EEO Compliance/Diversity

May is one of the few months on the calendar where there are not routine FCC regulatory deadlines.  Yet there are still a number of important dates and deadlines this month (and early next) that broadcasters should note.  Some of those dates and deadlines are below.

On March 17, the migration of applications and forms from the FCC’s legacy filing portal CDBS to its newer portal LMS will continue. The FCC has announced the transition of many of the forms that had been filed in CDBS, but are now filed by email, to LMS.  Perhaps most significantly, this includes filings for Special Temporary Authority (and extensions to such authority and notices of the resumption of authorized operations.  See the FCC’s Public Notice on the transition for a complete list of the transitioning forms, notes on the procedures to be used for extensions of applications previously filed in CDBS, and other details.

Throughout May, broadcasters in several states should be aware of the opening of political windows tied to June and early July primary elections.  As a refresher, in the forty-five days before a primary election, broadcasters must extend to legally qualified candidates their lowest unit rate and continue to follow all other applicable political broadcasting rules.  So the lowest unit rate period will be in effect at some point this month for stations serving states that have primary elections in June and early July (and is already open for states with May primaries).  For a deeper dive on how to prepare for the political primary election season, see our post, here, which also includes a link to our comprehensive Political Broadcasting Guide.  Take a look at our 2022 Broadcasters’ Calendar to see if your state has an upcoming primary election (though confirm these dates locally as some dates have changed since the calendar was prepared – for instance, just this week, a court ordered the congressional primaries in New York state be postponed from June until August).
Continue Reading May Regulatory Dates for Broadcasters: LMS Migration of FCC Forms, Lowest Unit Rate Windows, EEO Audits, TV Auction, FM Antenna Rulemaking, and More

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • FEMA officials announced at the NAB Show that there will be no national EAS test in 2022. FEMA is planning

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • A list of “ex parte” presentations made to the FCC (disclosures of presentations made to FCC decision makers outside of

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The US House of Representatives, in a bipartisan vote, passed the MORE Act, a bill to decriminalize marijuana at the

Though this April is somewhat lighter than other months on regulatory deadlines for broadcasters, there are still dates to which broadcasters should pay attention.  As noted below, all stations need to pay close attention to the quarterly obligation to post issues/programs lists to your online public file.  Here is more on that date and information on some of the other dates and deadlines in April applicable to broadcasters.

After three years, the radio license renewal filing cycle closes on April 1, with renewal applications due from stations licensed to communities in Delaware and Pennsylvania.  Renewal applications for TV stations licensed to communities in Texas are also due by April 1.  The TV renewal cycle continues through 2023.  Renewal applications must be accompanied by FCC Form 2100, Schedule 396 Broadcast EEO Program Report (except for LPFMs and TV translators).  Stations filing for renewal of their license should make sure that all documents required to be uploaded to the station’s online public file are complete and were uploaded on time.  Note that your Broadcast EEO Program Report must include two years of annual EEO public file reports for FCC review, unless your employment unit employs fewer than five full-time employees.  Be sure to read the instructions for the license renewal application (radioTV) and consult with your advisors if you have questions, especially if you have noticed any discrepancies in your online public file or political file.
Continue Reading April Regulatory Dates for Broadcasters: TV and Radio Renewals, Quarterly Issues, New Foreign Government Sponsorship ID Rules, Revised Radio Technical Rules, EEO Audits and Filings, and More

Here are some of the regulatory developments of significance to broadcasters from the last week, and two important deadlines in the week ahead, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC Enforcement Bureau this week announced its latest round of random

The FCC yesterday released another of its regular EEO audit notices (available here), this time targeting over 250 radio and TV stations.  Those stations, and the station employment units (commonly owned stations serving the same area) with which they are associated, must provide to the FCC (by posting the information in their online public inspection file) their last two year’s EEO Annual Public File reports, as well as backing data to show that the station in fact did everything that was required under the FCC rules.

Audited stations must provide copies of notices sent to employment outreach sources about each full-time vacancy at the stations as well as documentation of the supplemental efforts that all station employment units with 5 or more full-time employees are required to perform (whether or not they had job openings in any year). These non-vacancy specific outreach efforts are designed to educate the community about broadcast employment positions and to train employees for more senior roles in broadcasting. Stations must also provide, in response to the audit, information about how they self-assessed the performance of their EEO program. Stations that are listed in the audit notice have until May 5, 2022 to upload this information to their online public file.
Continue Reading FCC Releases First EEO Audit of 2022 – Notices Sent to Over 250 Radio and TV Stations

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC’s Enforcement Bureau issued a Notice of Apparent Liability proposing a $20,000 fine on an iHeart radio station for

In the last week, the FCC issued proposed fines to two big radio companies for alleged violations of FCC requirements. One proposed fine was for apparent violations of the FCC’s EEO rules, and the other dealt with the obligations of broadcasters to disclose and follow rules for on-air contests.  In both cases, the proposed fines focused on paperwork issues, not necessarily substantive issues.  These decisions seem to signal to the broadcast industry generally that they need to dot every “I” and cross every “T” to avoid penalties like those proposed in these cases.

The EEO Notice of Apparent Liability, issued unanimously by all four FCC Commissioners, proposed a $32,000 fine on Cumulus Media because of one Annual EEO Public File Report that was uploaded to the online public file of co-owned stations in a Georgia market about 9 months after the due date for uploading the report (and the link to that report on each stations’ website was also missing for that period).  In addition, the FCC said that another fine for failing to self-assess the station’s EEO program was warranted. Broadcasters are required to regularly assess the effectiveness of their EEO program.  But what was that failure to assess?  The evidence relied on in issuing this fine was that the public file report had not been uploaded for over 9 months so, if the licensee had been regularly assessing its program, it would have noted that the required report had not made it to the online public file.  The decision did not cite any failure by the licensee to recruit widely when it had open positions, nor any failure of the group to conduct the required EEO non-vacancy specific outreach (described in our posts here and here).  The alleged violations cited in the decision were simply tied to the failure to upload the required documents.  While the base fines for these violations totaled less than $10,000, the proposed fine was increased because Cumulus previously had been found to have had FCC rule violations for EEO and sponsorship identification matters.
Continue Reading Two Proposed FCC Fines Suggest Tougher Enforcement – $32,000 for EEO Paperwork Issues and $20,000 for Alleged Contest Rule Violations

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC proposed a $32,000 fine to a subsidiary of Cumulus Media for EEO and public file violations by a