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October is, on paper, another busy month of regulatory deadlines for broadcasters.  But there is again the looming possibility of a federal government shutdown beginning October 1 if Congress fails to fund the government for the coming year (or pass a “continuing resolution” to allow government agencies to function at their current levels).  While as of today there are reports of a plan to extend funding through December, until a continuing resolution is passed, the threat remains.  If a shutdown does occur, the FCC, the FTC, and the Copyright Office may have to pause their operations which may result in some of the regulatory deadlines discussed below being delayed.  However, in some cases agencies have leftover funding to keep them functioning for a few extra days.  Stay tuned to see if any of the dates below have to be rescheduled. [Update – 9/26/2024, 9:00 AM – a continuing resolution extending government funding through December 20 was passed late yesterday by both the House and the Senate averting, for now, the shutdown about which we were concerned. Thus, the deadlines listed below are in effect as scheduled]

Assuming this recurring issue is resolved, let’s look at some of the October dates and deadlines, starting with the routine dates of importance to broadcasters. October 1 is the deadline for radio and television station employment units in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Missouri, Northern Mariana Islands, Oregon, Puerto Rico, the U.S. Virgin Islands, and Washington with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ Online Public Inspection Files.  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having at least one common employee.  For employment units with five or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year.  A link to the uploaded report must also be included on the home page of each station’s website, if the station has a website.  Be timely getting these reports into your station’s OPIF, as even a single late report can lead to FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).

Continue Reading October 2024 Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists, Annual EEO Public File Reports, ETRS Form One, Comment Deadlines, and More

With a number of upcoming regulatory deadlines approaching, including regulatory fees that will likely be announced in the next two weeks with a payment deadline before October 1, we thought that this would be a good time to remind broadcasters of EAS filing obligation that they may have missed as there has not been the widespread publicity that comes with the announcement of a Nationwide EAS test.  While there is apparently no plan to conduct a Nationwide Test this year, broadcasters still must file their EAS Test Reporting System (ETRS) Form One by October 4, 2024.  Filing instructions were provided in the Public Notice issued by the FCC earlier this month (see also our articles here, here and here about past deadlines for filing of the form).  All EAS Participants with limited exceptions are required to register and file in ETRS – including Low Power FM stations (LPFM), Class D non-commercial educational FM stations, and stations that are silent pursuant to a grant of Special Temporary Authority.  The only broadcast exemptions are LPTV stations that operate as television broadcast translator stations, FM broadcast booster stations and FM translator stations that entirely rebroadcast the programming of other local FM broadcast stations, and analog and digital broadcast stations that operate as satellites or repeaters of a “hub” station (or common studio or control point if there is no hub station) and rebroadcast 100 percent of the programming of the hub station (the hub station itself of course having an obligation to file the form). 

This form provides basic information about EAS participants to the FCC. The form requests contact persons at a station, the model of EAS equipment used, and monitoring assignments under the legacy EAS system. In effect, it registers all EAS users in the ETRS system so that they can file reports (using ETRS Forms Two and Three) about the performance of Nationwide EAS tests that are periodically conducted.  For prior filers, much of the information can be pre-filled from prior Form One submissions.  While there is no Nationwide Test scheduled, the FCC still requires this information to track EAS performance of all EAS participants, and the rules require that the form be submitted each year.  We have previously expressed concern about the FCC taking enforcement actions against broadcasters who don’t submit this required form.  So, we are reminding you to file – and carefully read the Public Notice and the form to make sure that all necessary information is properly uploaded by the October 4 deadline.

November is a month where there are no regularly scheduled regulatory deadlines.  But the big question for broadcasters may be whether the FCC will continue to function throughout the month. The last-minute continuing resolution passed by Congress on September 30 extended federal government funding through November 17 – which again raises the possibility of a federal government shutdown beginning in late November if Congress does not approve new funding measures for Fiscal Year 2024 by that date.  As we discussed in our previous article regarding October Regulatory Dates for Broadcasters, if a government shutdown does occur, the FCC and other government agencies may have to cease all but critical functions if they do not have any residual funds to continue operations.  In late September, the FCC announced that it had sufficient leftover funds to keep operating for about two weeks after a shutdown.  We do not know if those funds are still available, so we need to be watching to see what happens between now and November 17.

