The Online Public File for television stations is now a reality. While appeals of the imposition of the rules remain pending, both the FCC and the US Court of Appeals denied stays of the August 2 effective date for the new requirements, so full-power and Class A television stations should now be complying with the new obligations to maintain their public files online. The Online Public File is hosted by the FCC, and uses the FCC’s newly created system for uploading, storing and accessing the documents. So far, the system seems to be functioning with a minimum of problems, though one or two glitches have been reported here and there.

Documents that stations file with the FCC are supposed to be uploaded to the Online Public File automatically by the FCC, so individual stations do not need to worry about importing them into the new system. We have heard that this may not have occurred in every instance, so stations should check their files to be sure that the proper uploading has in fact occurred. Other documents will need to be uploaded by the stations themselves, and stations will also be responsible for maintaining and monitoring the file, and deleting documents when their retention is no longer required.

Just what are the requirements for the new online public file? The FCC has put out its own Frequently Asked Questions, available here. There are many other questions that will no doubt arise over time.  We have tried to do our own summary of the obligations as we know them in the answers to common questions that we are getting about the obligations under the new rules.  Those questions and answers are set out below.

Continue Reading Questions and Answers About the TV Online Public Inspection File

FCC Annual Regulatory Fees are due to be submitted to the FCC by 11:59 PM on September 13, 2012, according to a series of public notices issued by the FCC.  The FCC’s Public Notice providing the instructions for broadcaster’s fees is available here. As set forth in that notice, the Commission will no longer be mailing a reminder to broadcasters about these fees, so stations need to remember their obligations on their own.  The FCC’s website, www.fccfees.com , will provide information about the fee filing process and the amounts that stations owe.  The amount of the obligations are based on the class of the station and the population within the station’s coverage area. 

Fees are computed as of October 1, 2011, the start of the FCC’s last fiscal year.  For stations that have in the last year received upgraded their facilities, or built out new construction permits for new stations, the fees are still paid based on the status of the station as of October 1, 2011.  Stations pay fees not only for their main licenses, but also for boosters, translators and auxiliary stations (e.g. STLs).  Parties who have financial hardship or other reasons that they cannot pay the fees can ask for a waiver.  Another public notice sets out the standards for a waiver showing. 

Continue Reading FCC Sets Deadline for Annual Regulatory Fees – September 13, 2012

About 6 years ago, I started the Broadcast Law Blog, with a colleague now at the FCC, while at the law firm of Davis Wright Tremaine LLP.  I want to thank that firm for the support that they gave to me and the Blog, which has allowed its readership to grow to heights that I hardly could have imagined when it was started.  Recently, I made a change in law firms, moving to Wilkinson Barker Knauer LLP.  Davis Wright has been kind enough to allow the Blog to follow me, so this is the first of many posts to come at the new firm.  Look for new articles on legal developments for broadcast and digital media issues from me and my new colleagues at Wilkinson Barker.

All of the old articles that I wrote will continue to be available in the archives on the Blog.  Some of the old articles written by other attorneys at Davis Wright will be removed from the site in the very near future, but in most cases I hope to provide links to articles on related topics in their place.  In the coming weeks, I’ll also be trying to catch up with the many legal developments that took place in the last two months – including questions that have been raised by the effective date of the online public file for television stations, a number of music licensing actions and decisions including a decision on the constitutionality of the Copyright Royalty Board and decisions that could impact various rights and interests of music publishers and music users, a decision by the FCC on noncommercial LMAs, and a number of interesting fines and enforcement actions that have come out of the Commission.

So we thank you for your past readership and support of the Blog, and hope that you will continue to follow us in the future.  And look for information from us in other places as well.  If you haven’t already done so, check out the mobile version of the Blog so that you can read current articles on the go.  Follow me on Twitter for updates on articles on the Blog and other related legal issues, and watch for a Facebook page (coming soon) with many similar posts.  Certainly let us know if you have questions or comments, post them here or contact me directly.  And, if you’re even looking for a lawyer to assist on the issues that we write about, let us know!

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

The U.S. Supreme Court today denied certiorari (i.e. declined review) in two important FCC-related cases pending before it.  First, following the Court’s recent decision in the Fox indecency case, which we described here, the Court not surprisingly refused to review the Third Circuit’s decision vacating the $550,000 FCC fine for the Janet Jackson "wardrobe malfunction" in the 2004 Super Bowl shown on CBS. 

In the Fox case, the Supreme Court found that the FCC had not provided advance notice that it would prosecute cases of "fleeting" indecency.  That decision essentially predetermined that the Supreme Court would deny review of the Super Bowl incident.  While denying cert., however, Chief Justice Roberts issued an unusual separate opinion, noting that fleeting indecent images may have a more lasting impression than indecent words.  Nevertheless, he noted that going forward, braodcasters are on notice that fleeting indecent words and images are both now subject to FCC sanctions.

 

Continue Reading Supreme Court Declines Review of Janet Jackson “Wardrobe Malfunction” and Multiple Ownership Rules