On July 24, a Notice of Apparent Liability for Forfeiture was handed to Carolina University, licensee of a Chattanooga, Tenn., FM translator, for failing to file a timely license renewal application and unauthorized operation.
Audio Division Chief Al Shuldiner has now upheld that NALF, issuing a Forfeiture Order to the school. However, it agreed to reduce the licensee’s financial penalty.
Less than one month ago, the school, which operates W234CZ, was issued a NALF in the amount of $6,500.
On August 7, a written response was sent to the Commission. In it, Carolina University does not dispute that it violated section 301 of the Act and section 73.3539 of the Rules. But, the school argued that the proposed forfeiture should be reduced because its late-filed license renewal application was an “inadvertent mistake,” and that it has “instituted procedures to ensure that such a violation does not occur again.”
Carolina University also asked the Audio Division of the FCC Media Bureau to reduce the proposed forfeiture based on its “long history of compliance with FCC rules.”
To little surprise, Shuldiner noted that mistakes are no excuse for not following FCC regulatory policy, and that remedial solutions don’t resolve the matter at hand.
But, he agreed that the school’s long history of compliance warranted a fine reduction.
As such, Carolina University has 30 days to pay a $4,875 fine to settle its issue with the Commission.
