Articles Posted in Low Power & Class A Television

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The FCC today released an Order waiving, at least for this year, the requirement that full power, Class A and low power television stations file what has traditionally been known as a Form 317 report by December 1.  More formally known as the DTV Ancillary/Supplementary Services Report, and due each December 1 for the past two decades, the reports are now actually filed on Form 2100, Schedule G rather than on the discontinued Form 317 (small wonder that everyone still refers to it as the Form 317 report).

The purpose of the report is to inform the FCC if a TV station has used its spectrum to provide non-broadcast services during the past year, and if so, to submit a payment to the government equivalent to 5% of the gross revenues derived from that service.  Ancillary or supplementary services are all services provided on any portion of a DTV station’s digital spectrum that is not necessary to provide the single free over-the-air program stream required by the FCC.  Any video broadcast service that is provided with no direct charge to viewers is exempt.  According to the FCC, examples of services that are considered ancillary or supplementary include “computer software distribution, data transmissions, teletext, interactive materials, aural messages, paging services, audio signals, subscription video, and the like.”  If the station charges a fee for such a service, it must pay the government 5% of the gross revenues derived from that service when it files its report.

The FCC first adopted the requirement in 1999 as a result of a directive contained in the Telecommunications Act of 1996.  Since then, the rule has required digital full power commercial and noncommercial TV stations, and later Class A and low power television stations, to report annually “whether they provided ancillary or supplementary services in the 12-month period ending on the preceding September 30.”  The rule requiring the filing of these reports mandates that TV stations file them whether or not they have any non-broadcast services to report.  In fact, the rule pointedly says that failure to file “regardless of revenues from ancillary or supplementary services or provision of such services may result in appropriate sanctions.”  As a result, many thousands of these reports have been filed over the years despite the fact that very few stations have ever offered such services.

When the FCC this summer opened the door in its Modernization proceeding for suggestions as to how to eliminate unnecessary regulatory burdens, a chorus rang out in support of modifying this particular rule.  In one of those now glaringly obvious “how could someone not have thought of this twenty years ago?” moments, first Commissioner O’Rielly and then numerous commenters suggested modifying the rule to eliminate the requirement for all stations except those that actually provide such services.  That led to the FCC voting last month to issue a Notice of Proposed Rulemaking proposing to eliminate the filing requirement for all stations that do not offer ancillary or supplementary services.

Buried in a footnote to that NPRM was the answer to a question many of us had asked over the years; namely, what is the percentage of stations indicating they are actually providing such services?  Having been involved in the filing of well over a thousand of these reports over the years, we had yet to file one indicating a station has actually provided ancillary or supplementary services.  Now we know that, according to the NPRM, fewer than 15 stations nationwide offered such services in 2016, yielding a total payment to the government of roughly $13,000.  That’s fewer than fifteen out of more than 6600 reports filed in 2016 (0.2%).

Stated differently, if the FCC had just asked each of those 6600 stations to mail in $2.00 rather than a report, the government would have garnered more revenue while wasting far less station resources.  Of course, that doesn’t take into account the resources the FCC was forced to expend processing 6600 reports looking for the 15 that actually reported revenues, ensuring that fulfilling this congressional mandate currently costs the FCC more than it brings in.

For that reason, today’s Order waiving this year’s filing requirement for stations not offering such services will likely be welcome news not just for those broadcasters, but for FCC staff as well.  It does, however, remain a short-term fix.  The FCC’s proceeding to permanently change the rule is still underway, with the comment deadline not yet set.  Based on today’s waiver, the odds seem pretty good that by the time December 1, 2018 rolls around, a waiver will no longer be necessary as the change will have been incorporated into the rule.  In a time when even the most mundane proposals for change can generate fervent opposition, this may be the rare Commission rule that lacks a constituency to defend it to the death.

So the vast majority of stations that had been drafting their 2017 report can stop right now.  Of course, if your station is one of the lonely 15 that provided ancillary and supplementary services during the past year, the waiver doesn’t apply and you will still need to file the report and pay the FCC 5% of the gross revenues generated.  Then Congress can debate at length where to spend the $13,000.

