May 15, 2012 I Know What You Watched Last Summer - Video Privacy Protection Act Creates Risks for All Video Programming Distributors By Lauren Lynch Flick There has been a recent uptick in class action lawsuits against...
May 8, 2012 FCC Proposes FY 2012 Annual Regulatory Fees By Paul A. Cicelski The FCC has issued its latest annual Notice of Proposed Rulemaking...
May 2, 2012 Death, Taxes and Voluntary Spectrum Auctions By Scott R. Flick The FCC created a stir in the broadcast community when, after...
April 30, 2012 FCC Enforcement Monitor By Scott R. Flick and Lauren A. Birzon April 2012 Pillsbury's communications lawyers have published...
April 27, 2012 Client Inspection Alert: FCC Votes to Require Online Posting of TV Public Inspection/Political Files By Paul A. Cicelski To follow up on my post from last week regarding the...
April 20, 2012 Online Political File a Hot Topic at Vegas NAB Show and Beyond By Paul A. Cicelski As many of you know by now, very few topics were...
Posted March 27, 2012
Glenn S. Richards of Pillsbury will speak at this event which takes place from 11:15 to 12:00 pm at Ceasar's Palace in Las Vegas. Glenn will report on legal and regulatory issues facing our industry on behalf of the Cloud Communications Alliance Regulatory Committee.
For additional details and to register, please click here.
Posted March 1, 2012
By Lauren Lynch Flick and Scott R. Flick
March 2012
TV, Class A TV, LPTV, and TV translator stations licensed to communities in Maryland, Virginia, West Virginia, and Washington DC must begin airing pre-filing license renewal announcements on April 1, 2012. License renewal applications for these stations are due by June 1, 2012.
Pre-Filing License Renewal Announcements
Stations in the video services that are licensed to communities in Maryland, Virginia, West Virginia, and Washington DC must file their license renewal applications by June 1, 2012.
Beginning two months prior that filing, full power TV, Class A TV, and LPTV stations capable of local origi¬nation must air four pre-filing renewal announcements alerting the public to the upcoming license renewal application filing. These stations must air the first pre-filing announcement on April 1, 2012. The remaining announcements must air on April 16, May 1, and May 16, for a total of four announcements. A sign board or slide showing the licensee's address and the FCC's Washington DC address must be displayed while the pre-filing announcements are broadcast.
For commercial stations, at least two of these four announcements must air between 6:00 pm and 11:00 pm. Locally-originating LPTV stations must broadcast these announcements as close to the above schedule as their operating schedule permits. Noncommercial stations must air the announcements at the same times as commercial stations; however, noncommercial stations need not air any announcements in a month in which the station does not operate. A noncommercial station that will not air some announcements because it is off the air must air the remaining announcements in the order listed above, i.e. the first two must air between 6:00 pm and 11:00 pm.
Posted March 1, 2012
By Lauren Lynch Flick and Christine A. Reilly
March 2012
The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station's respective license renewal filing deadline.
Noncommercial radio stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee, and television stations licensed to communities in Texas must electronically file their Biennial Ownership Reports by April 2, 2012, as the filing deadline of April 1 falls on a Sunday. Licensees must file using FCC Form 323-E, and must place the form as filed in their stations' public inspection files.
In 2009, the FCC issued a Further Notice of Proposed Rulemaking seeking comments on whether the Commission should adopt a single national filing deadline for all noncommercial radio and television broadcast stations like the one that the FCC has established for all commercial radio and television stations. That proceeding remains pending without decision. As a result, noncommercial radio and television stations continue to be required to file their biennial ownership reports every two years by the anniversary date of the station's license renewal application filing.
A PDF version of this article can be found at Biennial Ownership Reports are due by April 2, 2012 for Noncommercial Radio Stations in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee, and for Noncommercial Television Stations in Texas
Posted March 1, 2012
By Lauren Lynch Flick and Christine A. Reilly
March 2012
Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Michigan and Ohio must begin airing pre-filing license renewal announcements on April 1, 2012. License renewal applications for these stations, and for in-state FM translator stations, are due by June 1, 2012.
