FCC Fines Multiple Licenses for Failure to Timely File Children’s Television Programming Reports

As broadcasters have learned, the FCC takes licensees' public inspection file and reporting obligations very seriously. This month, the FCC issued multiple Notices of Apparent Liability for Forfeiture ("NAL") against licensees for failing to file Children's Television Programming Reports on Form 398 in a timely manner. On June 18 and 21, the FCC issued a total of seven decisions proposing to fine stations between $3,000 and $18,000 for not filing their Form 398s on time.

Under the FCC's rules, commercial television stations must report their children's educational and informational broadcast programming efforts each quarter by electronically filing FCC Form 398, the Children's Television Programming Report. Historically, the FCC has fined stations for failing to file their reports, and there would be nothing new about the FCC issuing an NAL for "failure to file".

In these seven cases, however, the stations were not fined for a failure to file their reports, but for failing to file their reports on time. In the decisions, the FCC issued the following fines:

  • For a station that missed the filing deadline twenty-three times, the FCC issued an NAL in the amount of $18,000.
  • For a licensee that missed the filing deadline eleven times on one station and thirteen times on another, the FCC issued an NAL in the amount of $15,000.
  • For a station that missed the filing deadline fourteen times, the FCC issued an NAL in the amount of $9,000.
  • For a station that missed the filing deadline ten times, the FCC issued an NAL in the amount of $9,000 (eight reports were filed more than 30 days late).
  • For a station that missed the filing deadline three times, the FCC issued an NAL in the amount of $6,000 (three reports were filed more than 30 days late).
  • For a station that missed the deadline sixteen times, the FCC issued an NAL in the amount of $6,000.
  • For a station that missed the filing deadline eleven times, the FCC issued an NAL in the amount of $3,000.

The cases were all relatively similar. As an example, in the $15,000 NAL, the licensee filed license renewal applications for its two Class A TV stations. At the time of the applications, the licensee did not disclose that it had filed some of its Children's Television Programming Reports late, and in fact, certified in its renewal applications that it had timely filed all relevant programming reports with the FCC. However, the Commission subsequently reviewed its records and found that the licensee failed to file programming reports on time for 11 quarters for one station and 13 quarters for another.

The base forfeiture for failing to file a required form with the FCC is $3,000. In this particular case, since the licensee failed to file in a timely manner so many of its reports, the FCC decided that the licensee was liable for $6,000 for the station with 11 quarters of late-filed reports and $9,000 for the station with 13 quarters of late-filed reports. The FCC did not pursue the issue of the licensee's certification and failure to disclose the late filings.

The other common thread in these cases is that the FCC issued the fines in relation to its review of the stations' license renewal applications. The FCC has historically focused its attention on fines for public inspection file violations at license renewal time. With these decisions, however, licensees can expect that Children's Television Programming Report violations will also be the frequent subject of fines at license renewal time. While there is some truth to the old saying "better late than never", the new slogan of the FCC appears to be "better never be late."