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As Lauren Lynch Flick wrote here several weeks ago, the FCC announced in October that it would be lifting its 2013 freeze on certain TV station modification applications that would increase a station’s coverage area.  Lifting the freeze would let full-power and Class A TV stations that weren’t able to expand facilities in the just-ended modification windows for repacked stations (ie, stations that were not affected by the repack) to do so for the first time in nearly five years.

The purpose of the planned thaw is to let these stations implement desired modifications of their facilities long prohibited by the freeze, as well as to react to changes in coverage and interference coming from competing stations that were repacked.  By lifting the 2013 freeze before the FCC opens its planned Special Displacement Window for LPTV stations early next year, the FCC hopes to avoid having LPTV stations apply for and build out displacement facilities only to then be displaced again when these long-frozen full-power and Class A TV stations finally have a chance to modify their facilities.

The news released by the FCC this afternoon is that the thaw will commence on November 28, and will be quite short in duration, ending at 11:59 pm Eastern on December 7.  During this period, full-power and Class A TV stations that were not assigned a new channel in the repack will be able to file for minor modifications of their facilities.  Unlike other recent filing windows where applications filed at any time during the window were all treated as having been filed on the same day, applications filed in this window will be processed on a first come, first served basis.  That means there is a definite benefit to filing on the first day of the window.

While most stations that avoided being moved to a new channel in the repack were thrilled by that fact, being locked in place while those all around them modify and maximize facilities has been frustrating.  Now they have a chance to join other stations in nudging and jostling for position in a post-repack world.  They will need to move quickly, however.  Winter is coming.

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This evening the FCC released the Agenda for its November 16 Public Meeting, and as anticipated, the two Media items on it are the Reconsideration of the FCC’s Broadcast Ownership Rules and the FCC’s proposed approval of ATSC 3.0.  More importantly, the FCC released the proposed draft orders for each item and an associated “Fact Sheet” summarizing the proposals to be voted on at the November meeting.

The content of the broadcast ownership draft Order matches what Chairman Pai had announced in his testimony before a House subcommittee yesterday and in an FCC blog post this afternoon.  Specifically, the Order proposes to eliminate the Newspaper/Broadcast and TV/Radio Cross-Ownership Rules, permit certain TV duopolies by eliminating the Eight Voices Test and assessing proposed Big-4 station combinations on a case-by-case basis, eliminate attribution of Joint Sales Agreements, and create an incubator program to promote new entry and ownership diversity in the broadcast industry.

That would normally have been enough big news for a day, but in an era that makes what once was referred to as “Internet time” seem excruciatingly slow, most of this information was already old news by tonight.  As far as breaking news goes, the more interesting item was the FCC’s reveal of its plans for ATSC 3.0 (“Next Gen TV”), which it had been holding close to the vest until tonight.

As summarized by the FCC’s Fact Sheet attached to the draft Order, the FCC proposes to:

  • Allow television broadcasters to use Next Gen TV on a voluntary, market-driven basis.
  • Require broadcasters that use Next Gen TV to partner with another local station to simulcast their programming in the current digital television (DTV) transmission standard (ATSC 1.0), so that viewers will continue to receive their existing broadcast service.
  • For five years, require the programming aired on the ATSC 1.0 simulcast channel to be “substantially similar” to the programming aired on the ATSC 3.0 channel. This means that the programming must be the same, except for programming features that are based on the enhanced capabilities of ATSC 3.0, advertisements, and promotions for upcoming programs.
  • Exempt low power TV and TV translator stations from the simulcasting requirement, and permit case-by-case waivers if a station has no viable simulcast partner.
  • Retain mandatory carriage rights on cable and satellite systems for simulcast DTV signals, and afford Next Gen TV signals no mandatory carriage rights while the Commission requires local simulcasting.
  • Subject Next Gen TV signals to the public interest obligations that currently apply to television broadcasters.
  • Require broadcasters to provide advance on-air notifications to educate consumers about Next Gen TV service deployment and simulcasting.
  • Incorporate specific parts of the Next Gen TV technical standard (A/321 and A/322) into [the FCC’s] rules and explain the methodology used to calculate interference. The A/322 requirement would apply only to a broadcaster’s primary video stream and would sunset five years from the effective date of the rules unless extended by the Commission.
  • Conclude that it is unnecessary to adopt a Next Gen TV tuner mandate for new television receivers.