Pre-Filing License Renewal Announcements
Full power commercial and noncommercial radio, LPFM, and FM Translator stations whose communities of license are located in Michigan and Ohio must file their license renewal applications with the FCC by June 1, 2012.
Beginning two months prior to that filing, however, full power commercial and noncommercial radio and LPFM stations must air four pre-filing announcements alerting the public to the upcoming renewal application filing. As a result, these radio stations must air the first pre-filing renewal announcement on April 1. The remaining pre-filing announcements must air once a day on April 16, May 1, and May 16, for a total of four announcements. At least two of these four announcements must air between 7:00 am and 9:00 am and/or 4:00 pm and 6:00 pm.
The text of the pre-filing announcement is as follows:
On [date of last renewal grant], [call letters] was granted a license by the Federal Communications Commission to serve the public interest as a public trustee until October 1, 2012. [Stations that have not received a renewal grant since the filing of their previous renewal application should modify the foregoing to read: "(Call letters) is licensed by the Federal Communications Commission to serve the public interest as a public trustee."]Article continues . . .Our license will expire on October 1, 2012. We must file an application for renewal with the FCC by June 1, 2012. When filed, a copy of this application will be available for public inspection during our regular business hours. It contains information concerning this station's performance during the last eight years [or other period of time covered by the application, if the station's license term was not a standard eight-year license term].
Individuals who wish to advise the FCC of facts relating to our renewal application and to whether this station has operated in the public interest should file comments and petitions with the Commission by September 1, 2012.
Further information concerning the FCC's broadcast license renewal process is available at [address of location of station's public inspection file] or may be obtained from the FCC, Washington, DC 20554.
Posted March 1, 2012
By Lauren Lynch Flick and Christine A. Reilly
March 2012
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee and Texas, and highlights the upcoming deadlines for compliance with the FCC's EEO Rule.
Introduction
April 1, 2012 is the deadline for broadcast stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas to place their Annual EEO Public File Report in their public inspection files and post the report on stations' websites.
Under the FCC's EEO Rule, all radio and television station employment units ("SEUs"), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.
In addition, those SEUs with five or more full-time employees ("Nonexempt SEUs") must also comply with the FCC's three-prong outreach requirements. Specifically, all Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening except in exigent circumstances, (ii) send notifications of full-time job vacancies to referral organizations that have requested such notifica¬tion, and (iii) earn a certain minimum number of EEO credits, based on participation in various non-vacancy-specific outreach initiatives ("Menu Options") suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station's eight-year license term. These Menu Option initiatives include, for example, sponsoring job fairs, attending job fairs, and having an internship program.
Nonexempt SEUs must prepare and place their Annual EEO Public File Report in the public inspection files and on the websites of all stations comprising the SEU (if they have a website) by the anniversary date of the filing deadline for that station's FCC license renewal application. The Annual EEO Public File Report summarizes the SEU's EEO activities during the previous 12 months, and the licensee must maintain adequate records to document those activities. Stations must also submit the two most recent Annual EEO Public File Reports at the midpoint of their license terms and with their license renewal applications.
Exempt SEUs - those with fewer than 5 full time employees - do not have to prepare or file Annual or Mid-Term EEO Reports.
For a detailed description of the EEO rule and practical assistance in preparing a compliance plan, broad¬casters should consult "Making It Work: A Broadcaster's Guide to the FCC's Equal Employment Opportunity Rules and Policies" published by the Communications Practice Group. This publication is available at: >http://www.pillsburylaw.com/siteFiles/Publications/CommunicationsAdvisoryMay2011.pdf.
Posted March 1, 2012
By Lauren Lynch Flick and Christine A. Reilly
March 2012
The next Children's Television Programming Report must be filed with the FCC and placed in stations' local public inspection files by April 10, 2012, reflecting programming aired during the months of January, February, and March 2012.
