On February 13, 2012, the FCC’s Enforcement Bureau Office in New Orleans issued a Notice of Apparent Liability (“NAL”) to Allen’s TV Cable Service, Inc., for failing to make its public inspection file available upon request during regular business hours.  The potential fine was set at $10,000.  

According to the NAL, an FCC enforcement agent visited Allen’s TV’s office on October 26, 2011, and requested to inspect the public inspection file.  Allen’s TV’s customer service representative refused.  The enforcement agent then telephoned Allen’s TV’s CEO, who stated that customer service representatives are not allowed access to the public inspection file unless a manger is present. 

FCC rules require cable operators to maintain certain files and records for public inspection during regular business hours.  Authorized FCC representatives may also request to view the file at any reasonable hour.  While the FCC recognizes that brief, security-related delays to access a public file are reasonable, the FCC issued the NAL even though enforcement agents from the New Orleans Office returned on October 27, 2011, when a manager was present, and observed that Allen’s TV’s public inspection file was complete. 

Cable public file and recordkeeping requirements vary with the size of the system.  Systems with fewer than 1,000 subscribers have the fewest obligations, while obligations for systems with more than 5,000 subscribers are more extensive.  

If you have questions about the FCC’s public file obligations, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.