Articles Posted in Direct to Topics

Published on:

This Pillsbury Broadcast Station Advisory is directed to radio and television stations in the areas noted above, and highlights upcoming deadlines for compliance with the FCC’s EEO Rule.

February 1 is the deadline for broadcast stations licensed to communities in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma to place their Annual EEO Public File Report in their Public Inspection File and post the report on their station website.  In addition, certain of these stations, as detailed below, must submit their two most recent EEO Public File Reports along with FCC Form 2100, Schedule 396 as part of their license renewal application submissions due by February 3.

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, 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 notification, 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, participating in 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 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.  As discussed below, nonexempt SEUs must submit to the FCC their two most recent Annual EEO Public File Reports when they file their license renewal applications.

For a detailed description of the EEO Rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC’s Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters published by Pillsbury’s Communications Practice Group.  This publication is available at: http://www.pillsburylaw.com/publications/broadcasters-guide-to-fcc-equal-employment-opportunity-rules-policies. Continue reading →

Published on:

Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Indiana, Kentucky, and Tennessee must begin airing pre-filing license renewal announcements on February 1, 2020.

Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Indiana, Kentucky, and Tennessee must begin airing pre-filing license renewal announcements on February 1, 2020.  License renewal applications for these stations, and for in-state FM translator stations, are due by April 1, 2020.

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 February 1.  The remaining pre-filing announcements must air once a day on February 16, March 1, and March 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 August 1, 2020.  [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.”]

Our license will expire on August 1, 2020.  We must file an application for renewal with the FCC by April 1, 2020.  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 FCC by July 1, 2020.

Further information concerning the FCC’s broadcast license renewal process is available at [address of location of the station][1] or may be obtained from the FCC, Washington, DC 20554, www.fcc.gov.

Continue reading →

Published on:

More than fifteen years after the adoption of the Bipartisan Campaign Reform Act (“BCRA”) of 2002, popularly known as “McCain-Feingold,” Congress’s and the Federal Communications Commission’s interest in political broadcasting and political advertising practices remains undiminished.  Broadcast stations must meet a broad range of federal mandates, and must therefore familiarize themselves with this regulatory area, ensuring they have adequate policies and practices in place and that they monitor legislative, FCC, and Federal Election Commission developments for changes in the law.

Stations must adopt and meticulously apply political broadcasting policies that are consistent with the Communications Act and the FCC’s rules, including the all-important requirement that stations fully and accurately disclose in writing their rates, classes of advertising, and sales practices to candidates.  This information should be provided to candidates and their agents in a station’s Political Advertising Disclosure Statement.

Many of the political broadcasting regulations are grounded in the “Reasonable Access,” “Equal Opportunities,” and “Lowest Unit Charge” provisions of the Communications Act.  These elements of the law ensure that broadcast facilities are available to candidates for federal office, that broadcasters treat competing candidates equally, and that stations provide candidates with the same rates offered to their most-favored commercial advertisers during specified periods prior to an election.  As a general rule, stations may not discriminate between candidates for the same office as to station use, the amount of time given or sold, or in any other meaningful way.

These rules are enforced through fairly stringent recordkeeping requirements, with a station’s political advertising documentation required to be kept in its political file—a file that is now available online to the public as part of a station’s Public Inspection File.  Political files must contain a station’s political documentation for the past two years.  As of the publication of this Advisory, all TV political file documents going back two years and most radio political file documents going back two years are online.  However, the FCC allowed certain smaller, small market, and noncommercial radio stations a longer period of time to move their pre-March 1, 2018 political documents online.  For these stations, their political files are not required to be completely online until March 1, 2020.

Because of the transition to online political files, broadcasters must be even more diligent to ensure that all political documents are timely created and uploaded.  The past few years have seen an uptick in political complaints from watchdog organizations which now have convenient around-the-clock access to stations’ political files.  Unfortunately, many of those who have suddenly gained ready access to stations’ political files do not understand the political rules and may allege that a station’s political file is missing required information when the political file is in fact complete. It is therefore important for stations to understand their obligations so they are able to quickly respond to such allegations before they generate formal FCC complaints.  Even where the station is completely in the right, responding to FCC complaints and investigations can be expensive, and diverts the attention of station staff from operating the station and serving the public.

