Low Power Television/Class A TV

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  • The FCC issued a Public Notice extending the deadlines for all filings in the FCC’s LMS or online public file
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The FCC yesterday issued a Public Notice, extending the deadlines for all filings that were due to be made next week in the FCC’s LMS or online public file systems.  The new deadline is February 28, 2023.  While we don’t usually post articles on this blog on Saturday, given that there may be broadcasters around the country hunched over their computers trying to make FCC filings due next week, we thought that we would make an exception today and send this alert.

This extension gives more time to broadcasters to upload many applications and reports that are due to be filed next week.  This includes license renewals that were due to be filed by February 1 by television stations, LPTV stations, TV translators, and Class A stations in New York and New Jersey.  For all commercial TV stations in the country, the Annual Children’s Programming Reports which were due January 30 are now due by February 28.  Quarterly Issues Programs lists for all broadcast stations, which originally were due to be uploaded to station public files by January 10 and then by January 31 per a prior FCC extension, must now be uploaded by February 28.  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 were due to be uploaded to the online public file by February 1 – and that deadline too will be extended to February 28.  The Public Notice is broad, saying any public file document due to be upload or any FCC application to be filed through LMS are extended until February 28.  If you have any FCC deadline coming up, check with your attorney to see if it is covered by this extension.  Remember that this applies only to applications and reports to be filed through the FCC’s LMS and online public file systems. 

Continue Reading FCC Extends End of January Deadlines for LMS and Online Public File Documents Due to Filing System Technical Issues 

Late last year, the FCC announced that it would be opening the EAS Test Reporting System (ETRS) for the filing of ETRS Form One by February 28, 2023.  This week, the FCC issued a Public Notice announcing that that system has in fact been opened, and telling broadcasters that they can now file the required information.  As made clear in the Public Notice, virtually all broadcasters need to file.  This includes LPTV (with minor exceptions) and LPFM stations.  Class D FM stations, exempt from some other FCC regulations, and silent stations also need to file.  Only FM boosters and translators, and other broadcast stations (including LPTVs) that rebroadcast 100% of the programming of a “hub station” where that hub station provides a common studio or control point for all stations, do not need to file this report as long as the “hub station” files the form.  So the requirement is very inclusive. 

ETRS Form One 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.  If nothing has changed from prior Form One filings, the Public Notice says that the system provides a way to populate the form with all the information from prior filings so that it does not need to be manually re-entered (although anecdotally we have heard that even minor changes, such as a call sign change, may be problematic).  This is the first of three forms filed in connection with Nationwide EAS tests, testing the ability of the EAS system to distribute a Presidential emergency alert to the entire country.  Form Two reports on the day of the test as to whether the alert was received by a station, while Form Three is submitted after the test to provide information as to what happened during the test.

Continue Reading FCC Announces that Broadcasters Must File EAS Test Reporting System Form One By February 28, 2023 – Almost All Broadcasters Must File
  • The FCC, as required by the Communications Act, released a Public Notice announcing the start of the 2022 Quadrennial
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The new year brings a series of regulatory deadlines in January and a February 1 license renewal deadline that broadcasters should take note of.  As in 2022, the FCC will remain vigilant in making sure that its deadlines are met, so the following items should not be overlooked or left until the last minute.

The…

As we wrote in our weekly update on regulatory issues of importance to broadcasters, the FCC released an Order last week announcing an upcoming increase in application fees to be paid on any “feeable” application.  For broadcasters, that includes applications for technical changes in facilities, applications for assignments or transfers of control of broadcast companies…

In our summary of this week’s regulatory actions of importance to broadcasters, we noted that the FCC sent an email to broadcasters last week warning them of a cybersecurity flaw in the DASDEC EAS encoder/decoder device sold by Digital Alert Systems (formerly Monroe Electronics), using software prior to version 4.1. The email states that the Cybersecurity and Infrastructure Security Agency (CISA) issued an advisory expressing concern that there is a vulnerability in the code used by the system that can be used by remote attackers.  The CISA advisory provides the technical details of the vulnerability.

The fear is that this security flaw can allow bad actors to access not only to the EAS system but, if that system is connected to other station computer networks, to other station information and systems as well.  Securing the EAS system has been a priority of the FCC, with a pending rulemaking proposal (about which we wrote here) that would require stations to adopt cybersecurity plans to secure these systems and report yearly to the FCC about those plans (and report breaches when the station learns of such breaches or when they should have learned about the breach).  The FCC already requires that false EAS alerts be reported to the FCC within 24 hours (see our article here) – but the new proposal would require FCC notice even if no false alert occurred.  With the FCC contemplating the imposition of these obligations on broadcasters, and (of paramount priority) the risks that station operations can be compromised by any cyberbreach, stations need to be extra-vigilant in their cybersecurity considerations.  Thus, any stations that use the identified encoder/decoder must be sure that they have taken the proper actions to secure their stations.
Continue Reading FCC Warns Broadcasters of Specific Cybersecurity Flaw in One EAS Provider’s Equipment – Why Broadcasters Need to Pay Attention

Even with the holidays upon us, regulation never stops.  There are numerous regulatory dates in December to which broadcasters need to pay heed to avoid having the FCC play Grinch for missing some important deadline.

December 1 is the deadline for license renewal applications for television stations (full power, Class A, LPTV and TV translators) licensed to communities in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.  Renewal applications must be accompanied by FCC Form 2100, Schedule 396 Broadcast EEO Program Report (except for 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 and consult with your advisors if you have questions, especially if you have noticed any discrepancies in your online public file or political file.  Issues with the public file have already led to fines imposed on TV broadcasters during this renewal cycle.

December 1 is also the deadline by which radio and television station employment units with five or more full-time employees licensed to communities in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont must upload Annual EEO Public File Reports to station online public inspection files (also, the FCC has issued an extension that permits stations in Florida that suffered the effects of Hurricane Ian to upload their Annual EEO Public File Reports by December 12).  This annual EEO 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 a station’s website, if it has a website.
Continue Reading December Regulatory Dates for Broadcasters – License Renewals, EEO Reports, Rulemaking Comments on Foreign Government Programming and EAS, and More