Noncommercial Operation Category

Annual DTV Ancillary/Supplementary Services Report Due for Commercial and Noncommercial Digital Television Stations

Scott R. Flick Lauren Lynch Flick

Posted December 1, 2014

By Lauren Lynch Flick and Scott R. Flick

November 2014

All commercial and noncommercial educational digital television broadcast station licensees and permittees must file FCC Form 317 by December 1, 2014.

The FCC requires all digital television stations, including all commercial and noncommercial educational full power television stations, digital low power television stations, digital translator television stations, and digital Class A television stations, to submit FCC Form 317 each year. The report details whether stations provided ancillary or supplemental services at any time during the twelve-month period ending on the preceding September 30. It is important to note that the FCC Form 317 must be submitted regardless of whether stations offered any such services. FCC Form 317 must be filed electronically, absent a waiver, and is due on December 1, 2014.

Ancillary or supplementary services are all services provided on the portion of a DTV station's digital spectrum that is not necessary to provide the required single free, over-the-air signal to viewers. Any video broadcast service that is provided with no direct charge to viewers is exempt. According to the FCC, examples of services that are considered ancillary or supplementary include, but are not limited to, "computer software distribution, data transmissions, teletext, interactive materials, aural messages, paging services, audio signals, subscription video, and the like."

If a DTV station provided ancillary or supplementary services during the 12-month time period ending on September 30, 2014, it must pay the FCC 5% of the gross revenues derived from the provision of those services. This payment can be forwarded to the FCC's lockbox at the U.S. Bank in St. Louis, Missouri and must be accompanied by FCC Form 159, the Remittance Advice. Alternatively, the fee can be paid electronically using a credit card on the FCC's website. The fee amount must also be submitted by the December 1, 2014 due date.

A PDF version of this article can be found at Annual DTV Ancillary/Supplementary Services Report Due for Commercial and Noncommercial Digital Television Stations.


Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in New Jersey and New York

Scott R. Flick Lauren Lynch Flick

Posted December 1, 2014

By Lauren Lynch Flick and Scott R. Flick

November 2014

TV, Class A TV, and locally originating LPTV stations licensed to communities in New Jersey and New York must begin airing pre-filing license renewal announcements on December 1, 2014. License renewal applications for all TV stations in New Jersey and New York are due by February 2, 2015.

Pre-Filing License Renewal Announcements

Stations in the video services that are licensed to communities in New Jersey and New York must file their license renewal applications by February 2, 2015.

Beginning two months prior to that filing, full power TV, Class A TV, and LPTV stations capable of local origination 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 December 1, 2014. The remaining announcements must air on December 16, 2014 and January 1, and January 16, 2015, 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 p.m. and 11:00 p.m. (Eastern/Pacific) or 5:00 p.m. and 10:00 p.m. (Central/Mountain). 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, but 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 as listed above, i.e., the first two must air between 6:00 p.m. and 11:00 p.m. (Eastern/Pacific) or 5:00 p.m. and 10:00 p.m. (Central/Mountain).

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 June 1, 2015. [Stations which 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."]

Our license will expire on June 1, 2015. We must file an application for renewal with the FCC by February 1, 2015. When filed, a copy of this application will be available for public inspection at www.fcc.gov. 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 May 1, 2015.

Further information concerning the FCC's broadcast license renewal process is available at [address of location of the station] or may be obtained from the FCC, Washington, DC 20554.

If a station misses airing an announcement, it should broadcast a make-up announcement as soon as possible and contact us to further address the situation. As noted above, special rules apply to noncommercial stations that do not normally operate during any month when their announcements would otherwise be required to air, as well as to other silent stations. These stations should contact us to ensure they give the required public notice.

Continue reading "Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in New Jersey and New York"


Biennial Ownership Reports are due by December 1, 2014 for Noncommercial Radio Stations in CO, MN, MT, ND, SD and Noncommercial Television Stations in AL, CT, GA, ME, MA, NH, RI and VT

Scott R. Flick Lauren Lynch Flick

Posted December 1, 2014

By Lauren Lynch Flick and Scott R. Flick

November 2014

The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station's respective license renewal filing deadline.

