47 U.S.C. § 503(b)(6) (“No forfeiture penalty.......................

[TomZ]

In today's FCC email I see the FCC back off under this paragraph:

47 U.S.C. § 503(b)(6) (“No forfeiture penalty shall be determined or imposed against any person…if the violation
charged occurred (i) more than 1 year prior to the date of issuance of the required notice or notice of apparent
liability; or (ii) prior to the date of commencement of the current term of license, whichever is earlier”). See Detroit
Public Schools, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 21 FCC Rcd
13688 (MB 2008) (explaining that the earlier date with respect to Section 503(b)(6) is the date that occurred first in
time).

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1135A1.pdf

 

[NHRadio]

As I read this, this doesn't mean a whole lot...if your license renewal was 5 years ago you're still on the hook for any forfeiture after that date, right? Please correct me if I'm wrong.

 

[TomZ]

Read the forfeiture order again.

The FCC renewed the license before they issued the NAL and that reset the clock barring them from issuing any NALs for what occurred more than a year before the license date.

Their attempt to electronically file failed; but that was more than a year before; however, they operated w/o a license within the prior year.