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March 2010
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Delaware, Indiana, Kentucky, Pennsylvania, Tennessee and Texas, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.

Introduction
April 1, 2010 is the deadline for broadcast stations licensed to communities in the States/Territories referenced above to place their Annual EEO Public File Report in their public inspection files and post the report on their website, if they have one. In addition, certain of these stations, as detailed below, must electronically file their EEO Mid-term Report on FCC Form 397 by April 1, 2010.

Under the FCC’s EEO rule, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal employment opportunity to all qualified persons and practice nondiscrimination in employment.

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March 17, 2010
Pillsbury invites you to join a conference call on Wednesday, March 24 at 2 p.m. to discuss the broadcast spectrum changes proposed in the National Broadband Plan.

The National Broadband Plan (“NBP”) proposes immediate and sweeping steps that, if adopted, could displace many television broadcasters from their existing spectrum. Specifically, FCC staff proposes a “voluntary” surrender by some television broadcasters of their spectrum as well as repacking of the spectrum to minimize the portion dedicated to television broadcasting. An expected flood of FCC proceedings and possible surprises still to play out are likely to keep television broadcasters playing catch-up. The growth of both broadband and broadcasting are not necessarily incompatible goals if the proper mechanisms are put in place. However, the current version of the NBP places the broadcast industry in a defensive position by assuming that broadband can only grow by displacing television broadcasters.

To register and receive the conference telephone number and password, please contact Liliam Aguila. Capacity is limited. Article continues — the full article can be found at National Broadband Plan Proposes Significant Challenges for Television Broadcasters.

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March 2010
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by April 10, 2010, reflecting information for the months of January, February and March, 2010.

Content of the Quarterly List
The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station. The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station’s overall programming.

To demonstrate a station’s compliance with this public interest obligation, the FCC requires a station to maintain, and place in the public inspection file, a Quarterly List reflecting the “station’s most significant programming treatment of community issues during the preceding three month period.” By its use of the term “most significant,” the FCC has noted that stations are not required to list all responsive programming, but only that programming which provided the most significant treatment of the issues identified.

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March 2010
The FCC has suspended indefinitely the deadline for commercial radio and television stations to file their Biennial Ownership Reports. However, the deadlines for filing Biennial Ownership Reports by noncommercial educational radio and television stations remain in effect, tied to their respective anniversary renewal filing deadlines.

Noncommercial educational radio stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania and Tennessee, and noncommercial educational television stations licensed to communities in Texas, must file their Biennial Ownership Reports by April 1, 2010.

Last year, the FCC issued a Further Notice of Proposed Rulemaking seeking comments on, among other things, whether the Commission should adopt a single national filing deadline for all noncommercial educational radio and television broadcast stations like the one that the FCC has established for all commercial radio and television stations. That proceeding remains pending without decision. As a result, noncommercial educational radio and television stations continue to be required to file their biennial ownership reports every two years by the anniversary date of the station’s license renewal filing.

A PDF version of this article can be found at Biennial Ownership Reports Are Due by April 1, 2010 for Noncommercial Educational Radio Stations in Delaware, Indiana, Kentucky, Pennsylvania and Tennessee, and for Noncommercial Educational Television Stations in Texas.

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The 2010 NAB Show in Las Vegas is fast approaching! Your Pillsbury attorneys, including Dick Zaragoza, Cliff Harrington, Scott Flick, Miles Mason, Laurie Lynch Flick, Paul Cicelski and Christine Reilly will be at this annual event, which takes place in just one month, from April 10th to the 15th. We look forward to meeting and talking with our clients and friends at the show. We will be staying at The Bellagio (702-693-7111), and if you plan to attend the NAB Show and would like to see us, please contact Julia Colish in our office. Ms. Colish can be reached via e-mail (julia.colish@pillsburylaw.com) or by telephone at (202) 663-8261.

We look forward to seeing you at the NAB Show.

