Noncommercial Broadcasting

Subscribe to Noncommercial Broadcasting via RSS

The FCC released the agenda for its April 20th meeting – and it includes three broadcast items.  Two deal with noncommercial broadcasters (undoing the requirement for noncommercial broadcasters to get Social Security Numbers from its board members so that they can acquire an FCC Registration Number for them – see our articles here and here on that issue – and one allowing noncommercial broadcasters to interrupt programming to raise funds for unrelated non-profit organizations).   The third deals with the UHF discount (see our summary of this proposal here).  The third-party fundraising issue has been pending at the FCC for almost 5 years, when the FCC proposed to relax its policy that prohibits noncommercial broadcasters from interrupting normal programming to raise funds for “third-party” nonprofit groups (see our article here on the proposal).  A noncommercial station can raise funds for nonprofit groups during normal program breaks in PSAs or other similar brief announcements, but under current policy, they cannot conduct a telethon or radiothon to raise funds for the Red Cross, a local charity, a religious organization or even for the football team or orchestra at a college or university that owns a noncommercial broadcast station.

The FCC yesterday released its proposed order that would change the current policy.  It would allow a noncommercial station to raise funds for another non-profit entity, but only for 1% of its airtime – about 87 hours a year.  However, this relaxation would be limited to noncommercial stations that do not receive CPB funding, as many PBS and NPR stations opposed the change fearing that they would be deluged by requests for funding from local nonprofits (including, for university licensees, from their licensees themselves for non-station related financial needs).  It was feared that such campaigns could undermine the noncommercial service provided by these stations, and could interfere with the station’s own fundraising.
Continue Reading FCC Proposes to Adopt Rules Allowing Fundraising for Third-Party Nonprofit Organizations By Non-CPB Noncommercial Stations

April has many important dates for broadcasters – both radio and TV.  This includes both regular regulatory obligations and dates unique to this April for both radio and TV – including the release of the FCC’s Closing Notice for the TV incentive auction and the effective date for the new rules liberalizing the location of FM translators used to rebroadcast AM stations.

The regular dates include the requirement for commercial and noncommercial full-power and Class A Television Stations and AM and FM Radio Stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas that they, by April 1, add to their public file (and upload to their websites for stations that have not yet converted to the FCC’s online public file) their Annual EEO Public File Report if the station is part of an Employment Unit with 5 or more full-time employees.  For Radio Stations in Texas which are part of an employment unit with 11 or more full-time employees; and for Television Employment Units with five or more full-time employees in Indiana, Kentucky, and Tennessee, by April 3 (as April 1 is on the weekend), these stations must file with the FCC their EEO Mid-Term Reports (see our summary of this requirement here).  The Mid-Term Report includes the last two EEO public file reports for these stations and other information about the station’s EEO program. 
Continue Reading April Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction Closing Notice, AM Translator Site Relocation Relaxation Effective Date

A new President and a new Chair of the FCC have already demonstrated that change is in the air in Washington. Already we’ve seen Chairman Pai lead the FCC to abolish the requirement that broadcasters maintain letters from the public about station operations in their public file (which will take effect once the Paperwork Reduction Act analysis is finalized), revoke the Media Bureau guidance that had limited Shared Services Agreements in connection with the sales of television stations, and rescind for further consideration FCC decisions about the reporting of those with attributable interests in noncommercial broadcast stations and the admonitions given to TV stations for violations of the obligation for reporting the issues discussed in, and sponsors of, political ads (see our article here). Also on the table for consideration next week are orders that have already been released for public review on expanding the use of FM translators for AM stations and proposing rules for the roll-out of the new ATSC 3.0 standard for television. Plus, the television incentive auction moves toward its conclusion in the repacking of the television spectrum to clear space for new wireless users. Plenty of action in just over 3 weeks.

