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Even after yesterday’s deadline for filing ETRS Form Three in connection with the nationwide test of the Emergency Alert System back in October, there are two more deadlines coming next week that broadcasters should bear in mind.  As you prepare to celebrate the Thanksgiving holiday, don’t forget these FCC deadlines.  Most broadcasters have received plenty of notice about the December 1 deadline for Biennial Ownership Reports.  The FCC has been pushing for stations to fill these out completely and accurately by the deadline (see this reminder issued by the FCC just yesterday), as the Commission uses these reports to get a snapshot of who owns and controls what broadcast stations.  The reports also provide information about ownership diversity as they request information about the gender, race, and ethnicity of attributable owners.  The reports are required for all full-power stations (both commercial and noncommercial stations are covered) and for LPTV stations.  For more about the biennial ownership report filing requirement and the importance that the FCC puts on these reports, see our 2021 article here.

A deadline that has not received as much publicity is the November 29 deadline for users of the “13 GHz” spectrum to certify to the FCC that their systems are being used where licensed, or to file applications to modify the systems to accurately reflect their current use.  The spectrum, which includes operations from 12.7 to 13.25 GHz, is used by some broadcasters for Electronic News Gathering and for Studio Transmitter Links.  There may be other broadcast auxiliary uses beyond ENG and STLs that are also conducted in this band, so check your operations to see if a filing is required.Continue Reading Reminder: Deadlines Next Week for Biennial Ownership Reports and Filings to Preserve and Protect Broadcast Auxiliary Operations in the 12.7-13.25 GHz (13 GHz) Band

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

Here are some of the regulatory developments of significance to broadcasters from the past 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 the first of its Equal Employment Opportunity (EEO) audit letters for 2023 to randomly selected
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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

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

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

  • The FCC issued a Forfeiture Order imposing a penalty of $518,283 against Gray Television, Inc., for violating the FCC’s prohibition

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