California noncom must file under forfeiture


San Jose State University’s KSJS-FM’s public file was missing issues/program lists during a period stretching from 2001 to the end of 2005, and was hit with a $9K fine for the omission.

SJSU made a number of attempts to get the fine reduced, to no avail. One of the more interesting points it raised was the imposition of a public file fine of only $3K on a licensee who had a lengthier and broader public file rap sheet in question.

The FCC actually agreed with SJSU that the other situation was more egregious, but rather than reduce SJSU’s fine, the FCC said it disavows the previous fine, which it said should have been set at the maximum $10K.

SJSU also argued that the $9K was about 15% of its total operating budget, but as evidence sent along budgets rather than tax returns. The FCC is not persuaded by budgets.

In short, the FCC found no reason to lower the fine; the $9K assessment stands.