July 2012

On Friday, the US Court of Appeals for the DC Circuit followed the FCC’s lead in denying the NAB’s request for stay of the requirement for TV stations to post their public inspection files online.  Accordingly, that rule goes into effect on Thursday, August 2, 2012.

Effective that date, TV stations should post all new public file documents online in the FCC database created for this purpose.  Stations will have six months in which to post pre-existing public file documents into that database. The online posting requirement applies to TV stations only…not to radio stations or cable systems.

Posting of the political public file will not be required until July 1, 2014, except for the top four network affiliated stations (ABC, NBC, CBS, Fox) in the top 50 markets.  No station will be required to post political file documents created prior to August 2, 2012.Continue Reading It’s Official: Online Posting of TV Public File Required Beginning August 2nd; FCC Schedules More Demos of System

The FCC has once again proposed a $10,000 fine against a college radio station missing quarterly issues/program lists in the public inpsection file.  This time, the culprit is Rollins College, a small liberal arts college in Florida with 1700 students. 

We know that $10,000 is the "base forfeiture" for failure to maintain a complete public inspection file, and this is not the first time the FCC has proposed this fine for a college radio station.  But we have questioned before whether a $10,000 fine is appropriate for this type of violation and the amount seems even more egregious when it is levied against a small noncommercial educational college radio station.  It is the same fine that would be levied against a major commercial television network station located in New York City for the same violation.

Yes, rules are rules and they should be followed by all FCC licensed broadcast stations.  But as Dave Seyler notes in a thoughtful piece written for Radio Business Report, it may not be in the best interests of the federal government to "siphon money out of our educational system."  In this case, as in other similar cases, the college received no warning following an FCC inspection…just the fine. Continue Reading Does $10,000 Fine Make Sense for Small College Radio Station Missing Public File Documents?

The FCC has released its Report and Order showing the annual regulatory fees due for the 2012 fiscal year. Although the due date has not yet been announced, it will likely be in September. The fees are intended to recover the Commission’s cost of operations, reported to be nearly $340 million. 

Fees must be paid by all commercial FCC licensees and permittees as of October 1, 2011 (the first day of the 2012 fiscal year).  In the event of an assignment or transfer of control after that date, fees are to be paid by the current permittees and licensees as of the payment due date in September.  Noncommercial stations and all nonprofit entities are exempt from paying regulatory fees.

Although a summary of fees is shown below, each licensee or permittee will have to check the FCC website to determine the exact amount of fees owed, since the FCC will not be mailing out any notices of fees due.  Fees paid even one day late will be subject to a 25% penalty plus administrative processing charges, so timely payment is critical.  Unlike the IRS which uses the mailing date to determine timeliness, the FCC requires regulatory fees to be received by the due date to avoid late payment penalties.  Licensees or permittees that fail to pay their regulatory fees in full will not be able to get FCC action on any subsequently filed applications pursuant to the Commission’s "red light" policy until all fees and penalties are paid.

Licensees and permittees will be able to pay by wire, credit card, check, money order or debit card, although all payers will need a an FCC Registration Number (FRN) and completed "Fee Filer Form" 159-E prior to filing.Continue Reading FCC Announces Regulatory Fees Due for FY 2012

The FCC has announced that the obligation for television broadcast stations to post their public inspection files online will become effective August 2, 2012, absent a stay requested by the National Association of Broadcasters (NAB), which has appealed the rule to the US Court of Appeals for the DC Circuit.

Absent a stay, the rule requires full power and Class A television stations to post any NEW public file documents online at an FCC-hosted website as of August 2nd.  Those broadcasters will have six months or until February 2, 2013 to post PRE-EXISTING public file documents online. 

The political public file, which is the subject of the NAB appeal, will be treated a bit differently.  NEW political public file documents must be posted effective August 2 by only the top four network affiliated stations (ABC, CBS, NBC and Fox) in the top 50 markets. There is no requirement to post pre-existing political file documents online.

All other TV stations (i.e. non-network affiliated stations in the top 50 markets and ALL TV stations outside of the top 50 markets), do not have to post political public file documents online until July 1, 2014.Continue Reading Online Public File Requirement for TV Broadcasters Effective August 2, 2012