11 FCC Red No. 8 Federal Communications Commission Record DA 96·527
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
The Detroit News, Inc.
Licensee, Station WUSA(TV)
Washington, DC
MEMORANDUM OPINION AND ORDER
Adopted: April 3, 1996; Released: April 12, 1996
By the Mass Media Bureau
1. The Commission, by the Chief, Mass Media Bureau
("Bureau"), acting pursuant to authority delegated by Sec
tion 0.283 of the Commission's Rules, has under consider
ation (1) a Notice of Apparent Liability adopted December
5, 1995 (''NAL "), assessing a forfeiture of $2,000 against
The Detroit News, Inc. ("Detroit News"); (2) a request for
clarification filed by Detroit News; (3) a Petition for Re
consideration and Further Complaint Against Station
WUSA(TV), filed by the Ukrainian American Community
Network ("UACN"); (4) Detroit News' Opposition thereto;
and (5) UACN's Reply.
Background
2. The NAL was assessed against Detroit News for violat
ing Sections 73.3526 and 73.1202 of the Commission's
Rules (public inspection file and retention of letters re
ceived from the public). Specifically, the Bureau found
that Detroit News' failure to place letters regarding an
October 23, 1994, 60 Minutes broadcast in Station WUSA's
public file, including a letter from the complainant dated
January 18, 1995, constituted willful and repeated viola
tions of the Commission's Rules. Accordingly, a $2,000
forfeiture was assessed and Detroit News was instructed to
take "whatever steps are necessary" to complete the sta
tion's public file.
3. Detroit News paid its forfeiture, but sought clarifica
tion regarding the Bureau's instructions to complete
Station .WUSA's public file. It asserts that "appropriate
measures" have been taken to ensure compliance in the
future, but that it would be "burdensome and time-con
suming" to locate the large volume of letters at issue which
have apparently been forwarded to CBS. It asks for clari
fication of whether or not the Bureau intended Detroit
News to undertake such a "burdensome" project.
4. UACN classifies Detroit News' request for clarification
as a waiver request and urges the Commission to deny it. It
asserts that Detroit News has not explained how compli
ance with the FCC's instructions is "burdensome" or
"time-consuming" and contends that Detroit News' claims
in this regard lack candor. Further, UACN asks the Com
mission to reconsider the NAL, arguing that a more signifi-
1 In light of our position, we need not decide whether to treat
Detroit News' request as one of "clarification" or "waiver."
4161
cant forfeiture is warranted and that Detroit News' alleged
misrepresentation and lack of candor in this proceeding
warrants designation for hearing. Finally, UACN urges that
an additional forfeiture be assessed against Detroit News for
failing to complete, as yet, its public inspection file with
respect to the missing 60 Minutes letters.
Discussion
5. Request for Clarification. The NAL instructs Detroit
News to "take whatever steps are necessary to ensure that
Station WUSA's public inspection file is complete." We
recognize that it may be impossible at this point for Detroit
News to find every letter sent to Station WUSA regarding
the October 23, 1994, 60 Minutes broadcast. Accordingly,
we only require Detroit News to use its best efforts to
obtain copies of all such letters and place them in the
station's public file. Such efforts may include sorting
through large numbers of letters in CBS' storage files in
New York. So that we may determine whether or not
Detroit News has used its best efforts to complete Station
WUSA's public file with regard to these letters, we request
that Detroit News file a written report within sixty (60)
days from the release of this Memorandum Opinion and
Order, detailing how many letters have been retrieved and
placed in the station's public file, what efforts were made
to obtain such letters, whether or not it expects to obtain
any more letters and, if so, how and when it expects to do
so. 1
6. Reconsideration of Sanction. UACN has not presented
the Commission with any new information which would
warrant an increase in the forfeiture amount, nor has it
cited to any case precedent which would support the issu
ance of a higher forfeiture for violations of the rule sec
tions at issue here. Similarly, UACN has not presented us
with any new information which would warrant designa
tion for hearing, nor has it demonstrated that the Commis
sion's decision not to designate the station for hearing
constituted material error. Specifically, UACN disputes De
troit News' claim that it would be burdensome to obtain
the letters from CBS' storage files and contends that the
letters at issue no longer exist, having been discarded,
despite Detroit News' representations to the contrary. Such
allegations of misrepresentation are. however, based on
inference and speculation rather than fact. Although the
NAL did not address UACN's misrepresentation allega
tions, such allegations were fully considered at the time the
NAL was issued. We have again reviewed such allegations
and remain satisfied that no material questions exist which
warrant designation of the station for hearing.
7. Allegations of Continued Rule Violations. We likewise
deny UACN's request for the issuance of an additional
forfeiture because of Detroit News' continued failure to
place the letters at issue in Station WUSA's public file.
Detroit News indicates that it has "taken appropriate mea
sures to assure compliance" with the Commission's public
inspection file rule in the future. It, however, requested
clarification as to the necessity of locating the 60 Minutes
letters and placing them in the public file. We have now
provided such clarification and expect Detroit News to
comply with our instructions. Considering the factors set
DA 96·527 Federal Communications Commission Record
forth in Section 503(b )(2) of the Act, we do not believe
that the issuance of an additional forfeiture is warranted in
this case.
Conclusion and Ordering Clause
8. UACN has presented no new evidence to support its
request for increasing the forfeiture amount and designat
ing the station for hearing. Further, it has failed to show
any material error or omission in the NAL. Finally, con
trary to UACN's contentions, we do not find that Detroit
News' failure to complete Station WUSA's public file dur
ing the pendency of its request for clarification warrants
the imposition of an additional forfeiture against Detroit
News. The Detroit News must, however, use its best efforts
to complete Station WUSA's public file.
9. Accordingly, IT IS ORDERED that UACN's Petition
for Reconsideration and Further Complaint is Denied, ex
cept insofar as such Petition requested that Detroit News be
required to complete its public file.
10. IT IS FURTHER ORDERED that Detroit News use
its best efforts to complete its public inspection file with
respect to the letters at issue here and that it file a report
within sixty (60) days of the release of this Memorandum
Opinion and Order, updating the Commission as to the
status of its efforts to do so, as detailed in paragraph 5
above.
FEDERAL COMMUNICATIONS COMMISSION
Roy J. Stewart
Chief Mass Media Bureau
4162
11 FCC Red No. 8