The FCC also proposes to adopt a Further Notice of Proposed Rulemaking to:

  • Seek comment on issues related to exceptions and waivers of the requirement that Next Gen TV broadcasters partner with a local station to simulcast DTV signals.
  • Seek comment on whether to let full power broadcasters use vacant channels in the television broadcast band to encourage use of Next Gen TV.
  • Tentatively conclude that local simulcasting should not change the “significantly viewed ” status of a Next Gen TV station for purposes of cable and satellite carriage.

For broadcasters now diving into the spectrum repack and looking for the silver lining in having to rebuild on a new channel, tonight’s announcement will be welcome news.  Broadcasters have been urging the FCC to move forward on approving ATSC 3.0 so that it can be incorporated into station rebuilds and business planning, where any form of uncertainty complicates matters.  By revealing tonight its working draft of the ATSC 3.0 Order, the FCC has begun to remove that uncertainty. The remainder will hopefully dissipate on November 16.

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The FCC announced late today that the freeze that has been in place since April 2013 which prevents full-power and Class A TV stations from filing applications to expand their coverage areas will be lifted temporarily, likely before the end of this year.  The lifting of the freeze allows stations that were not repacked following the Broadcast Incentive Auction to file minor modification applications to expand their signal for the first time in nearly five years.

Earlier this year, television stations that were repacked filed applications specifying facilities on their new channel assignments.  A small group of repacked stations that were unable to build on their assigned channel, and stations that were predicted to receive excessive interference as a result of the repack, were allowed to file applications for different facilities in a priority filing window that closed on September 15.  A second priority window for repacked stations to further modify their facilities is currently underway.  CommLawCenter reported on these various repack milestones here and here.

Today’s announcement alerts full-power and Class A TV stations which were not repacked that the freeze on filing modification applications will be lifted temporarily some time after the second priority window for repacked stations closes on November 2, but before a planned Special Displacement Window for LPTV stations is opened, which is predicted to occur early next year.

Given the timing of those two windows, the odds seem good that the temporary lifting of the freeze will occur before the end of this calendar year.  By allowing these stations to file modification applications before the opening of next year’s LPTV window, the FCC hopes to avoid having LPTV stations file in that window only to find their newly authorized facilities subsequently displaced by full-power and Class A TV stations that have been waiting to file a modification application since 2013.

While the freeze is lifted, applications to modify facilities will be accepted on a first come, first served basis.  Only applications that qualify as minor modifications will be permitted.  The temporary lifting of the freeze also means that processing of modification applications that were pending in April of 2013 can resume.

In this complex game of upgrade chess, LPTV station licensees should file any minor modification applications they are contemplating as soon as possible, since the FCC indicates that the filing of those types of applications will be frozen 30 days prior to the opening of the LPTV Special Displacement Window.  Such is the freeze-thaw cycle at the FCC.

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Earlier this week, the FCC and FEMA released a final reminder that this year’s nationwide test of the Emergency Alert System will occur today, September 27, 2017 at 2:20 PM Eastern Time.  The test will be transmitted in both English and Spanish and broadcasters will choose which one to air in their communities.

The agencies had reserved October 4th as a backup date for the test in the event that an emergency was ongoing that could lead to confusion around the test.  They decided not to fall back on that option despite Hurricanes Harvey, Irma and Maria recently causing much destruction.  They did, however, acknowledge the disruption those events caused by giving broadcasters in the affected areas additional time to meet their various filing obligations connected to the national EAS test.

Stations unaffected by the hurricanes must file a Form 2, the day-of-test reporting form, via the FCC’s Emergency Test Reporting System by 11:59 PM Eastern Time tonight (September 27).  Stations are allowed to make any corrections to their earlier-filed Form 1 submissions by that time as well.  More detailed information on a station’s performance during the test, including any issues encountered, must be submitted electronically on Form 3 no later than November 13, 2017.

