PERC did not dispute that the violations occurred, but challenged the FCC’s authority to issue monetary punishment.
The violations involved what is perhaps the most frequent file problem – the omission of issues/programs lists.
The stations hit were KLBM & KUBQ La Grande OR, KBKR & KKBC-FM Baker OR and KRJT Elgin OR.
The total proposed forfeiture was $5K.
PERC reiterated its claim that under the Small Business Regulatory Enforcement Fairness Act of 1996, the FCC lacked the ability to issue fines to small businesses. It also said that even if the FCC did have the authority, the fines were not in line with others for the same offense.
The FCC noted that it already addressed PERC’s comment, which it said brought up nothing new pertaining to the issue, explained that it did indeed have authority to issue fines and set the amount as it did in this case, and declared that the fine stands as levied.