Today, the FCC issued a Notice of Apparent Liability (“NAL”) to Time Warner for failing to maintain children’s programming and proof of performance test records in its public file for its Kansas City, Missouri cable system.  The potential fine was set at $25,000.  

In addition, the FCC issued Notices of Violation (“NOVs”) to a number of cable operators, including Charter, Comcast, Cox, and Verizon, for also failing to maintain children’s programming records in each system’s public inspection file.  

According to the NAL and NOVs, each cable operator failed to include the children’s programming records in the public file no later than ten days following the quarter when the programming aired.  Under FCC rules, cable systems serving 5,000 or more subscribers must maintain children’s programming records in the public file for at least one year.  Cable systems serving between 1,000 and 5,000 subscribers must only make the children’s programming records available upon request, while cable systems serving less than 1,000 subscribers are exempt. 

The NAL and NOVs serve as an important reminder that when FCC field inspectors visit a cable system, public file compliance is on their checklist.  The best practice is to make sure your public file is in order before the inspector calls.  

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