While this Advisory outlines the political broadcasting rules in general terms, application of the rules can be quite fact-specific and there are many additional aspects of the rules too numerous to address within this Advisory. Accordingly, stations should contact legal counsel with specific questions or problems they encounter.

The Advisory continues at 2020 Political Broadcasting Advisory.

 

Published on:

Each full power and Class A TV station being repacked must file its next quarterly Transition Progress Report with the FCC by January 10, 2020.  The Report must detail the progress a station has made in constructing facilities on its newly-assigned channel and in terminating operations on its current channel during the months of October, November and December 2019.  However, in a March 28, 2019 Public Notice, the FCC waived the quarterly Transition Progress Report due on January 10, 2020 for stations assigned to Phase 8 of the transition.  The quarterly deadline falls within days of the deadline for those stations’ 10-Week Report (which stations must continue to timely file), making the quarterly report redundant.

Following the 2017 broadcast television spectrum incentive auction, the FCC imposed a requirement that television stations transitioning to a new channel in the repack file a quarterly Transition Progress Report by the 10th of January, April, July, and October of each year.  The first such report was due on October 10, 2017.

The next quarterly Transition Progress Report must be filed with the FCC by January 10, 2020, and must reflect the progress made by the reporting station in constructing facilities on its newly-assigned channel and in terminating operations on its current channel during the period from October 1 through December 31, 2019.  The Report must be filed electronically on FCC Form 2100, Schedule 387 via the FCC’s Licensing and Management System (LMS), accessible at https://enterpriseefiling.fcc.gov/dataentry/login.html.

The Transition Progress Report form includes a number of baseline questions, such as whether a station needs to conduct a structural analysis of its tower, obtain any non-FCC permits or FAA Determinations of No Hazard, or order specific types of equipment to complete the transition.  Depending on a station’s response to a question, the electronic form then asks for additional information regarding the steps the station has taken towards completing the required item.  Ultimately, the form requires each station to indicate whether it anticipates that it will meet the construction deadline for its transition phase. Continue reading →

Published on:

The Fourth Quarter of 2019 represents the last time that full power and Class A television stations will submit documentation of compliance with the Children’s Television Act of 1990 on a quarterly basis.  Following rule changes made in 2019, going forward, such documentation will be submitted annually.  To facilitate the transition to the new filing regime, the FCC has adopted interim filing requirements for the Fourth Quarter as follows:  Stations must place documentation of their compliance with their obligations regarding commercial limitations in children’s programming for the Fourth Quarter of 2019 in their Public Inspection Files by January 10, 2020, and must file their first Annual Children’s Television Programming Report by March 30, 2020.

Overview

The Children’s Television Act of 1990 requires full power and Class A television stations 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 under, and (2) air programming responsive to the educational and informational needs of children 16 years of age and under.  In addition, stations must comply with paperwork requirements related to these obligations.  On July 12, 2019, the FCC adopted a number of changes to its children’s television programming rules.  Substantively, the new rules provide broadcasters with additional flexibility in scheduling educational children’s television programming, and modify some aspects of the definition of “core” educational children’s television programming.  These portions of the revisions went into effect on September 16, 2019.

Procedurally, the new rules eliminate quarterly filing of the commercial limits certifications and the Children’s Television Programming Report in favor of annual filings, and change other information collection and reporting provisions.  These portions of the revisions will go into effect on January 21, 2020.

Because the new paperwork rules will not be in effect until January 21, 2020, stations must upload documentation of compliance with the commercial limits in children’s programming to their Public Inspection Files by January 10, 2020, as was previously the case.  Pursuant to the new annual filing requirement, documentation covering the 2020 calendar year will be due by January 30, 2021.