Assuming that there is no shutdown, there are a number of other dates that broadcasters should be watching.  All broadcasters need to remember that November 20 is the deadline to file their ETRS Form Three to provide more detailed information regarding their stations’ performance during the October 4 Nationwide EAS Test.  See our article here regarding this year’s EAS test and broadcasters’ reporting obligations.  This deadline is important for many reasons – not just to avoid potential penalties for missing the filing deadline, but also to demonstrate broadcasters’ commitment to the emergency communications system as broadcasters’ role in that system is the principal reason for Congress to be presently considering the bill to require AM radio in every car.  See our article here for more on the importance of accurate reporting. 

Continue Reading November Regulatory Dates for Broadcasters – EAS ETRS Form 3, 12.5 GHz Registrations, C-Band Transition Comment Deadline, a Possible Government Shutdown, and More

On the anniversary of September 11, it seems appropriate to highlight the upcoming October 4 Nationwide Test of the EAS system.  While EAS was not activated during the September 11 emergency, the events of that date have provided much impetus for federal emergency authorities to strengthen the EAS system.  Part of that effort has been the regular testing of the Nationwide EAS alert system.  As we wrote in August, the Federal Emergency Management Agency (FEMA) has scheduled a nationwide EAS test for October 4, 2023, at approximately 2:20 pm EDT, using the Internet-based Integrated Public Alert and Warning System (IPAWS) (with a back-up date of October 11 if necessary).  In a Public Notice released in August, the FCC set out steps that broadcasters should take to prepare for that test.

Just last week, the FCC’s  Public Safety and Homeland Security Bureau released a further Public Notice to remind Emergency Alert System participants of their obligation to ensure that EAS alerts are accessible to persons with disabilities.  For TV stations, to be visually accessible, the EAS text must be displayed as follows:

  • At the top of the television screen or where it will not interfere with other visual messages (e.g., closed captioning),
  • In a manner (i.e., font size, color, contrast, location, and speed) that is readily readable and understandable (see below),
  • Without overlapping lines or extending beyond the viewable display (except for video crawls that intentionally scroll on and off the screen),
  • In full at least once during any EAS message. Text should scroll at a speed that allows viewers to read the crawl as if they were going to read it aloud, and
  • The background and text colors should sufficiently contrast to allow for readability. For example, a bright green background with white text may not provide sufficient contrast. Green and red should also be avoided as viewers who are color blind have difficulty seeing these colors.

In addition, the audio portion of an EAS message must be played in full at least once to ensure it is accessible to viewers who are blind or have low vision and should be spoken at a pace that allows for a listener to understand the content. 

Continue Reading Reminder: September 15 Deadline for Updating ETRS Form One in Preparation for Nationwide EAS Test, and an FCC Notice on the Accessibility of EAS Messages

With a number of upcoming regulatory deadlines approaching, we thought that this would be a good time to remind broadcasters of regulatory obligations that they may have, with the passage of time, forgotten.  One of those obligations is the requirement to file EAS Test Reporting System (ETRS) Form One by February 28, 2023 – next Tuesday.  Filing instructions are provided in the Public Notice issued by the FCC earlier this year (see also our articles here and here).  All EAS Participants – including Low Power FM stations (LPFM), Class D non-commercial educational FM stations, and EAS Participants that are silent pursuant to a grant of Special Temporary Authority – are required to register and file in ETRS, with the following exceptions:  Analog and digital low power television (LPTV) stations that operate as television broadcast translator stations, FM broadcast booster stations and FM translator stations that entirely rebroadcast the programming of other local FM broadcast stations, and analog and digital broadcast stations that operate as satellites or repeaters of a hub station (or common studio or control point if there is no hub station) and rebroadcast 100 percent of the programming of the hub station (or common studio or control point).  This form provides basic information about EAS participants to the FCC. The form requests basic information about contact persons at a station, the model of EAS equipment used, and monitoring assignments under the legacy EAS system. In effect, it registers all EAS users in the ETRS system so that they can file reports on (using ETRS Forms Two and Three) about the performance of Nationwide EAS tests that are periodically conducted.  We are expecting a Nationwide Test in 2023.  While the FCC has not in the past fined stations who failed to file these reports, there are indications that the filing requirement may be taken much more seriously this year.  So, remember to file – and carefully read the Public Notice and the form to make sure that all necessary information is properly uploaded.

