Articles Posted in Programming Regulations

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7/16/2009
As the sources of content available to the public proliferate, attracting and retaining an audience grows more challenging. A common strategy is to use provocative or “attention-getting” on-air elements to increase station awareness among media-saturated listeners and viewers. However, stations must be mindful of the numerous legal restrictions on content, particularly given that illegal on-air content can garner fines as high as $325,000 per violation. In addition, certain types of illegal on-air content can subject a broadcaster to civil and criminal liability, as well as loss of its license.

Introduction
Familiarity with the FCC’s rules regarding on-air content is not optional for on-air talent, station programmers or station management. In most cases, editorial judgments made in advance, especially in the case of syndicated or pre-recorded programming, can prevent illegal content from reaching the air. It is therefore important that those involved in airing broadcast programming be up-to-date on the boundary lines that the FCC and the courts have drawn to distinguish legal from illegal on-air content.

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On March 13, 2009, and in response to the Congressional extension of the digital transition deadline from February 17 to June 12, 2009, the FCC released an R&O which, among other things, revised the rules associated with its requirements for DTV Consumer Education Initiatives. Those significant revisions, which became effective on April 1, 2009, included additional viewer notifications regarding antennas, help/walk-in centers, rescanning activities, and service loss.

The FCC has released a draft version of its most recent FCC Form 388 which includes the rule changes. A copy of the revised FCC Form 388, which has not yet received OMB approval, is available for review on the FCC’s website at https://www.fcc.gov/Forms/Form388/388.pdf.

By July 10, 2009, all television stations are required to report on the DTV Education Initiatives undertaken in the months of April, May and June by electronically filing the revised FCC Form 388. The FCC Form 388 is also required to be placed in the station’s public inspection file by July 10, 2009 and posted by that date to the station’s website, if it has one. Details of the FCC’s DTV Consumer Education requirements can be found in our Advisory posted on our website by clicking the link below.

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1/6/2009
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by January 10, 2009, reflecting programming aired during the months of October, November and December 2008.

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September 2008
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by October 10, 2008, reflecting information for the months of July, August and September. The FCC’s action adopting the new program report Form 355, which is intended to replace the Quarterly Issues/Programs Lists for full-power and Class A television stations, will not have any effect on this third quarter public file requirement.

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March 2008
Why should you, as a broadcaster, file comments in the FCC’s “Report on Broadcast Localism and Notice of Proposed Rulemaking” in MB Docket No. 04-233 (“NPRM”)?

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January 2008
Television stations will now be required to file FCC Form 355, a new quarterly programming report, as well as post their public inspection files online. These new requirements apply only to full-power and Class A television stations.

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December 2007
At an open meeting on December 18, 2007, the Federal Communications Commission (“FCC”) adopted a Report on the results of its “Localism Proceeding” along with a Notice of Proposed Rulemaking (“NPRM”) seeking comments on the tentative findings included in the Report. The findings are based on a series of public hearings that took place around the country and on the public comments filed with the FCC in response to its Localism Notice of Inquiry released on July 1, 2004 (MB Docket 04-233). The texts of the Report and NPRM have not yet been released.

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