The FCC has waived the January 10, 2020 quarterly deadline with respect to the filing of the Children’s Television Programming Report.  The rule changes that the FCC adopted require changes to the existing Children’s Television Programming Report form on FCC Form 2100, Schedule H (commonly known as “FCC Form 398”), which have only just been approved by the Office of Management and Budget.  Therefore, to allow time for the newly approved Children’s Television Programming Report to be integrated into the FCC’s electronic filing system (expected to occur around January 30, 2020), and for broadcasters to become familiar with it, the FCC has extended the due date for broadcasters’ first Annual Children’s Television Programming Report to March 30, 2020.    

Commercial Television Stations

Commercial Limitations

The FCC’s rules require that stations limit the amount of “commercial matter” appearing in children’s programs to 12 minutes per clock hour on weekdays and 10.5 minutes per clock hour on the weekend.  In addition to commercial spots, website addresses displayed during children’s programming and promotional material must comply with a four-part test or they will be considered “commercial matter” and counted against the commercial time limits.  In addition, the content of some websites whose addresses are displayed during programming or promotional material are subject to host-selling limitations.  Program promos also qualify as “commercial matter” unless they promote (i) children’s educational/informational programming, or (ii) other age-appropriate programming appearing on the same channel.  Licensees must prepare supporting documents to demonstrate compliance with these limits on a quarterly basis through the Fourth Quarter of 2019, and annually thereafter.

Consequently, this proof of compliance should be placed in your Public Inspection File by January 10, 2020, covering programming aired during the months of October, November, and December 2019. Continue reading →

Published on:

The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by January 10, 2020, reflecting information for the months of October, November, and December 2019.

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 the 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.

Given that program logs are no longer mandated by the FCC, the Quarterly Lists may be the most important evidence of a station’s compliance with its public service obligations.  The lists also provide important support for the certification of Class A television station compliance discussed below.  We therefore urge stations not to “skimp” on the Quarterly Lists, and to err on the side of over-inclusiveness.  Otherwise, stations risk a determination by the FCC that they did not adequately serve the public interest during the license term.  Stations should include in the Quarterly Lists as much issue-responsive programming as they feel is necessary to demonstrate fully their responsiveness to community needs.  Taking extra time now to provide a thorough Quarterly List will help reduce risk at license renewal time.

It should be noted that the FCC has repeatedly emphasized the importance of the Quarterly Lists and often brings enforcement actions against stations that do not have fully complete Quarterly Lists or that do not timely place such lists in their Public Inspection File.  The FCC’s base fine for missing Quarterly Lists is $10,000.

Preparation of the Quarterly List

The Quarterly Lists are required to be placed in the Public Inspection File by January 10, April 10, July 10, and October 10 of each year.  The next Quarterly List is required to be placed in stations’ Public Inspection Files by January 10, 2020, covering the period from October 1, 2019 through December 31, 2019. Continue reading →

Published on:

Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Arkansas, Louisiana, and Mississippi must begin airing pre-filing license renewal announcements on December 1, 2019. 

Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Arkansas, Louisiana, and Mississippi must begin airing pre-filing license renewal announcements on December 1, 2019.  License renewal applications for these stations, and for in-state FM translator stations, are due by February 1, 2020.  Note that because this filing deadline falls on a weekend, submission of the license renewal application may be made on February 3.  However, the post-filing license renewal announcement for that day (discussed below) must still be made on February 1.

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 December 1.  The remaining pre-filing announcements must air once a day on December 16, January 1, and January 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 June 1, 2020.  [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.”]

Our license will expire on June 1, 2020.  We must file an application for renewal with the FCC by February 1, 2020.  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 FCC by May 1, 2020.

Further information concerning the FCC’s broadcast license renewal process is available at [address of location of the station][1] or may be obtained from the FCC, Washington, DC 20554, www.fcc.gov.

If a station misses airing an announcement, it should broadcast a make-up announcement as soon as possible and contact counsel to further address the situation.  Special rules apply to noncommercial educational stations that do not normally operate during any month when their announcements would otherwise be due to air, as well as to other silent stations.  These stations should also contact counsel regarding how to give the required public notice.

