3/18/2011
Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in the states listed above must begin airing pre-filing license renewal announcements on April 1, 2011. License renewal applications for these stations, and for in-state FM Translator stations, are due by June 1, 2011.
Pre-filing License Renewal Announcements
Full power commercial and noncommercial radio, LPFM, and FM Translator stations whose communities of license are located in the District of Columbia, Maryland, Virginia, or West Virginia must file their license renewal applications with the FCC by June 1, 2011.
Beginning two months prior to that filing, however, full power commercial and noncommercial radio and LPFM stations must air four pre-filing announcements alerting the public to the upcoming renewal application filing. As a result, these radio stations must air the first pre-filing renewal announcement on Friday, April 1, 2011. The remaining pre-filing announcements must air once a day on April 16, May 1, and May 16, for a total of four announcements. At least two of these four announcements must air between 7:00 a.m. and 9:00 a.m. and/or 4:00 p.m. and 6:00 p.m.
The text of the pre-filing announcement is as follows:
On [date of last renewal grant], [call letters] was granted a license by the Federal Communications Commission to serve the public interest as a public trustee until October 1, 2011. [Stations that have not received a renewal grant since the filing of their previous renewal application should modify the foregoing to read: “(Call letters) is licensed by the Federal Communications Commission to serve the public interest as a public trustee.”]
Our license will expire on October 1, 2011. We must file an application for renewal with the FCC by June 1, 2011. When filed, a copy of this application will be available for public inspection during our regular business hours. It contains information concerning this station’s performance during the last eight years [or other period of time covered by the application, if the station’s license term was not a standard eight-year license term].Individuals who wish to advise the FCC of facts relating to our renewal application and to whether this station has operated in the public interest should file comments and petitions with the Commission by September 1, 2011.
Further information concerning the FCC’s broadcast license renewal process is available at [address of location of station’s public inspection file] or may be obtained from the FCC, Washington, DC 20554.
If a station misses airing an announcement, it should broadcast a make-up announcement as soon as possible and contact us to further address the situation. Special rules apply to noncommercial educational stations that do not normally operate during any month when their announcements would otherwise be due to air, as well as to other silent stations. These stations should also contact us regarding how to give the required public notice.
Post-filing License Renewal Announcements
Once the license renewal application has been filed, full power commercial and noncommercial radio and LPFM stations must broadcast six post-filing renewal announcements. These announcements must air, once per day, on June 1, June 16, July 1, July 16, August 1, and August 16, 2011. At least three of these announcements must air between 7:00 a.m. and 9:00 a.m. and/or 4:00 p.m. and 6:00 p.m. At least one announcement must air in each of the following time periods: between 9:00 a.m. and noon, between noon and 4:00 p.m., and between 7:00 p.m. and midnight.
The text of the announcement is as follows:
On [date of last renewal grant], [call letters] was granted a license by the Federal Communications Commission to serve the public interest as a public trustee until October 1, 2011.
Our license will expire on October 1, 2011. We have filed an application for renewal with the FCC.
A copy of this application is available for public inspection during our regular business hours. It contains information concerning this station’s performance during the last eight years [or such other period of time covered by application, if the station’s license term was other than a standard eight-year term].
Individuals who wish to advise the FCC of facts relating to our renewal application and to whether this station has operated in the public interest should file comments and petitions with the Commission by September 1, 2011.
Further information concerning the FCC’s broadcast license renewal process is available at [address of location of station’s public inspection file] or may be obtained from the FCC, Washington, DC 20554.
Public Inspection File Certification of Compliance
Within seven days of the broadcast of the last post-filing announcement, that is, by August 23, 2011, renewal applicants must certify that the public notice has been given and place a copy of that certification in their public file. A form of a Statement of Compliance is included in the pdf version of this Client Advisory, which can be found here.
Newspaper Public Notice Requirement for FM Translator Stations
While FM translator stations must file their license renewal applications at the same time as full power stations licensed to communities in the same state, they are not required to broadcast pre-filing or post-filing announcements. Instead, upon filing a renewal application for an FM translator, the licensee must publish a public notice of the filing at least once in a daily, weekly or biweekly newspaper published or having circulation in the community served by the translator. If there is no such newspaper, the licensee must determine an appropriate means of providing the required notice to the general public, such as posting it in the local post office or other public place.
The notice must contain the name of the applicant, the community served by the translator, the translator’s transmitter site, the station’s output channel and power, a statement that the station engages in or intends to engage in rebroadcasting of another station, including the call letters, location and channel of operation of the station(s) rebroadcast, the date the application was filed and a statement advising that the application is for renewal of license and inviting comment from individuals who wish to advise the FCC of facts relating to the renewal application and to whether the station has operated in the public interest. After completion of publication of the notice, an FM translator licensee should complete and execute a Certificate of Compliance regarding that publication. A form of such a Certificate is included in the pdf version of this Client Advisory, which can be found here. While FM translator licensees are not required to keep a public inspection file, they are required to maintain a station records file available to an FCC representative which contains their current authorization and copies of all FCC filings and correspondence with the Commission. The completed Statement of Compliance should be included in the station records file.
For more information on the FCC’s license renewal process and public notice requirements, as well as practical advice for timely filing an FCC-acceptable license renewal application, please contact any of the attorneys in Pillsbury’s Communications Practice Section.