Articles Posted in Television

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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.

June 1 is the deadline for broadcast stations licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, New Mexico, Michigan, Nevada, Ohio, Utah, Virginia, West Virginia, and Wyoming 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 June 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,[1] (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. Continue reading →

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With much of the United States under COVID-19 stay-at-home directives, and frost warnings still in the forecast, it’s as good a time as any to review the upcoming cable and satellite carriage election process for television broadcasters. The FCC recently completed an overhaul of its rules governing how eligible television broadcasters provide notice of their carriage elections to cable and satellite companies. The first deadline under those new procedures is July 31, 2020, when broadcasters must update their online contact information at the FCC as a precursor to implementing the FCC’s new paperless MVPD carriage notification procedures.

Ever since Congress created the must-carry/retransmission consent regime in the 1992 Cable Act, broadcasters have mailed paper notices to MVPDs regarding their must-carry/retransmission consent elections prior to October 1st of every third year. With regard to satellite distributors, this process has always required stations to send their election notices via certified mail, return receipt requested. While the rules didn’t specifically require this for notices to cable systems, the lack of specificity in the rules regarding cable notices led most broadcasters to use the same procedures as used with satellite providers.

This approach often imposed significant costs on broadcasters, requiring them to: (1) identify the MVPDs serving each of their markets, (2) locate the correct contact person for carriage matters at each MVPD, (3) prepare the election letters, (4) send the letters to that contact person via certified mail, (5) confirm receipt of each letter, and (6) be prepared to move quickly to find new contact information and send new election letters (which still must be received by the October 1 deadline) where the post office returns an election letter as undeliverable.

In 2019, the FCC took the first step to simplify this process and reduce the corresponding costs. Specifically, it adopted rules requiring both television broadcasters and MVPDs to post in their online Public Inspection Files an email address and telephone number for the employee responsible for handling carriage inquiries. In addition, MVPDs must place similar contact information in the FCC’s COALS filing system. The FCC has now directed television stations and MVPDs to complete these tasks by July 31, 2020.

In the FCC’s new paperless notice system, after the contact information has been uploaded, TV stations will have until October 1, 2020 to upload to their online Public Inspection File their carriage elections. This election will cover the next three-year cycle from January 1, 2021 to December 31, 2023.

Because noncommercial stations cannot elect retransmission consent on MVPDs, the FCC found that it could simplify the process for noncommercial stations by eliminating the need for further triennial elections after the October 1, 2020 election notice is placed in the station’s Public Inspection File.

This new “Public File” approach also simplifies the process for commercial TV stations going forward in that they will only have to send a separate notice to an MVPD if the station seeks to change its election for that MVPD from its election for the prior three-year cycle. In such cases, the station must send an email to the MVPD containing certain information with regard to its change in election, and send a “carbon copy” to a newly-created FCC email address for such notifications. The MVPD is then required to acknowledge receipt via email.

The copy sent to the FCC email address is intended to serve as evidence of the station’s effort to provide the required email notice to the MVPD. If the station does not receive the required acknowledgement from the MVPD, it must call the MVPD’s contact telephone number. Where the station retains records demonstrating that it took the above steps, and timely uploaded its election to its online Public File, the FCC will consider the station’s election to be effective.

In adopting these new procedures, the FCC noted that two classes of television broadcast facilities eligible for carriage are not required to maintain online Public Inspection Files: (i) low-power television stations that qualify for must-carry rights, and (ii) qualified educational television translators. Because of this, the FCC adopted rules in March 2020 to implement slightly different election notification requirements for these facilities.

Specifically, eligible low-power television stations and educational television translator stations will be required to email each MVPD by  October 1, 2020 and provide certain “baseline information” regarding their carriage election (or carriage request in the case of NCE translators). Going forward, qualified LPTV stations must only email an MVPD when seeking to change their election for the upcoming three-year cycle. Like full-power commercial TV stations, LPTV stations must send a “carbon copy” to the FCC’s must-carry notification email address, and follow-up with a telephone call to the MVPD if they do not receive a verification of receipt email from the MVPD.

If the MVPD has any questions regarding carriage, it is permitted to rely on the contact information for the station contained in the FCC’s LMS filing system. For that reason, eligible LPTV stations and educational television translators must update their contact information in LMS no later than July 31, 2020, and keep it updated thereafter.

The new rules should reduce the number of broadcasters standing in line at their local post offices in late September, but for this new system to work, broadcasters and MVPDs need to make sure that they update their contact information by July 31st, 2020, and keep it up to date thereafter.

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This afternoon, the FCC released a brief Order looking toward the day when life in the U.S. hopefully returns to normal, and broadcast stations begin rehiring furloughed workers.

In the two-page Order, the FCC waived the requirement in its EEO Rule that broadcasters and MVPDs engage in “broad outreach” when filling each full-time job position.  Making clear that this relief is restricted to the circumstances of COVID-19, the FCC limited application of the waiver to the rehiring of station employees that were laid off due to the pandemic, and only where the employee is then rehired within nine months of being laid off.