Post-Filing License Renewal Announcements

Once the license renewal application has been filed, full power commercial and noncommercial radio and LPFM stations must broadcast six post-filing renewal announcements.  These announcements must air, once per day, on February 1 and February 16, 2020, as well as March 1, March 16, April 1, and April 16, 2020.  At least three of these announcements must air between 7:00 am and 9:00 am and/or 4:00 pm and 6:00 pm.  At least one announcement must air in each of the following time periods: between 9:00 am and noon, between noon and 4:00 pm, and between 7:00 pm and midnight.

The text of the post-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, 2020.

Our license will expire on June 1, 2020.  We have filed an application for renewal with the FCC.

A copy of this application is available for public inspection at www.fcc.gov.  It contains information concerning this station’s performance during the last eight years [or such other period of time covered by the application, if the station’s license term was other than a standard eight-year 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 FCC by May 1, 2020.

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, www.fcc.gov.

Continue reading →

Published on:

This Pillsbury Broadcast Station Advisory is directed to radio and television stations in the areas noted above, and highlights upcoming deadlines for compliance with the FCC’s EEO Rule.

December 1 is the deadline for broadcast stations licensed to communities in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont to place their Annual EEO Public File Report in their Public Inspection File and post the report on their station website.  In addition, certain of these stations, as detailed below, must submit their two most recent EEO Public File Reports along with FCC Form 2100, Schedule 396 as part of their license renewal application submissions due on December 1.

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, 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 notification, 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, participating in 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 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.  As discussed below, nonexempt SEUs must submit to the FCC their two most recent Annual EEO Public File Reports when they file their license renewal applications.

For a detailed description of the EEO Rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC’s Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters published by Pillsbury’s Communications Practice Group.  This publication is available at: http://www.pillsburylaw.com/publications/broadcasters-guide-to-fcc-equal-employment-opportunity-rules-policies. Continue reading →

Published on:

Quarterly documentation of stations’ compliance with their obligations under the Children’s Television Act of 1990 for the Third Quarter of 2019 is due to be placed in stations’ Public Inspection Files by October 10, 2019, and in the case of educational children’s television programming, to be filed electronically with the FCC on that same date. 

Interim Filing Procedures Regarding Educational Children’s Television Programming

The Children’s Television Act of 1990 requires full power and Class A television stations 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 under, and (2) air programming responsive to the educational and informational needs of children 16 years of age and under.  On July 12, 2019, the FCC adopted a number of changes to its children’s television programming rules, primarily with respect to the educational television programming requirements.  Substantively, the new rules provide broadcasters with additional flexibility in scheduling educational children’s television programming, and modify some aspects of the definition of “core” educational children’s television programming.  These portions of the revisions went into effect on September 16, 2019.

Procedurally, the new rules eliminate quarterly filing of the Children’s Television Programming Report in favor of an annual filing, and change other information collection and reporting provisions.  Unfortunately, the rule changes that affect broadcasters’ reporting requirements have not yet been approved by the Office of Management and Budget, and the report form itself has not been updated to reflect the new substantive requirements.

As a result, for purposes of the quarterly Children’s Television Programming Report due on October 10, 2019, broadcasters should answer all questions regarding such programming that aired prior to September 16, 2019, and should not respond to the question concerning what programming will be aired in the upcoming quarter.  When calculating the average number of hours per week of educational children’s television programming aired, broadcasters should only consider the first 11 weeks of the quarter.  Programming aired on or after September 16, 2019 is to be reported on the station’s next report.

The next report will be broadcasters’ first “annual” Children’s Television Programming Report and will cover the period from September 16, 2019 through December 31, 2019.  That report must be filed by January 30, 2020.

Summary of Changes 

Prior to September 16, 2019, the FCC’s educational children’s television programming rules generally required that a station air an average of 3 hours of “core” educational children’s television programming per week on each of its streams, averaged over a six-month period, to receive staff-level license renewal approval.  To be considered a “core” program, the program had to be specifically designed to meet the educational and informational needs of children 16 years of age and under; be identified as such on-air with the “E/I” symbol displayed throughout the airing of the programming; be identified to publishers of program guides along with the target age range of the program; be “program-length,” that is, at least 30 minutes in length; and be regularly scheduled to air on a weekly basis between the hours of 7:00 a.m. and 10:00 p.m.  In addition, broadcasters had to identify the educational purpose of the program in their quarterly Children’s Television Programming Report and advertise the availability and location of that report to the public.  Further provisions applied with regard to preempting and making good educational children’s television programming and the treatment of educational children’s programming airing on two of a station’s programming streams during a quarter.

