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United States v. Peninsula Communications, Inc.

United States District Court for the District of Alaska

335 F. Supp. 2d 1013 (2004)

Facts

Peninsula Communications, Inc. (Peninsula) (defendant) operated 11 radio stations, two primary FM stations, and nine FM translator radio stations. In 1997 the Federal Communications Commission (FCC) (plaintiff) granted Peninsula’s renewal application for the radio stations, conditioned on Peninsula’s assignment of the translator stations to a different entity. In 2001 the FCC rescinded its conditional license renewal for seven of the translator stations and ordered Peninsula to stop operating those stations. Peninsula continued operating the seven stations. After further proceedings, the FCC issued a forfeiture order for $140,000 against Peninsula for willfully and repeatedly violating the Communications Act of 1934 by continuing to operate the seven translator stations after its license for those stations had been revoked. Peninsula had never committed a violation prior to these in its 21 years of broadcasting and lacked the financial resources to pay the fine. Peninsula appealed, arguing that the forfeiture order was improper. Both Peninsula and the FCC filed motions for summary judgment as to the amount of the forfeiture.

Rule of Law

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Issue

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Holding and Reasoning (Sedwick, J.)

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