The NAB does not typically reach out to the FCC to defend individual broadcasters. However, the organization believed commenting on a $32,000 fine levied against Cumulus was the right thing to do. Here’s why.
Earlier this month the Commission hit Cumulus with a $32,000 fine for issues it says dated back to 2018. The fine was levied on five former Cumulus stations in Albany, Sasser and Leesburg, GA. where the Commission says Cumulus failed to timely upload its 2018 Annual Report in its stations’ public inspection files. Cumulus told the Commission that the filing was simply overlooked. Cumulus said that its Business Manager for the stations in the Albany, Georgia market, had previously prepared the Stations’ annual EEO reports with the assistance of the market’s Assistant Business Manager, but that in December 2018, the Assistant Business Manager left the company.
The Commission shrugged off that explanation, calling Cumulus a sophisticated broadcaster with extensive operations that employs thousands of people.
The NAB, in newly filed comments, writes that broadcasters take their obligation to comply with the Commission’s rules seriously but inadvertent mistakes happed, especially those that do not trigger complaints and produce no cognizable harm. The organization argues that those mistakes should not lead to monetary penalties, especially those in the tens of thousands of dollars or more. “The Commission’s rules are and should be designed to achieve substantive outcomes, not to serve as regulatory landmines with substantial fines for mere administrative errors.”
The NAB believes that in this case the NAL unfairly penalizes Cumulus for understandable and inevitable human error that ultimately caused no harm. “The Commission is not required to assess monetary penalties in such situations, and we strongly urge the Commission to eliminate its proposed forfeiture based on the harmless, unintentional, and self-reported errors at issue in the NAL.”
Read the full NAB filing HERE.
In addition to what Dan wrote (which I agree with), it would seem FCC fines, like this one, while punitive, also are intended to modify behavior going forward: specifically, the behavior of the one being punished, but also of others who have knowledge of it. Thus, there’s potential value, beyond the fine levied against Cumulus, in encouraging other companies (especially Big Media conglomerates, such as Cumulus, but also “mom and pops”) in simply following the rules … or paying the price. It would seem there’s really nothing terribly complicated about this.
I’m pretty sure they can afford to cover the fine. I make human errors on the road once in awhile by exceeding the speed limit — and I still get a ticket and pay my fine.