But there are many other broadcast issues that are unresolved to one degree or another – and potentially new issues ready to be discussed by the FCC this year. We usually dust off the crystal ball and make predictions about the legal issues that will impact the business of broadcasters earlier in the year, but we have waited this year to get a taste for the changes in store from the new administration. So we’ll try to look at the issues that are on the table in Washington that could affect broadcasters, and make some general assessments on the likelihood that they will be addressed this year. While we try to look ahead to identify the issues that are on the agenda of the FCC, there are always surprises as the regulators come up with issues that we did not anticipate. With this being the first year of a new administration that promises a different approach to regulation generally, what lies ahead is particularly hard to predict.
Continue Reading What’s Up for Broadcasters in Washington Under the New Administration – A Look Ahead at TV and Radio FCC Issues for the Rest of 2017

With the change in administration at the FCC, there are opportunities for certain actions to be taken very quickly, without going through the full process of a rulemaking requiring public notice of the proposed rule change and time for public comment.  At the end of this last week, we saw the FCC’s Media Bureau take actions in three different proceedings directly applicable to broadcasters to undo what had been done during the prior administration – rescinding actions with respect to noncommercial ownership reports, the disclosure of information about the sponsor of political advertisements, and on the treatment of TV assignment and transfer applications for television stations where shared service agreements are involved.  Below, we’ll give a few details about each of those actions.

Two of the rescinded actions were January rulings by the Media Bureau which, at the time they were issued, drew statements of concern from then-Commissioners Pai and O’Rielly.  The Republican Commissioners argued that the actions should have been taken by the full Commission, not the Media Bureau.  As these decisions were not final (appeals can be taken or reconsideration requests can be filed within 30 days of an action, and the full Commission, on its own, can set aside a staff action within 40 days), the Media Bureau, presumably at the urging of the new Chairman, set these actions aside for further consideration by the full Commission.Continue Reading Undoing the Past – New FCC Rescinds Rulings on Noncommercial Ownership Reports, Political Broadcasting Sponsorship Disclosure and Shared Services Agreements

This week, the appointment of Commissioner Ajit Pai as Chairman of the FCC became official.  Since his appointment on Monday, he has released a list of acting bureau chiefs at the FCC (here), including naming Michelle Carey, a long-time FCC employee, as Acting Chief of the Media Bureau upon the departure of Bill…

A bill was introduced in Congress this week (see press release here) proposing to roll back the FCC’s requirement that noncommercial broadcasters, in connection with the Biennial Ownership Reports that are due by December 1 of this year, get an FCC Registration Number for every person who has an attributable interest in a noncommercial…

The FCC’s Media Bureau yesterday issued an order denying reconsideration of the full Commission decision from last year, synchronizing the Biennial Ownership Report filing requirement for noncommercial broadcasters with that of commercial broadcasters, and requiring that all individuals who have attributable interests in these stations obtain an FCC Registration Number (an “FRN”)(see our summary of the FCC order from last year here). Yesterday’s decision triggered a rapid objection from the Commission’s Republican Commissioners, promising to review this decision after the Inauguration when Republicans will likely control the FCC. What is the controversy?

Obtaining an FRN requires supplying the FCC with an individual’s Social Security Number (“SSN”). Last year’s order also provided that stations could obtain a “Restricted Use FRN” for attributable interest holders who did not want to provide their SSN to the FCC, but such individuals would still have to provide at least the last 4 digits of their SSN, along with other specifically identifiable information including their residence address and date of birth. While none of this information is public (it is merely stored in FCC databases that issue the FRN), many noncommercial licensees objected to the requirements, believing that members of their governing boards, who are considered attributable owners for FCC purposes, may be very reluctant to provide that information to stations or the FCC. They pointed particularly to situations like university or other stations operated by educational institutions, where board members volunteer not because they are interested in broadcasting, but instead because they hope to influence the educational objectives of the university. The fear is that having to provide this information could discourage people from serving on these governing boards of educational and similar institutions. In some cases, noncommercial station board members have no real choice about their service – the position is required by virtue of public posts such as university president or school superintendent. See our summary here of those objections.
Continue Reading FCC Denies Reconsideration of Noncommercial Broadcasting Ownership Report Requirements – But Signs that New Commission May See Things Differently

In the last year, noncommercial broadcast stations, both radio and TV, have been filing their Biennial Ownership Reports on FCC Form 323-E every other year, on the anniversary date of the filing of their license renewal applications.  This meant that, every other month noncommercial stations in a few states had to submit those reports, with the radio stations in a state submitting them one year and the TV stations in that state the next (as the renewal terms for radio and TV are off by one year, so are the even anniversary dates of the renewal filings).  Last year, as we wrote here, the FCC decided that all noncommercial stations, both radio and TV, would file their Biennial Ownership Reports on December 1 of every odd-numbered year – at the same time as commercial radio stations file their Biennial Ownership Reports.  But, until this week, the FCC had not suspended the requirement that the noncommercial stations continue to file on the anniversary date of the due date for their renewal application, as the new rule mandating the uniform December 1 filing had not yet become effective.  The FCC on Tuesday issued a Public Notice suspending the anniversary date filings in 2017 – but all noncommercial broadcasters still will need to file a report next year – by the uniform December 1 filing deadline.