The FCC’s new rules revise both the three hour per week renewal processing guideline and the definition of core children’s television programming.  Specifically, as of September 16, 2019, stations can continue to meet their obligation by airing an average of 3 hours per week of regularly-scheduled, weekly, program-length educational programming on their primary stream, but are not required to air additional children’s television programming on their multicast streams.  As an alternative to airing 3 hours per week of regularly-scheduled educational programming, stations may now air 26 hours per quarter (2 hours per week) of regularly scheduled, weekly, program-length educational programming, and air an additional 52 hours of programming throughout the year that is not provided on a regularly-scheduled basis (such as educational specials or other non-weekly programming) which is at least 30 minutes in length.   Alternatively, these 52 hours of non-regularly-scheduled programming can be educational programming that is less than 30 minutes in length, such as PSAs or interstitials.

Under any scenario, licensees may move up to 13 hours per quarter of their regularly-scheduled, program-length educational children’s television programming to a multicast stream, but any station opting to air 52 hours per year of programming that it is not regularly-scheduled must air that programming on the station’s primary stream.  In addition, broadcasters are permitted to count as regularly-scheduled any children’s educational program episode that was preempted but made good within seven days before or after the date on which it was originally scheduled to air.

For purposes of compliance with the new rules in the Fourth Quarter of 2019, stations must therefore either air 45 hours of regularly-scheduled weekly core programming on their primary stream from September 16 through December 31, 2019, or they must air at least 30 hours of such programming (at least 4 hours on or before September 30) and an additional 15 hours of core programming that is not regularly-scheduled and which may be less than 30 minutes in length.  Of those 30 hours, up to 2 hours can air on the station’s multicast streams on or before September 30 and up to 13 hours can air on the station’s multicast streams from November 1 to December 31.  All of the remaining 15 hours of non-regularly-scheduled or short form programming must air on the station’s primary stream.

Third Quarter 2019 Filing Requirements

Turning back to the Third Quarter 2019 Report due on October 10, broadcasters must 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) submit the Children’s Television Report (FCC Form 2100, Schedule H, which is often referred to by its former designation as Form 398), which requests information regarding the educational and informational programming the station has aired for children 16 years of age and under.  The Children’s Television Programming Report must be filed electronically with the FCC.  The FCC automatically places the electronically filed Children’s Television Programming Report filings into the respective station’s Public Inspection File.  However, each station should confirm that has occurred to ensure that its Public Inspection File is complete. Continue reading →

Published on:

The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by October 10, 2019, reflecting information for the months of July, August and September 2019.

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 the 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.

Given that program logs are no longer mandated by the FCC, the Quarterly Lists may be the most important evidence of a station’s compliance with its public service obligations. The lists also provide important support for the certification of Class A television station compliance discussed below. We therefore urge stations not to “skimp” on the Quarterly Lists, and to err on the side of over-inclusiveness. Otherwise, stations risk a determination by the FCC that they did not adequately serve the public interest during the license term. Stations should include in the Quarterly Lists as much issue-responsive programming as they feel is necessary to demonstrate fully their responsiveness to community needs. Taking extra time now to provide a thorough Quarterly List will help reduce risk at license renewal time.

It should be noted that the FCC has repeatedly emphasized the importance of the Quarterly Lists and often brings enforcement actions against stations that do not have fully complete Quarterly Lists or that do not timely place such lists in their Public Inspection File. The FCC’s base fine for missing Quarterly Lists is $10,000.

Preparation of the Quarterly List

The Quarterly Lists are required to be placed in the Public Inspection File by January 10, April 10, July 10, and October 10 of each year. The next Quarterly List is required to be placed in stations’ Public Inspection Files by October 10, 2019, covering the period from July 1, 2019 through September 30, 2019. Continue reading →