The FCC reasoned that:

Given the unique importance of broadcasters and MVPDs in providing access to breaking news and critical information relating to the pandemic, the public interest, convenience, and necessity would be best served by encouraging these entities to maintain, or quickly resume, normal operations. Facilitating the expeditious re-hiring of full-time employees laid off as a result of the pandemic to job vacancies created by the pandemic supports this important goal.

While the FCC has long recognized a narrow exception to its broad recruitment requirement where a hire occurs under “exigent circumstances” (and it’s hard to imagine more exigent circumstances than a station bringing its employees back on board after a pandemic), today’s waiver avoids the need for stations to have to prove exigent circumstances existed when facing an EEO audit or other EEO review down the road.

The good news is that today’s waiver gives broadcasters and MVPDs one less thing to worry about during the pandemic.  The bad news is that it still leaves about 999,999 others for them to address in the coming months.

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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:

  • Rebroadcast Changes Lead to FM Translator Station Fine
  • Delinquent Regulatory Fees Threaten AM Station License
  • Procedural Missteps Lead to Dismissal of Stations’ Applications in Administrative Proceeding

North Carolina FM Translator’s Primary Station Change Leads to Fine

Following a Notice of Apparent Liability issued last year, the FCC recently issued a Forfeiture Order fining a North Carolina FM Translator station $2,000 for changing the station it rebroadcasts without notifying the Commission.  However, in an oversight by the FCC, the Order was issued in error as the station had already paid the outstanding fine.

Sections 74.1232(b) and 74.1251(c) of the FCC’s Rules set forth eligibility, licensing, and other technical rules applicable to FM translator stations.  Under Section 74.1232(b), an entity may not hold multiple FM translator licenses to retransmit the same signal to substantially the same area without showing a “technical need” for an additional station.  Section 74.1251(c) requires a translator licensee to notify the FCC in writing if it changes the primary station it rebroadcasts.

The Media Bureau’s investigation began in response to a Petition for Reconsideration challenging the grant of a construction permit for the translator station.  The licensee originally applied for the permit in July 2018, but amended its application to change its primary station.  The Bureau granted the amended application the following month.

In its filing, the petitioner acknowledged that it was not a party to the application proceeding, but argued that it was effectively precluded from participating because the FCC granted the application only ten days after the amended application was placed on public notice.  The Commission ultimately dismissed the challenge, determining that ten days is a reasonable amount of time to prepare and file a pleading and further concluded that the petitioner had sufficient notice of the amended application.  The Commission also found that reconsideration of the application grant is not required in the public interest under the FCC’s rules.

In April 2019, the station filed a license application for the now-constructed station, which the Commission granted shortly thereafter.  In response, the petitioner filed a new petition contesting the grant of the license itself claiming that (1) there was no “technical need” for the translator, such as issues with poor signal quality, and (2) the translator was not operating as authorized.  This petition prompted the FCC’s review of the station’s rebroadcasting practices.

In December 2019, the FCC issued a Memorandum Opinion and Order and Notice of Apparent Liability that again rejected the petitioner’s argument that there was no “technical need” for the translator station, noting that this issue is considered at the permitting, not the licensing phase, and that a showing of technical need is only required when the same party proposes to own more than one translator rebroadcasting the same signal in substantially the same area.

The FCC did, however, conclude that the station violated the FCC’s rules by rebroadcasting a station not specified in its authorization without notifying the FCC.  The FCC found that for roughly a month, the translator rebroadcast a nearby AM station, rather than the FM station specified in its license.

Despite these violations, the FCC concluded that permittees are entitled to a “high degree of protection” and a presumption that the Commission’s public interest determination in granting the permit should remain in effect unless it is shown that the station’s operation would go against the public interest.  As a result, the Commission dismissed the license challenge and instead proposed a fine to resolve the violations.

The Notice of Apparent Liability proposed a $2,000 fine.  Although the base fine amount for failure to file required information is $3,000, and $4,000 for unauthorized transmissions, the FCC proposed the reduced fine due to the short duration of the violations and a lack of history of prior offenses.  The Commission recently followed this NAL with a Forfeiture Order requiring the station to pay the $2,000 fine or file a written statement justifying a reduction or cancellation of the fine.  Days later, however, the Commission issued a separate order cancelling the Forfeiture Order, noting that the station had actually already paid the fine, and indicating that the Forfeiture Order was therefore “issued in error”.

Delinquent Payments Come at a High Price: Failure to Pay Regulatory Fees Threatens California AM Station

As previous CommLawCenter posts demonstrate, failure to pay regulatory fees can lead to significant penalties, including license revocation.  In one recent example, the FCC initiated a license revocation proceeding against a California AM station, ordering it to either pay its delinquent regulatory fees or demonstrate why no payment is due.