On the subject of EAS, the FCC recently released a new 2023 version of the EAS Operating Handbook. A copy of the Handbook must be located at normal duty positions of station operators or at the location of EAS equipment where it can be immediately available to staff responsible for authenticating messages and initiating actions. The handbook provides duty operators information about what to do when EAS alerts (tests or real activations of the system) are received by the station.  The new handbook updates the old handbook in a limited fashion, but it also provides stations an opportunity to update their own practices as the Handbook requires that the broadcaster provide information in spaces provided in the Handbook as to the broadcaster’s specific equipment and procedures at their stations.  Stations should download this Handbook and make sure that it is available as required. 

Continue Reading Regulatory Bits and Pieces – ETRS Form One and Delayed Public File Uploads Due by February 28, Updated EAS Handbook Required for All Stations

There are normally a host of regulatory obligations at the beginning of February, but because of technical issues with the FCC’s online public file and LMS systems, many February 1 dates, as well as some January regulatory deadlines, have been extended to late February.

Due to technical problems that affected FCC filings throughout the month of January, the FCC last week issued a Public Notice extending the deadlines for all filings in the FCC’s LMS or online public file systems that were due in late January and early February.  The new deadline for these filings is February 28, 2023.  This new deadline applies to TV license renewal applications (including the associated Equal Employment Opportunity Report (Form 2100, Schedule 396)) for television stations, LPTV stations, TV translators and Class A stations in New York and New Jersey (which had been due February 1); Annual Children’s Programming Reports (which had been due on January 30); and EEO Public File Reports for broadcast employment units with 5 or more full-time employees in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma (reports that normally would have had to have been uploaded to a station’s public file by February 1).  Quarterly Issues Programs lists for all broadcast stations had been due to be uploaded to the public file by January 10, but that date was initially extended until January 31, and the deadline has now been further extended to February 28 by last week’s Public Notice. Note that the Public Notice is broad, stating that any public file document due to be uploaded or any FCC application to be filed through LMS must be filed by February 28.  Notwithstanding the extension, licensees should not wait until the last minute to upload documents, as the intermittent problems that have plagued the systems could persist for some time and make meeting even the extended deadline problematic, especially if you wait for the last minute to try to file.  For more details about the extension and about other technical issues with the FCC’s filing systems, see the article we recently published on this subject. 

February 28 is the deadline by which EAS participants must file their EAS Test Reporting System (ETRS) Form One.  Filing instructions are provided in the Public Notice issued by the FCC earlier this month (see also our articles here and here).  All EAS Participants – including Low Power FM stations (LPFM), Class D non-commercial educational FM stations, and EAS Participants that are silent pursuant to a grant of Special Temporary Authority – are required to register and file in ETRS, with the following exceptions:  Analog and digital low power television (LPTV) stations that operate as television broadcast translator stations, FM broadcast booster stations and FM translator stations that entirely rebroadcast the programming of other local FM broadcast stations, and analog and digital broadcast stations that operate as satellites or repeaters of a hub station (or common studio or control point if there is no hub station) and rebroadcast 100 percent of the programming of the hub station (or common studio or control point) are not required to register and file in ETRS.  Carefully read the Public Notice and the form to make sure that all necessary information is properly uploaded.

Continue Reading February Regulatory Dates for Broadcasters – Renewal Applications, EEO Reports, Quarterly Issues Programs Lists, Children’s Programming Reports, Copyright Fees for Webcasters, ETRS Form One, and More

Last week, the FCC issued a Public Notice announcing an August 11, 2021 nationwide EAS test, with a backup date of August 25 if there are conditions that prevent the test from occurring on the initial date.  The test is scheduled for 2:20 PM EDT.  For broadcasters, this test will be conducted using the over-the-air “daisy-chain” system, where primary stations in various geographic areas initiate the test, and the message is passed from station to station based on monitoring assignments set out in each station’s statewide EAS plan.  Stations should be checking their EAS encoders and decoders now to be sure that all is working properly to transmit and receive this test.