On Statutory and Regulatory Requirements
As a result of the Children's Television Act of 1990 and the FCC Rules adopted under the Act, full power and Class A television stations are required, among other things, to: (1) limit the amount of commercial matter aired during programs originally produced and broadcast for an audience of children 12 years of age and younger, and (2) air programming responsive to the educational and informational needs of children 16 years of age and younger.
These two obligations, in turn, require broadcasters to comply with two paperwork requirements Specifically, stations must: (1) place in their public inspection file one of four prescribed types of documentation demonstrating compliance with the commercial limits in children's television, and (2) complete FCC Form 398, which requests information regarding the educational and informational programming the station has aired for children 16 years of age and under. Form 398 must be filed electronically with the FCC and placed in the public inspection file. The base forfeiture for noncompliance with the requirements of the FCC's Children's Television Programming Rule is $10,000.
Article continues . . .
Posted March 1, 2012
By Scott R. Flick and Christine A. Reilly
March 2012
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local inspection files by April 10, 2012, reflecting information for the months of January, February, and March 2012.
Content of the Quarterly List
The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station. The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station's overall programming.
To demonstrate a station's compliance with this public interest obligation, the FCC requires a station to maintain and place in the public inspection file a Quarterly List reflecting the "station's most significant programming treatment of community issues during the preceding three month period." By its use of the term "most significant," the FCC has noted that stations are not required to list all responsive programming, but only that programming which provided the most significant treatment of the issues identified. Article continues . . .
Posted December 15, 2011
Commercial and noncommercial webcasters and those simulcasting radio programming over the Internet must by this date submit the Monthly Report of Use and Monthly Usage Statement of Account forms to SoundExchange for the month ending October 31, 2011.
Posted December 1, 2011
Commercial television stations must by this date electronically file FCC Form 317 Annual DTV Ancillary/Supplementary Services Report for Commercial Digital Television Stations with the FCC whether or not they have received any income from ancillary or supplementary services. If a DTV station provided ancillary or supplementary services during the 12-month time period ending on the preceding September 30, and received compensation for doing so, the station is required to pay five percent of the gross revenue from such services concurrently with the filing of Form 317.
Posted December 1, 2011
Noncommercial radio stations licensed to communities in Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont and noncommercial television stations licensed to communities in Colorado, Minnesota, Montana, North Dakota, and South Dakota (other than sole proprietorships or partnerships composed entirely of natural persons) must electronically file by this date their biennial ownership reports on FCC Form 323-E, unless they have consolidated this filing date with that of other commonly owned stations licensed to communities in other states.
Posted December 1, 2011
Station employment units ("SEUs") that have five or more full-time employees and are comprised of radio and/or television stations licensed to communities in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont must by this date place in their public inspection files (and post on their station website, if there is one), a report regarding station compliance with the FCC's EEO Rule during the period December 1, 2010 through November 30, 2011.
Posted December 1, 2011
Full-power AM and FM radio broadcast stations licensed to communities in Arkansas, Louisiana and Mississippi must begin on this date to air their pre-filing license renewal announcements in accordance with the FCC's regulations.
Posted December 1, 2011
Full-power AM and FM radio broadcast stations licensed to communities in Alabama and Georgia must begin on this date to air their post-filing license renewal announcements in accordance with the FCC's regulations. FM Translator stations must arrange for the required newspaper public notice of their license renewal application filing.
Posted December 1, 2011
Full-power AM and FM radio broadcast stations, as well as FM Translator stations, licensed to communities in Alabama and Georgia must by this date electronically file their applications for renewal of license on FCC Form 303-S, along with their Equal Opportunity Employment Reports on FCC Form 396 and their FCC filing fee.
Posted December 1, 2011
All commercial radio, television, low power television and Class A television stations must electronically file by this date their biennial ownership reports on FCC Form 323 and pay the required FCC filing fee. FCC Form 323 as filed must be placed in stations' public inspection files.