As noted above, broadcasters in hurricane-affected areas (Florida, Puerto Rico and the U.S. Virgin Islands, as well as portions of Alabama, Georgia, Louisiana, and Texas) have more flexibility, and may make corrections to their Form 1, and file Form 2, as late as November 13, the national deadline for filing Form 3.

Unrelated to those Form 1, 2 and 3 filings, stations are also required to report to their State Emergency Communications Committee by November 6, 2017 any steps they have taken to distribute EAS content in languages other than English to their non-English speaking audiences.  While the FCC has not mandated the precise information to be reported, it has suggested that stations provide:

  • a description of the steps taken to make EAS content available to speakers of other languages;
  • a description of any plans made to do so in the future, along with an explanation of why or why not; and
  • any additional information that would be useful to the FCC, such as state-wide demographic information regarding languages spoken and resources used or needed to originate EAS content in languages other than English.

The State Emergency Communications Committees are then required to report this information to the FCC within six months.

This is the third nationwide EAS test, and as you would hope, each test seems to go better than the last one as bugs in the alerting chain and equipment are discovered and fixed.  While some might view it as contradictory, the twin hopes of everyone involved in today’s test is that we will eventually have a perfectly functioning national alerting system, and that it will never be needed.

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The FCC announced yesterday that repacked and band-changing television and Class A television stations will have the opportunity to file applications to specify a new channel or expand their proposed facilities between October 3 and November 2.

By way of background, in April of 2013, in preparation for the Broadcast Incentive Auction, the FCC froze the filing of modification applications by full power and Class A television stations that would expand coverage in any direction.  With the conclusion of the Broadcast Incentive Auction, stations that were involuntarily repacked or that elected to change bands in exchange for compensation were required to file applications to transition to their newly-assigned channels.

However, apart from some flexibility to increase coverage in any one direction by up to 1%, those applications could only replicate the coverage a station had before the auction.  A small group of stations that had special situations such as those that were unable to build on their assigned repack channel or which were predicted to receive excessive interference as a result of the repack were allowed to modify their facilities in what the FCC called the “First Priority” window, which closed last Friday.  For the vast majority of stations, however, the window announced yesterday will be their first opportunity in more than four years to expand coverage without requiring a waiver of the freeze.

This “Second Priority” window is limited to repacked and band changing stations.  Eligible stations can change their currently assigned channel or make minor modifications to the facilities currently proposed in their repack construction permit (if already granted), or pending repack application.  Stations seeking a new channel must remain within their currently assigned band (e.g., a UHF station that was paid in the spectrum auction to move to a VHF channel cannot now file to move back to the UHF band).

Applications filed in this window must protect all applications filed in the initial 90-day repack window, the just-concluded First Priority window, and those filed prior to the April 2013 application freeze.  An application seeking a new channel will be handled as a major modification, requiring a 30-day public notice and comment period at the FCC, along with local public notice in the community of license.  Stations seeking to modify their facilities while remaining on their assigned channel must still meet the FCC’s requirements for a minor modification application.

Additional costs caused by building expanded or different-channel facilities are not eligible for repack reimbursement, and stations are therefore not allowed to amend their Form 399 estimates to include those additional amounts.

Filing fees will be required for modification applications filed in this window, and station applications that are mutually exclusive with another application filed during the window will have a 90-day period to resolve the mutual exclusivity or both applications will be dismissed.  The FCC will treat all applications filed during the window as having been filed on the same day, so the precise date of filing will not be relevant in determining whether applications filed during this window are mutually exclusive.

After years of television stations having their fate dictated by the outcome of the Broadcast Incentive Auction and the FCC-designed repack, this window represents the first opportunity in a long time for stations to take control of their own destinies.  Stations will now have the opportunity to obtain what they used to take for granted–the ability to adapt their facilities to changing communities and needs while enhancing their coverage in a post-repack world.  That is an opportunity that should not be missed.

