FCC Provides Stations Affected by Hurricanes Helene and Milton More Time to Upload Third Quarter Issues/Programs Lists

Following the devastation wrought by Hurricane Helene across the American southeast and in anticipation of Hurricane Milton’s arrival, the FCC has announced an extension of the deadline to upload Third Quarter Issues/Programs Lists for radio and television stations in states particularly affected by Hurricane Helene (note that the Public Notice mistakenly refers to them as “first quarter” Lists) .  As discussed in our Third Quarter Issues/Programs List advisory, the Lists are due for most stations by October 10, 2024.  However, in light of the Commission’s announcement today, broadcast stations in Florida, Georgia, North Carolina, South Carolina and Tennessee now have until November 10, 2024 to upload these lists (the Public Notice actually says the October 10, 2020 deadline is extended to November 10, 2020, but the FCC’s intent is clear).

Because of Hurricane Helene, the FCC previously extended the deadline for broadcast stations nationwide (as well as all other EAS Participants) to file their Form One  in the EAS Test Reporting System.  The Form One, previously due on October 4, 2024, is now due on October 18, 2024.

In granting the latest extension only to stations in hurricane-impacted states, the FCC still encouraged those stations “to file their quarterly issues/programs lists as soon as practicable.”  The FCC also made clear that the extension “does not modify any requirements or filing deadlines related to stations’ political files, nor does it modify any other filing obligations or deadline related to broadcasters’ public files.”

Lastly, some practical advice—stations taking advantage of the Third Quarter Issues/Programs List extension should note in their upload file that they are filing after the normal deadline pursuant to an extension granted by the FCC.  When a station’s license comes up for renewal several years from now, and the licensee must certify that the Public File has been complete at all times, station employees may have forgotten why this particular filing appears to have been uploaded late.  It will be important for the station to have a contemporaneous note in the Public File explaining that the filing was not late, both to remind the licensee making its license renewal certification and to alert third parties and any FCC staff later reviewing the Public File that the List was in fact timely uploaded.