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The Federal Communications Commission recently proposed revisions to its rules as part of its stated goal to “reform and transform the agency into a model of excellence in government.” As part of its goal, the FCC has released a Second Notice of Proposed Rulemaking (“NPRM”) proposing to modify its ex parte communications rules, which govern the disclosure of communications with the commissioners and FCC staff when all parties to a proceeding are not present.

The NPRM’s proposed rule changes include the following:

  • requiring that a summary of every oral ex parte presentation be filed with the FCC, as opposed to just those presentations involving new information or arguments;
  • requiring that the filing summarize all data and arguments presented;
  • establishing a preference for electronic filing of notices of ex parte presentations; and
  • requiring faster electronic filing (within four hours) of notices of permitted ex parte presentations made during the “Sunshine Period” (the period, which typically begins a week before a public FCC meeting, during which outside communications are limited regarding items on the meeting agenda).

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Video Programming Distributors Must Notify FCC by March 22, 2010 of Certain Contact Information and Begin Compliance with Telephone Directory Listing Requirements.

Earlier this week, we advised you of a recent Commission action which could affect video programming distributors’ obligations under closed captioning complaint rules that the Commission adopted in November 2008 but which had not yet become effective. As we predicted, those Commission actions were a prelude to the rules becoming effective, which occurred with their publication today in the Federal Register. Accordingly, effective today, February 19, 2010, new timeframes governing when a video programming distributor must respond to a complaint regarding closed captioning are in effect. In addition, video programming distributors must now comply with the provisions requiring them to provide contact information for addressing closed captioning complaints to the FCC and the public.

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In response to a petition for clarification filed by DISH Network, L.L.C. (“DISH”), the FCC has issued a “limited waiver” of its requirement that video programming distributors, including television stations, publish two types of information in local telephone directories–contact information for the receipt and handling of immediate closed captioning concerns, and contact information for the receipt and handling of written closed captioning complaints.

The FCC acknowledged that its telephone directory requirement would essentially force a video programming distributor operating on a nationwide basis (like DISH) to contract with local telephone directory publishers nationwide. However, the FCC did not limit the waiver to DISH or those engaged in national program distribution. As a result, local or regional entities, including local broadcast stations, may be eligible to benefit from this waiver as well, thereby avoiding the additional costs of extensive local telephone directory listings. To take advantage of this limited waiver, however, you must not currently have “contracted for” an advertisement or other paid listing in the telephone directory.

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Comments are due by March 1, 2010 and Reply Comments are due March 30, 2010 to the FCC’s proceeding to implement national emergency alert testing at least once a year and to collect station data from such tests.

In a Second Further Notice of Proposed Rulemaking (“NPRM”) concerning updating of the nation’s Emergency Alert System (“EAS”) to meet modern security concerns, the FCC proposes to require testing of the EAS on a nationwide basis. To date, the EAS has never been used to deliver a national EAS alert. While Part 11 of the FCC’s rules requires periodic testing of state and local EAS alerts by all radio and television EAS participants, no national test of the EAS has ever been conducted, and the current rules do not require such testing. As a result, it is not known whether the system would in fact function as required should the President issue a national alert. Accordingly, the FCC proposes to require EAS participants to take part in national EAS testing, as well as continue a modified schedule of the weekly and monthly EAS already in effect.

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The FCC has released an Order amending its digital audio broadcasting (“DAB”) rules for FM stations operating digital facilities. According to the Order, the underlying purpose for the change is to “improve FM digital coverage and to eliminate regulatory impediments to FM radio’s ability to meet its full potential and deliver its promised benefits.”

The Order authorized most FM stations using an in-band on-channel (“IBOC”) DAB system to increase their digital effective radiated power (“ERP”) by 6 dB without prior FCC approval. The FCC concluded that, due to potential interference issues, super-power FM stations (those having authorized ERPs above the maximum level for their station class) are subject to different digital ERP limitations and may not increase their digital ERP without FCC approval. Under the new rules, the maximum digital ERP for super-power FM stations will be the higher of the “currently permitted -20 dBc level or 10 dB below the maximum analog power that would be authorized for the class of the super-powered FM station adjusted for the station’s antenna height above average terrain.”

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