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The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by October 10, 2017, reflecting information for the months of July, August, and September 2017.

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 the 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.

Given that program logs are no longer mandated by the FCC, the Quarterly Lists may be the most important evidence of a station’s compliance with its public service obligations. The lists also provide important support for the certification of Class A television station compliance discussed below. We therefore urge stations not to “skimp” on the Quarterly Lists, and to err on the side of over-inclusiveness. Otherwise, stations risk a determination by the FCC that they did not adequately serve the public interest during the license term. Stations should include in the Quarterly Lists as much issue-responsive programming as they feel is necessary to demonstrate fully their responsiveness to community needs. Taking extra time now to provide a thorough Quarterly List will help reduce risk at license renewal time.

It should be noted that the FCC has repeatedly emphasized the importance of the Quarterly Lists and often brings enforcement actions against stations that do not have fully complete Quarterly Lists or that do not timely place such lists in their public inspection file. The FCC’s base fine for missing Quarterly Lists is $10,000.

Preparation of the Quarterly List

The Quarterly Lists are required to be placed in the public inspection file by January 10, April 10, July 10, and October 10 of each year. The next Quarterly List is required to be placed in stations’ public inspection files by October 10, 2017, covering the period from July 1, 2017 through September 30, 2017. Continue reading →

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The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by October 10, 2017, reflecting programming aired during the months of July, August, and September 2017.

Statutory and Regulatory Requirements

As a result of the Children’s Television Act of 1990 (“Act”) and the FCC rules adopted under the Act, full power and Class A television stations are required, among other things, to: (1) limit the amount of commercial matter aired during programs originally produced and broadcast for an audience of children 12 years of age and under, and (2) air programming responsive to the educational and informational needs of children 16 years of age and under.

These two obligations, in turn, require broadcasters to comply with two paperwork requirements. Specifically, stations must: (1) place in their online public inspection file one of four prescribed types of documentation demonstrating compliance with the commercial limits in children’s television, and (2) submit FCC Form 398, which requests information regarding the educational and informational programming the station has aired for children 16 years of age and under. Form 398 must be filed electronically with the FCC. The FCC automatically places the electronically filed Form 398 filings into the respective station’s online public inspection file. However, each station should confirm that has occurred to ensure that its online public inspection file is complete. The base fine for noncompliance with the requirements of the FCC’s Children’s Television Programming Rule is $10,000.

Broadcasters must file their reports via the Licensing and Management System (LMS), accessible at https://enterpriseefiling.fcc.gov/dataentry/login.html.

Noncommercial Educational Television Stations

Because noncommercial educational television stations are precluded from airing commercials, the commercial limitation rules do not apply to such stations. Accordingly, noncommercial television stations have no obligation to place commercial limits documentation in their public inspection files. Similarly, though noncommercial stations are required to air programming responsive to the educational and informational needs of children 16 years of age and under, they do not need to complete FCC Form 398. They must, however, maintain records of their own in the event their performance is challenged at license renewal time. In the face of such a challenge, a noncommercial station will be required to have documentation available that demonstrates its efforts to meet the needs of children.

Commercial Television Stations
Commercial Limitations

The Commission’s rules require that stations limit the amount of “commercial matter” appearing in children’s programs to 12 minutes per clock hour on weekdays and 10.5 minutes per clock hour on the weekend. In addition to commercial spots, website addresses displayed during children’s programming and promotional material must comply with a four-part test or they will be considered “commercial matter” and counted against the commercial time limits. In addition, the content of some websites whose addresses are displayed during programming or promotional material are subject to host-selling limitations. Program promos also qualify as “commercial matter” unless they promote children’s educational/informational programming or other age-appropriate programming appearing on the same channel. Licensees must prepare supporting documents to demonstrate compliance with these limits on a quarterly basis.

For commercial stations, proof of compliance with these commercial limitations must be placed in the online public inspection file by the tenth day of the calendar quarter following the quarter during which the commercials were aired. Consequently, this proof of compliance should be placed in your online public inspection file by October 10, 2017, covering programming aired during the months of July, August, and September 2017.