The Public Notice reminds broadcasters to check all their EAS operations at their facilities before the upcoming test.  Specifically, the FCC suggests that each station should be doing the following:

  • Reviewing the EAS Operating Handbook for the actions to be taken by operators upon receipt of the test alert, and tailoring any actions as necessary that are specific to the EAS Participants’ facilities;
  • Reviewing their State EAS Plan for monitoring assignments and ensuring that EAS equipment is accurately configured to monitor those sources;
  • Ensuring that EAS equipment can receive and process the NPT code, the “six zeroes” national location code, and otherwise operate in compliance with the Commission rules;
  • Upgrading EAS equipment software and firmware to the most recent version;
  • Manually synchronizing EAS equipment clocks to the official time provided by the National Institute of Standards and Technology if an EAS Participant’s equipment does not automatically synchronize to an Internet time source; and
  • Reviewing their 2021 ETRS Form One filings to identify and make necessary updates to the information previously provided (see below for more information on ETRS).

The Notice also sets July 6, 2021 as the deadline for all stations to complete their “2021 ETRS Form One” setting out information about each station’s EAS decoders, encoders or combined units. ETRS is the system that reports on the results of the EAS tests. Test results will need to be filed on Form Two in ETRS on August 11 or 12, with more detailed information about the results of the test to be submitted in a Form Three by September 27, 2021. The FCC provides information as to accessing the ETRS system and suggests that stations start looking at Form One now to make sure that they can access the system and verify that the information is complete and accurate by the July 6 deadline. This public notice makes clear that now is the time for all stations to review their EAS equipment, and the ETRS Forms, to get ready for the nationwide test.

Last week, the FCC issued Public Notice reminding all broadcasters and other EAS participants of the obligation to file their ETRS Form Three report by September 23. That form provides details about a station’s participation in the August 7 Nationwide EAS Test (see our article here about the test and the required ETRS filings) – including from where the station received the EAS alert (assuming that it did receive the alert) and any complications or issues that may have arisen in connection with the Nationwide test. With the anniversary of 9/11 only days away, this reminder from the FCC should be taken seriously as the Commission looks for ways to make their EAS system more reliable and robust in the event of emergencies that necessitate its use in the future.

 

The FCC on Monday released a Public Notice announcing that its next test of the Emergency Alert System (EAS) is scheduled for August 7 with a back-up date of August 21 (back-up dates being provided in the event that there are severe weather situations or other emergencies in early August which could increase the potential for public confusion on the originally scheduled date). This test will, unlike the last test we wrote about here, rely solely on the broadcast-based daisy chain where the test is initiated on certain broadcast primary stations, then rebroadcast by stations that monitor those primary stations, who then pass on the test to other stations that monitor these secondary stations and so on down the line to all the EAS participants. This test will not use the Internet-based IPAWS system used in other recent tests.

Thus, in the run-up to the August test, broadcasters should be sure that their EAS receivers are in working order and are tuned to receive the correct stations that they should be monitoring in order to receive alerts. Check your state EAS plan to make sure you know what stations you are to monitor. Make sure that you have been receiving and logging (in your station log) weekly and monthly tests as required by the FCC rules. If you have not been receiving these tests, that likely indicates problems either with your receivers or with the stations that you are monitoring – so find out the reasons for missing tests now and take any corrective actions (as you are required to by the rules). Check out all of your other EAS equipment to make sure that everything is working properly and prepare for the other paperwork obligations that arise because of the upcoming test. Continue Reading Next EAS Test Scheduled for August 7 – Updated ETRS Forms Due July 3

A Nationwide test of both the wireless and broadcast-based EAS was scheduled for tomorrow, September 20 (see our article here). It has now been postponed until October 3 presumably due to the continuing issues following Hurricane Florence (see notices from the FCC here and from FEMA here). In addition to the postponement of the test, the FCC announced the dates for the filing of the reports that are due after the test. EAS Participants shall file the “day of test” information sought by ETRS Form Two at or before 11:59 PM EDT on October 3. EAS Participants shall file the more detailed post-test data sought by ETRS Form Three on or before November 19. Note the changes and be ready to participate in the rescheduled test and to file the post-test reports.