controllable incomes from advertising. … At one time those arguments” were more persuasive with the commission.

FCC spokesman David Fiske said the forfeitures reflect a policy of investigating and responding to violations. He said violations by commercial and noncommercial stations are treated the same. “It’s a case-by-case basis, according to facts,” he said.

Industry leaders say this means broadcasters need to be hypervigilant about following FCC rules. Many stations, particularly those that don’t belong to larger associations or organizations, aren’t aware enough of what the FCC requires. But some supports exist to help stations stay in step with commission regulations and avoid complaints and fines. Many state broadcasting associations offer station inspections by private contractors that are virtually insurance against complaints and fines, Oxenford said. The inspections cost about $400, but vary by state. A self-inspection checklist is available from the FCC -- www.fcc.gov/eb/bc-chklsts/.

A complaint can be settled if the station and the Enforcement Bureau agree on a contribution by the broadcaster to the U.S. government, Crigler said. The contribution is often less than the fine would be, and the station avoids a mark against its record, Crigler said.