Noncommercial radio stations licensed to communities in Colorado, Minnesota, Montana, North Dakota, and South Dakota and noncommercial television stations licensed to communities in Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont must electronically file their Biennial Ownership Reports by December 1, 2014. Licensees must file using FCC Form 323-E and must also place the form as filed in their stations' public inspection files. Television stations must assure that a copy of the form is posted to their online public inspection files at https://stations.fcc.gov.

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. In January 2013, the FCC renewed that inquiry. Until a decision is reached, 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 deadline.

A PDF version of this article can be found at Biennial Ownership Reports are due by December 1, 2014 for Noncommercial Radio Stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota and Noncommercial Television Stations in Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.


Biennial Ownership Reports are due by October 1, 2014 for Noncommercial Radio Stations in IA and MO and Noncommercial Television Stations in AK, Am. Samoa, FL, Guam, HI, Mariana Is., OR, PR, Saipan, VI and WA

Scott R. Flick Lauren Lynch Flick

Posted October 1, 2014

By Lauren Lynch Flick and Scott R. Flick

September 2014

The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station's respective license renewal filing deadline.

Noncommercial radio stations licensed to communities in Iowa and Missouri and noncommercial television stations licensed to communities in Alaska, American Samoa, Florida, Guam, Hawaii, the Mariana Islands, Oregon, Puerto Rico, Saipan, the Virgin Islands, and Washington must electronically file their Biennial Ownership Reports by October 1, 2014. Licensees must file using FCC Form 323-E and must also place the form as filed in their stations' public inspection files. Television stations must assure that a copy of the form is posted to their online public inspection files at https://stations.fcc.gov.

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. In January 2013, the FCC renewed that inquiry. Until a decision is reached, 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 deadline.

A PDF version of this article can be found at Biennial Ownership Reports are due by October 1, 2014 for Noncommercial Radio Stations in Iowa & Missouri & Noncommercial Television Stations in Alaska, American Samoa, Florida, Guam, Hawaii, the Mariana Islands, Oregon, Puerto Rico, Saipan, the Virgin Islands, and Washington.


Biennial Ownership Reports are due by August 1, 2014 for Noncommercial Radio Stations in Illinois and Wisconsin and Noncommercial Television Stations in California, North Carolina, and South Carolina

Scott R. Flick Lauren Lynch Flick

Posted August 1, 2014

By Lauren Lynch Flick and Scott R. Flick

July 2014
The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station's respective license renewal filing deadline.

Noncommercial radio stations licensed to communities in Illinois and Wisconsin and noncommercial television stations licensed to communities in California, North Carolina, and South Carolina must electronically file their Biennial Ownership Reports by August 1, 2014. Licensees must file using FCC Form 323-E and must also place the form as filed in their stations' public inspection files. Television stations must assure that a copy of the form is posted to their online public inspection files at https://stations.fcc.gov.

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 established for all commercial radio and television stations. In January 2013, the FCC renewed that inquiry. Until a decision is reached, 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 deadline.

A PDF version of this article can be found at Biennial Ownership Reports are due by August 1, 2014 for Noncommercial Radio Stations in Illinois and Wisconsin and Noncommercial Television Stations in California, North Carolina, and South Carolina.


FCC Form 323-E Biennial Ownership Report Due

Posted April 1, 2014

Noncommercial radio stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, or Tennessee and noncommercial television stations licensed to communities in Texas (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. FCC Form 323-E does not require a filing fee. The form as filed must be placed in stations' public inspection files.


Copyright Royalty Fee: Monthly Usage Statement of Account Form Due

Posted March 17, 2014

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 January 31, 2014.


Copyright Royalty Fee: Monthly Usage Statement of Account Form and Quarterly Report of Use Form Due

Posted February 14, 2014

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 December 31, 2013.


FCC Form 323-E Biennial Ownership Report Due

Posted February 1, 2014

Noncommercial radio stations licensed to communities in Arkansas, Louisiana, Mississippi, New Jersey, and New York, and noncommercial television stations licensed to communities in Kansas, Nebraska, and Oklahoma (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. FCC Form 323-E does not require a filing fee. The form as filed must be placed in stations' public inspection files. Note that since this filing deadline falls on a weekend, the submission of this item to the FCC may be made on February 3.


