The Federal Communication Commission has rejected calls for post-bankruptcy mercy from Cumulus and the NAB over Equal Employment Opportunity violations at five Georgia radio stations formerly owned by the broadcaster, sending a firm message to broadcasters.
The initial Notice of Apparent Liability for Forfeiture was issued on February 25, 2022, proposing a $32,000 fine, after the Albany, GA signals were found to have violated multiple aspects of the FCC’s EEO rules between 2018 and 2019. Cumulus sold the entire cluster, consisting of WEGC, WJAD, WKAK, WQVE, and WALG-AM, to First Media Services in 2020.
Alleged infractions included failing to upload the required annual EEO public file report to the stations’ online public inspection files and websites in a timely manner. The FCC found that Cumulus also did not conduct an adequate analysis of its EEO program. The broadcaster said the delayed filing was due to the loss of an employee and a “routine administrative change.”
In response, Cumulus filed a formal response that said the FCC’s assumption of their failure to properly analyze the Stations’ EEO program lacks foundation. They also argued that the fine’s amount for a single delayed upload is without precedent.
Perhaps the most interesting part of Cumulus’ defense was the claim that since part of the ruling was based on the company’s conduct before filing for bankruptcy and the subsequent structural reorganization, plus a downturn in revenue from the COVID-19 pandemic, such a steep fine was unfair to the new Cumulus.
The National Association of Broadcasters also filed a comment to the initial Notice of Apparent Liability, stating the same thing and requesting more financial leniency in future EEO cases.
The FCC curtly dismissed the NAB’s submission, saying its argument was full of, “Claims that are more appropriately raised in a petition for declaratory ruling or other proceeding of general applicability, rather than in an individual enforcement matter such as this.”
After considering Cumulus’s response and revising its assessment, the FCC did reduce the fine to $26,000, but held fast on each remaining decision. The message is clear: the Commission takes, and will continue to take, EEO and public file violations very seriously.
