station employment unit

While the FCC in April made broadcaster’s compliance with the FCC’s EEO rules easier by allowing the wide dissemination of information about job openings through online sources (see our article here), there still remain significant obligations under those rules (see our article here). The FCC made that clear on Friday, releasing a Public Notice announcing its second EEO audit letter of 2017 for about 80 radio broadcasters, all west of the Mississippi. The FCC’s public notice announcing the commencement of the audit includes the audit letter that was sent to all of the targeted stations.  The list of about 80 radio stations subject to the audit is here. Responses are due July 27, 2017. As employment information for all stations within a named station’s “employment unit” must be provided in response to the audit, the reach of this notice goes beyond the 80 stations named in the audit notices.

The FCC reminds stations that were targeted by the audit to put a copy of the audit letter in their public file. The response, too, must go into the file. For all the TV stations hit by the audit letter, and those radio stations that have already converted to the online public file, that will mean that the audit letter and response go into that FCC-hosted online public file.
Continue Reading Almost 80 Radio Stations Hit With New FCC EEO Audit Letter

In the swirl of news about the deregulatory efforts of the new FCC, one could almost forget that there are still many regulations in place that require significant amounts of paperwork retention by broadcasters. That point was hammered home yesterday, when the FCC released its first EEO audit letter of 2017 for radio and TV broadcasters. The FCC’s public notice announcing the commencement of the audit includes the audit letter that was sent to all of the targeted stations.  The list of over 200 radio stations subject to the audit is here. The list of almost 80 TV stations is here. Responses are due March 28, 2017. As employment information for all stations within a named station’s “employment unit” must be provided in response to the audit, the reach of this notice goes far beyond the 300 stations targeted in the audit notices. While the FCC is considering a proposal to allow online recruiting sources to suffice to meet a broadcaster’s wide dissemination requirements (as we wrote here), that proposal is still at an early stage and, as this audit notice evidences, the underlying rules remain in place.

The FCC reminds stations that were targeted by the audit to put a copy of the audit letter in their public file. The response, too, must go into the file. For all the TV stations hit by the audit letter, and those radio stations that have already converted to the online public file, that will mean that the audit letter and response go into that FCC-hosted online public file.

The Commission has pledged to randomly audit 5% of all broadcast stations and cable systems each year to assure their compliance with the Commission’s EEO rules – including the requirements for wide dissemination of information about job openings and non-vacancy specific supplemental efforts to educate a station’s community about job opportunities in the media industry.  We recently summarized FCC EEO issues here, reminding broadcasters of the possibility of being audited.  The FCC also has the opportunity to audit larger broadcasters’ EEO performance when they file their FCC EEO Mid-Term Report. We also wrote about the start of the obligations for the filing of FCC Form 397 EEO Mid-Term Reports – which started the year before last for radio groups with more than 11 full-time employees and last year for TV licensees with 5 or more full-time employees in a few months, and are filed on the 4th anniversary of the filing deadline for the station’s license renewal – which will give the FCC another chance to review station EEO performance.  
Continue Reading FCC Releases First EEO Audit for 2017 – Over 200 Radio and Almost 80 TV Stations Named in the Audit Notice

The FCC today released its most recent EEO audit letter for broadcasters – and it is a relatively brief list – just one page with 58 radio stations listed (compare this with the last audit that targeted about 280 radio and TV stations, see our article here).  The FCC’s public notice includes the audit letter that was sent to all of the targeted stations.  Responses are due July 28, 2016. The FCC reminds stations that were targeted by the audit to put a copy of the audit letter in their public file. The response, too, must go into the file. While there are very few Top 50 market stations on the list, those that are listed will need to right away upload the response in their online public file if they file after June 24, the effective date of the online public file for new documents filed by Top 50 market commercial stations that are part of an employment unit with 5 or more full-time employees (see this article for more information on the online public file for radio).

The Commission has pledged to audit 5% of all broadcast stations and cable systems each year to assure their compliance with the Commission’s EEO rules – including the requirements for wide dissemination of information about job openings and non-vacancy specific supplemental efforts to educate a station’s community about job opportunities in the media industry.  We recently summarized FCC EEO issues here, reminding broadcasters of the possibility of being audited.  We also wrote about the start of the obligations for the filing of FCC Form 397 EEO Mid-Term Reports – which started last year for radio groups with more than 11 full-time employees and will extend to TV licensees with 5 or more full-time employees in a few months, and are filed on the 4th anniversary of the filing deadline for the station’s license renewal – which will give the FCC another chance to review station EEO performance.  
Continue Reading FCC EEO Audit List Released – 58 Radio Stations on the List

The FCC today issued a Public Notice announcing its first EEO audit for 2016.  Letters to about 280 radio and television stations went out on February 24 asking for evidence of their compliance with the FCC’s EEO rules.  In today’s notice, the FCC released the form audit letter and list of stations that will be audited. Responses from the audited stations are due to be filed at the FCC by April 11. Licensees should carefully review this list of affected stations which was released with the Public Notice to see if any of their stations have been selected for the audit.