Copyright Royalty Fee: Annual Minimum Fee Statement of Account Form Due

Posted January 31, 2014

By this date, most commercial and noncommercial webcasters and those simulcasting radio programming over the Internet must submit the Minimum Fee Statement of Account Form and the annual copyright royalty fee to SoundExchange. January 31 is also the date by which certain webcasters and simulcasters are eligible to make elections affecting their royalty rates and reporting requirements for the upcoming year. If your radio broadcast station is simulcast or rebroadcast over the Internet, we encourage you to consult qualified counsel with regard to your obligations.


Copyright Royalty Fee: Monthly Report of Use and Monthly Usage Statement of Account Forms Due

Posted January 14, 2014

Commercial and noncommercial webcasters and online simulcasters must file Monthly Report of Use and Monthly Usage Statement of Account forms for the month ending November 30, 2013.


FCC Enforcement Monitor

Scott R. Flick Paul A. Cicelski

Posted March 29, 2013

By Scott R. Flick and Paul A. Cicelski

March 2013

Pillsbury's communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month's issue includes:

  • Delay in Providing Access to Public Inspection File Leads to Fine
  • FCC Fines Broadcaster for Antenna Tower Fencing, EAS and Public Inspection File Violations
Radio Station Fined $10,000 for Not Providing Immediate Access to Public File

This month, the Enforcement Bureau of the FCC issued a Notice of Apparent Liability for Forfeiture and Order ("NAL") in the amount of $10,000 against a Texas noncommercial broadcaster for failing to promptly make its public inspection file available. For the delay of a few hours, the Commission proposed a fine of $10,000 and reminded the licensee that stations must make their public inspection file available for inspection at any time during regular business hours and that a simple request to review the public file is all it takes to mandate access.

According to the NAL, an individual from a competitor arrived at the station at approximately 10:45 a.m. and asked to review the station public inspection file. Station personnel informed the individual that the General Manager could give him access to the public files, but that the General Manager would not arrive at the station until "after noon." The individual returned to the studio at 12:30 p.m.; however, the General Manager had still not arrived at the studio. According to the visiting individual, the receptionist repeatedly asked him if he "was with the FCC." Ultimately, the receptionist was able to reach the General Manager by phone, and the parties do not dispute that at that time, the individual asked to see the public file. During that call, the General Manager told the receptionist to give the visitor access to the file. According to the visitor, when the General Manager finally arrived, he too asked if the individual was from the FCC, and then proceeded to monitor the individual's review of the public file.

After the station visit, the competitor filed a Complaint with the FCC alleging that the station public files were incomplete and that the station improperly denied access to the public inspection files. The FCC then issued a Letter of Inquiry to the station, requesting that the station respond to the allegations and to provide additional information. The station denied that any items were missing from the public file and also denied that it failed to provide access to the files.

Continue reading "FCC Enforcement Monitor"


Copyright Royalty Fee: Monthly Usage Statement of Account Form and Quarterly Report of Use Form Due

Posted February 14, 2013

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 December 31, 2012.


FCC Form 323-E Biennial Ownership Report Due

Posted February 1, 2013

Noncommercial radio stations licensed to communities in Kansas, Nebraska or Oklahoma, and noncommercial television stations licensed to communities in Arkansas, Louisiana, Mississippi, New Jersey or New York (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. FCC Form 323-E does not require a filing fee. The form as filed must be placed in stations' public inspection files.


Copyright Royalty Fee: Annual Minimum Fee Statement of Account Form Due

Posted January 31, 2013

By this date, most commercial and noncommercial webcasters and those simulcasting radio programming over the Internet must submit the Minimum Fee Statement of Account Form and the annual $500 copyright royalty fee to SoundExchange. January 31 is also the date by which certain webcasters and simulcasters are eligible to make elections affecting their royalty rates and reporting requirements for the upcoming year. If your radio broadcast station is simulcast or rebroadcast over the Internet, we encourage you to consult qualified counsel with regard to your obligations.