Section 9 of the Communications Act (the “Act”) requires the FCC to “assess and collect regulatory fees” to recover the costs of its regulatory activities.  When a payment is late or incomplete, a monetary penalty equal to 25 percent of the fee amount owed will be assessed.  The Act also requires the FCC to charge interest on the debt owed.  In addition to these monetary penalties, Section 9A(c)(4) of the Act and Section 1.1164(f) of the FCC’s Rules provide that the FCC may revoke a licensee’s authorization for failure to timely pay regulatory fees.  If the FCC wishes to pursue that option, the licensee must be given at least 60 days to either pay the debt or demonstrate why the fees are inapplicable.  Although applied sparingly by the FCC, the Commission may waive, reduce, or defer payment of the debt where a party demonstrates “extraordinary circumstances” that outweigh the public interest in recovering the regulatory fees. Continue reading →

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Early this afternoon, the FCC released a Public Notice announcing an extension of broadcasters’ deadlines for certain filings in light of the disruptions being caused by the coronavirus epidemic.  Specifically, the FCC indicated that:

As a result of the fluid and challenging situation caused by the novel coronavirus (COVID-19), the Media Bureau hereby extends the filing deadline for the first annual Children’s Television Programming Report (FCC Form 2100, Schedule H) from March 30, 2020 to July 10, 2020.  Additionally, we extend the deadline by which radio and television broadcasters must place their first quarter issues/programs lists into their Online Public Inspection File from April 10, 2020, to July 10, 2020.  As a result, the filing deadline for both the first and second quarter issues/programs lists will be the same.

In making the announcement, the FCC also noted that “this Public Notice does not modify any requirements or filing deadlines related to stations’ political files, nor does it modify any other filing obligations or deadline related to broadcasters’ public files.”

So, barring any further announcements from the FCC, other regulatory deadlines remain in place, including the obligation to file license renewal applications by April 1 for radio stations in Indiana, Kentucky and Tennessee.

With station staffs already stretched thin and many working remotely, the FCC’s announcement will be welcome news.  While the FCC’s announcements in the initial days of the epidemic focused primarily on the telecommunications industry and broadband access, it’s good to see the FCC acknowledge the challenges broadcasters are also facing during this unprecedented time.

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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.

April 1 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 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 April 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.

Continue reading →

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Full power commercial and noncommercial radio stations and LPFM stations, licensed to communities in Michigan and Ohio, and full power TV and Class A TV stations, as well as LPTV stations capable of local origination, licensed to communities in the District of Columbia, Maryland, Virginia, and West Virginia, must begin airing pre-filing license renewal announcements on April 1, 2020.

License renewal applications for these stations, and for in-state FM translator and TV translator/LPTV stations, are due by June 1, 2020.

If a station misses airing any of these required announcements, 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.

Pre-Filing License Renewal Announcements

Full power radio and LPFM stations, and full power TV, Class A TV, and LPTV stations capable of local origination, licensed to communities in the states identified above, must air a total of four pre-filing renewal announcements alerting the public to their upcoming renewal applications beginning two months before their license renewal filing date.  As a result, these stations with June 1 renewal filing deadlines 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 full power radio and LPFM stations, 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.

For full power TV and Class A TV stations, at least two of these four announcements must air between 6:00 pm and 11:00 pm (Eastern/Pacific) or 5:00 pm and 10:00 pm (Central/Mountain).   LPTV stations capable of local origination must broadcast these announcements at the same times or as close to the above schedule as their operating schedule permits.

Stations can find more information on pre- and post-filing announcements, as well as more detail on the FCC’s license renewal cycle, in our most recent radio Advisory on the subject.

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, 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 October 1, 2020.  We must file an application for renewal with the FCC by June 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 September 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.

Post-Filing License Renewal Announcements

Once the license renewal application has been filed, full power radio and LPFM stations, and full power TV, Class A TV, and LPTV stations capable of local origination must broadcast six post-filing renewal announcements.  These announcements must air once per day on June 1, June 16, July 1, July 16, August 1, and August 16, 2020.

For full power radio and LPFM stations, 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.  For commercial stations not operating between either 7:00 am and 9:00 am or 4:00 pm and 6:00 pm, at least three of these announcements must air during the first two hours of operation.

For full power TV and Class A TV stations, at least three of these announcements must air between 6:00 pm and 11:00 pm (Eastern/Pacific) or 5:00 pm and 10:00 pm (Central/Mountain).  At least one announcement must air in each of the following local time periods: between 9:00 am and 1:00 pm, between 1:00 pm and 5:00 pm, and between 5:00 pm and 7:00 pm.  LPTV stations capable of local origination must broadcast these announcements at the same times or as close to the above schedule as their operating schedule permits.

The text of the post-filing announcement is as follows:

Continue reading →

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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 →

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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.

 

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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 →