The new rule has not become fully effective because it is being appealed by certain noncommercial groups worried about the new information required for the Biennial Reports, requiring all officers and directors (or their equivalents) to get FCC Registration Numbers (FRNs), which requires that they either submit to the FCC their Social Security Numbers or, in the alternative, certain specific personal information that uniquely identifies those people.  See our post here for more details on the required information.  Even though this information is submitted confidentially to the FCC merely for purposes of obtaining the FRN, there is the fear that some of these attributable owners will be reluctant to provide that information to the FCC.  This is especially true for universities and other government-owned broadcast stations, where the attributable owners are the governing board of the school or other institution.  These members who need to be reported to the FCC are often important people in a state or community, who signed up to be on the board of the school or other institution, not specifically to be connected to a radio or TV station.  In many cases, the broadcast station may be a very insignificant part of their responsibilities.  To avoid annoying these board members, the appeal of that information collection requirement has been filed. 
Continue Reading FCC Suspends Rolling Noncommercial Biennial Ownership Report Deadlines – But All Noncommercial Stations to File Form 323-E by December 1, 2017

While we are into the holiday season, that does not stop the routine regulatory obligations for broadcasters. December 1 brings a host of routine obligations for stations in many states. EEO public file reports must be added to the public files of Commercial and Noncommercial Full-Power and Class A Television Stations and AM and FM Radio Stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont that are part of an Employment Unit with 5 or more full-time employees. Of course, for TV stations and radio stations that have already converted to the online public file, that will mean uploading those reports to the FCC-hosted public file. For all stations, a link needs to be included on the main page of your station website, if your station has a website, which leads to these reports. Mid-Term EEO Reports on FCC Form 397 must be filed with the FCC by December 1 by radio employment units with 11 or more full-time employees in Colorado, Minnesota, Montana, North Dakota, and South Dakota and television employment units with five or more full-time employees in Alabama and Georgia. For more on these Mid-Term Reports, see our article here.  

A year from now, on December 1, 2017, all broadcast stations are expected to be required to file Biennial Ownership Reports, including noncommercial stations which now have those reports due on the anniversary date of the filing of their license renewal applications. See our article here on the new obligation that will be effective next year, though appeals of that requirement from some noncommercial groups are pending (see our article here). But, until that rule is effective, non-commercial stations need to continue to file on their renewal anniversary dates. Thus, on December 1 of this year, Noncommercial Television Stations in Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont and Noncommercial AM and FM Radio Stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota have the obligation to submit their Biennial Ownership Reports to the FCC.
Continue Reading December Regulatory Dates for Broadcasters – EEO Reports, Ownership and Ancillary Revenue Reports, Ownership Review and Incentive Auction Updates

Another month has started – and it is one with regulatory dates for broadcasters. All broadcasters, commercial and noncommercial, have an obligation to complete their Quarterly Issues Programs lists and place them into their public inspection filed by October 10. For TV stations and large-market commercial radio, that means that these lists need to be in the online public file by that date (see our article here about the online public file for radio). For TV stations, the 10th also brings the obligation to submit Quarterly Children’s Television Reports on Form 398 to the FCC (as the 10th falls on a Federal holiday, you may be able to file on the 11th, but consult your legal advisor for details on that deadline).

For stations in Alaska, Florida, Hawaii, Iowa, Missouri, Oregon, Washington, American Samoa, Guam, the Mariana Islands, Puerto Rico, Saipan, and the Virgin Islands that are part of employment units with 5 or more full-time employees (30 hours a week or more), EEO public inspection file reports should have been included in their public inspection file by October 1. For Radio Station Employment Units with 11 or more full-time employees in Iowa and Missouri and Television Employment Units with five or more full-time employees in Florida, Puerto Rico, and the Virgin Islands, Mid-Term EEO Reports on FCC Form 397 should also have been filed at the FCC by October 1. See our article here on the obligation to submit Mid-Term EEO Reports.
Continue Reading October Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, EEO Obligations, Noncommercial Biennial Ownership Reports, and Incentive Auction Comment Deadlines