An FCC $15,000 fine to Glendive Broadcasting Group for failing...
An FCC $15,000 fine to Glendive Broadcasting Group for failing to file its Children’s Television reports on time seems to violate part of the Communications Act, a broadcast attorney said. The FCC ordered Glendive to pay the fine concerning its…
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TV station KXGN Glendive, Mont. (CD July 21 p15). The law requires the commission to issue a notice of apparent liability (NAL) citing the precise rules supposedly violated before it can impose a forfeiture, said Fletcher Heald attorney Peter Tannenwald Wednesday in a blog post (http://bit.ly/WDrTAO). In the forfeiture order, the FCC added another claimed violation that wasn’t mentioned in the NAL, he said. That violation involves Glendive’s failure to provide all information called for in FCC applications, he said. The statute doesn’t appear to authorize the commission to toss in extra supposed violations that weren’t mentioned in the NAL, he said. The FCC uses that violation to sidestep the five-year statute of limitations, which says lawsuits to enforce penalties must be started within five years of the date the claim first accrued, Tannenwald said. Glendive asked for a reduction due to many of the supposed violations having occurred more than five years ago, he said. The FCC stated that the statute of limitations doesn’t apply (http://bit.ly/1rC0EmT). Tannenwald doesn’t represent Glendive. The Media Bureau had no further comment.