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$10,000 Forfeiture Proposed Security Concerns Cannot
Require an Appointment
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An FCC Enforcement Bureau
regional field office has proposed a $10,000 forfeiture against
non-commercial television Station KCET in Los Angeles for failing to provide
sufficient access to its public inspection file. In that decision, an
FCC agent visited the station and asked to view its public inspection file on
two consecutive days. In both instances, a security guard informed the
agent that he could not view the public file without an appointment (and in
both instances the agent was told he could not speak with the station
manager). On a third visit, the agent was initially denied access to
the station for failure to have an appointment; he was ultimately admitted
only after he identified himself as an FCC agent. The Enforcement Bureau
acknowledged that brief, security-related delays before providing access to
the public file may be reasonable. Indeed, the FCC recognizes that some
stations may have legitimate security concerns which result in certain
precautionary steps that temporarily delay visitor access to the public file
(for example, having security personnel monitor visitors in potentially
hostile situations). However, a station may not condition access to the
public file upon having an appointment, and, in general, must afford access
to the public file throughout the full business day, despite the temporary
absence of personnel for meals, business, or other appointments. Especially as the renewal
process begins this year for radio and next year for television stations,
this decision serves as a strong reminder that anyone who serves as a
licensee’s initial point of contact when a member of the public asks to
review the station’s public file must be trained to take the appropriate
steps to provide access as required by the FCC’s rules. Members of the
public may not be denied access to the public file without an appointment
and, while they may be asked to identify themselves by name, access cannot be
conditioned upon the people seeking access disclosing whether they represent
any particular group or entity, or the reason for their review of the public
file. Please contact your primary
attorney in our office if you have any questions regarding the FCC’s public
inspection file rule, including the FCC’s access requirements. February 11, 2011 |
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2011, Lerman Senter PLLC 2000 K Street NW,
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