Every two years, broadcasters are to file Biennial Ownership Reports on Form 323 to detail the ownership of the companies that hold FCC licenses. Since 2009, all commercial broadcasters across the country are to file such reports in the same window of time. Theoretically, these reports are supposed to be filed between October 1 and November 1 of odd numbered years, yet since the adoption of the uniform date, the November 1 deadline has never held. This year, too, the deadline has been moved (as we wrote here) to December 2. The window for filing such reports is now open, according to an FCC Public Notice released on Friday. As the reports are supposed to detail a company’s ownership report as of October 1, at this point companies should know what that ownership is, so that they can begin the process of completing the forms and getting them on file.
Noncommercial broadcasters are still on a system where they file their biennial reports on the anniversary dates of their license renewals, so the December 2 deadline does not apply to them (except for stations in those few states where December just happens to be the anniversary of their renewal filings, e.g. noncommercial radio stations in New England). However, as we wrote here when the rules for new Biennial Ownership Reports were adopted, the FCC is considering bringing all noncommercial broadcasters into the same system as their commercial brethren. The report forms used by commercial broadcasters for their biennial reports is more complicated than the normal ownership report form, requiring all individuals who have attributable interests in a licensee to get their own FCC Registration Number (or an “FRN” as it is commonly known), which in turn normally requires that the individuals provide a Social Security Number (or Taxpayer ID Number for entities that have interests in licensees). Having to provide that information has been a controversial requirement, with the FCC offering a work around for owners who refuse to provide that information (a work-around that the FCC has proposed to eliminate, a proposal that has not yet been adopted). Why the need for this FRN for every individual?