Several years ago, the FCC mandated that broadcasters utilize not only the traditional over-the-air “daisy-chain” broadcast EAS alerting system where emergency alerts are passed from one station to another but also utilize an Internet-based Common Alerting Protocol (“CAP”) system where warnings can be sent directly to stations (see, for example, our articles here and

September is one of those unusual months, where there are no regular filing dates for EEO public inspection file reports, quarterly issues programs lists or children’s television reports.  With the unusual start to the month with Labor Day being so late, and the lack of routine deadlines, we didn’t get our usual monthly highlights of upcoming regulatory dates posted as the month began.  While we didn’t do it early, we actually have not missed the many regulatory deadlines and important dates about which broadcasters need to take note this month.

Several are of particular importance for virtually all broadcasters.  As we wrote here and here, Annual Regulatory Fees for all commercial broadcasters are due by September 27.  Any commercial broadcaster that cumulatively owes more than $500 must file its fees by that date – and the fee filing system is already open.  Note that most noncommercial entities are excused from fee filings.
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Last month, I did a seminar at the College Media Association about the FCC legal issues that college broadcasters need to think about – talking about required FCC filings, pubic file obligations, underwriting issues, and programming that can get the broadcaster into trouble. Slides from that presentation, which present only an outline of the more detailed discussion that we had during the session, are available here.

I mentioned during the session that the FCC decided two years ago that they would be somewhat lenient with student-run radio stations who are first-time violators of certain FCC rules. In a case that we wrote about here, the FCC said that the fines that are imposed on commercial broadcasters for rule violations like the failure to include quarterly issues programs lists in the public inspection file (fines which can exceed $10,000 when numerous such lists are missing from the public file), would be greatly reduced – to something on the order of $1000 – for student-run stations that are facing their first violation, and provided that the fine dealt principally with paperwork matters and was not one that affected public health or safety. In a decision released by the FCC last week, the limits of that leniency were made clear.
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With very limited exceptions, all broadcast stations are required to participate in Emergency Alert System, and to transmit any alerts that they may receive during their hours of operation. The FCC has just proposed to issue an $8000 fine to a station that allegedly had a working EAS receiver  (unlike some of the stations we have

There has been much focus on emergency communications recently, with the East Coast earthquake re-igniting the debate over FM-enabled mobile phones, and with Hurricane Irene forcing stations to gear up for emergency coverage in the coming days.  But even without these unusual events, the emergency communications world has been much in the news, given the current requirement for broadcast stations to be ready for the new Common Alerting Protocol ("CAP"), an Internet-based alerting system, by the end of September, and with the first-ever test of the National EAS system scheduled for November.  The CAP conversion date has recently been the subject of debate in a number of FCC filings – and there seems like a good chance that the September 30 deadline will be delayed – if for no other reason than the fact that the FCC has yet to adopt final rules for the equipment required for such compliance.  The National Test, however, should go on as scheduled.  More on all of these subjects below.

First, the coming hurricane should prompt stations to be ready for potential emergency operations.  The FCC in the past has publicized its Disaster Information Reporting System (DIRS).  Stations can voluntarily register with DIRS to give the FCC a contact person to assess damage after the storm, and to notify the FCC of the need for any aide that the Commission might be able to provide.  During the aftermath of Hurricane Katrina, I was personally involved in discussions with FCC personnel who coordinated with other government agencies to get clearance for diesel tanker trucks to gain access to restricted area to deliver fuel to a client’s radio station that was still operational (on generator power) providing emergency information to Mississippi’s Gulf Coast. The FCC personnel can be of great assistance in such situations, so DIRS registrations may be worth considering.  The FCC’s website also provides helpful information about planning for disaster recovery  and about hurricanes specifically.  FCC emergency contact information is also on their site.


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At the urging of virtually the entire broadcast and cable industry, as well as the communications engineering community, the FCC today granted an extension of time for broadcasters and other EAS participants to come into compliance with the new CAP reception requirements – putting off the need for compliance until September 30, 2011.  CAP (the Common Alerting