The Commission has pledged to audit 5% of all broadcast stations and cable systems each year to assure their compliance with the Commission’s EEO rules – including the requirements for wide dissemination of information about job openings and non-vacancy specific supplemental efforts to educate a station’s community about job opportunities in the media industry.  We recently summarized FCC EEO issues here, reminding broadcasters of the possibility of being audited.  We also wrote about the start of the obligations for the filing of FCC Form 397 EEO Mid-Term Reports – which started last year for radio groups with more than 11 full-time employees and will extend to TV licensees with 5 or more full-time employees in a few months, and are filed on the 4th anniversary of the filing deadline for the station’s license renewal – which will give the FCC another chance to review station EEO performance.  
Continue Reading FCC Announces First Round of 2016 EEO Audits for Radio and TV Stations

EEO Mid-Term Reports on FCC Form 397 must be filed at the mid-point of the renewal cycle of radio stations if they are part of a station employment unit with more than 10 full-time employees, or 5 or more full-time employees for TV. A station employment unit is one or more commonly-controlled stations serving substantially the same area, and sharing at least one employee. As it has been 4 years since the first radio renewal applications were filed in the last license renewal cycle, June 1 brings the deadline for radio groups in Maryland, DC, Virginia and West Virginia that have more than 11 or more full-time (30 hours per week) employees to file their Form 397 Reports. The FCC yesterday issued a reminder to stations about this obligation.

The reminder does not address in any detail the content of the form. Essentially, the Form 397 (which can be viewed here) is like the Form 396 filed by stations in connection with their license renewal applications. After providing identifying information, the form requires that station licensees identify a person who is responsible for EEO compliance at the station, and to attach their last two EEO Public Inspection File Reports – the most recent of which will, for stations in these states, need to be placed in the public inspection file by June 1. These Public Inspection File reports can be reviewed by the FCC to assess the hiring efforts made by the broadcaster for job openings in the last two years to insure that the station’s outreach efforts to prospective new employees were sufficiently broad to attract applicants from all significant groups within the station’s service area. We wrote about the basics of the FCC’s EEO policies for broadcasters here.
Continue Reading FCC Issues Reminder on Form 397 EEO Mid-Term Reports – Filing Obligations Begin on June 1 for Radio Stations in DC, Maryland, Virginia and West Virginia

May is one of those months where there are no routine, recurring FCC regulatory filing deadlines – no EEO reports or Quarterly Issues Programs lists, no Children’s Television Programming Reports or noncommercial station ownership report deadlines. But, as with any month, that does not mean that there are no dates of concern for broadcasters – as there are certain compliance deadlines and other important dates of which broadcasters need to be aware in the upcoming month. Here is our summary of some of the dates that broadcasters should be watching in the upcoming month.

The only thing approaching a routine regulatory date of note is the obligation of TV stations in Delaware and Pennsylvania to air the third and fourth of their required six post-filing announcements of the filing of their renewal applications – the last of the renewal applications for either radio or TV that were filed in this renewal cycle. The next routine license renewal filing window will be when radio renewals being again in June of 2019 – with the filing of radio license renewals by stations in Maryland, Virginia, West Virginia and DC. However, as we have written before, EEO Mid-Term reports are due from larger radio station groups in these 3 states and in DC on June 1 of this year. So radio station employment units (commonly controlled station groups serving the same area and having at least one common employee) with 11 or more full-time (30 hours per week) employees should be preparing to file those reports on FCC Form 397 by June 1.
Continue Reading May Regulatory Dates for Broadcasters – Including EEO Mid-Term Reports, FM Auction, Emergency Communications Compliance, TV Market Modification Comments, Class A TV Digital Conversion Deadline and More

The FCC yesterday issued a Public Notice announcing the first set of EEO audits for 2015.  Letters to over 250 radio and TV stations went out asking for evidence of their compliance with the FCC’s EEO rules.  The Commission has pledged to audit 5% of all broadcast stations and cable systems each year to assure their compliance with the Commission’s EEO rules – requiring wide dissemination of information about job openings and non-vacancy specific supplemental efforts to educate their communities about job opportunities in the media industry. We recently summarized the FCC EEO issues here, reminding broadcasters of the possibility of being audited, and of the upcoming deadlines for the filing of FCC Form 397 EEO Mid-Term Reports, which will give the FCC another chance to review station EEO performance.  In yesterday’s notice, the FCC released the form audit letter and list of stations that will be audited. Responses from the audited stations are due to be filed at the FCC by March 24. Licensees should carefully review the list of affected stations contained in the Public Notice to see if any of their stations have been selected for the audit. 

The audit letter requires all stations with 5 or more full-time (30 or more hours per week) employees to provide a significant amount of information about their EEO programs and recruiting efforts (including copies of their 2 latest Annual EEO public file reports and documentation backing up the efforts listed on those reports).  Even stations with fewer than 5 full-time employees need to report the names and positions of their employees, and provide any information about law suits, EEOC complaints or similar employment actions brought as a result of equal employment or discrimination matters. 
Continue Reading FCC Announces EEO Audit of Over 250 Radio and TV Stations

February 1 is the deadline by which broadcast stations in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma must place into their Public Inspection files their Annual EEO Public Inspection File Report.  The report must also be available on these stations’ websites, if they have such sites.  The Annual EEO Public Inspection File Report