Documentation to show that the station has been complying with this requirement can be maintained in several different forms:

  • Stations may, but are not obligated to, keep program logs in order to comply with the commercial limits rules. If the logs are kept to satisfy the documentation requirement, they must be placed in the station’s public inspection file. The logs should be reviewed by responsible station officials to be sure they reflect compliance with both the numerical and content requirements contained in the rules.
  • Tapes of children’s programs will also satisfy the rules, provided they are placed in the station’s public inspection file and are available for viewing by those who visit the station to examine the public inspection file. The FCC has not addressed how this approach can be utilized since the advent of online public inspection files.
  • A station may create lists of the number of commercial minutes per hour aired during identified children’s programs. The lists should be reviewed on a routine basis by responsible station officials to be sure they reflect compliance with both the numerical and content requirements contained in the rule.
  • The station and its network/syndicators may certify that as a standard practice, they format and air the identified children’s programs so as to comply with the statutory limit on commercial matter, and provide a detailed listing of any instances of noncompliance. Again, the certification should be reviewed on a routine basis by responsible station officials to ensure that it is accurate and that the station did not preempt programming or take other action that might affect the accuracy of the network/syndicator certification.
  • Regardless of the method a station uses to show compliance with the commercial limits, it must identify the specific programs that it believes are subject to the rules, and must list any instances of noncompliance. As noted above, commercial limits apply only to programs originally produced and broadcast primarily for an audience of children ages 12 and under.

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According to a newly-released Public Notice, the FCC has directed the U.S. Department of Treasury to pay all broadcasters who had winning bids in the recently concluded spectrum incentive auction.  The only exceptions are those broadcasters that failed to submit sufficient banking information to the Commission for payment to be made.  Since the FCC does not control the actual release of funds, it indicates it will deem the amounts as paid five business days from the release of yesterday’s Public Notice (ie, July 27).  Any broadcaster expecting to be paid that is not listed in the attachment to the Public Notice will want to promptly fix any issues with its banking information so that it too can receive payment.

The Public Notice also establishes the deadline for each category of auction winner to go off-air after getting paid. For the fewer than a dozen stations actually terminating service and going permanently dark, yesterday’s announcement is a major milestone, establishing their last day of operation as October 25, 2017.  These stations can actually cease operating as early as late August, but only if they start airing their required notices to viewers and sending their notices to MVPDs immediately.  Those needing a longer goodbye can ask for additional time to remain on air as long as they can show the FCC good cause for continuing to operate beyond the deadline.

The approximately 30 stations that elected to move to a high or low VHF channel obviously do not face a “go dark” deadline.  Instead, they will transition to their new channel much the same way as stations being involuntarily repacked.  In other words, these stations will start operations on their new channels according to the FCC’s previously-announced transition phase assignments.  They’ll just do so with lighter hearts and heavier pockets than repacked stations.

The majority of the stations listed in the Public Notice as being eligible for an auction payment indicated at the start of the auction (in their Form 177) that they had entered into or intended to enter into a channel sharing agreement for post-auction operation.  These stations have until January 23, 2018 to cease operating on their current channel and commence operations on their shared channel.  If a station’s “intention” to enter into a channel sharing agreement has not yet been realized, it will have until January 23, 2018 to get that done.  In addition, the FCC is allowing channel sharing stations to request up to two 90-day extensions (until July 2018) if they need it.

The timing of yesterday’s announcement effectively means that auction winners whose channel sharing partner was assigned to a new channel as part of the repack will have to transition twice—once to their sharing partner’s pre-transition channel, and a second time to their partner’s repacked channel.  Since the first transition phase testing period does not begin until September 14, 2018, even a channel sharee obtaining both 90-day extension periods would have to get special dispensation from the FCC or go dark for some period of time if it wants to avoid having to do a two-step transition.

While bidding in the first-ever broadcast incentive auction has been over for months now, today’s Public Notice is a major step in finally closing the book on that auction.  The U.S. Treasury will be sending auction payments out over the next few days, and once that is done, all eyes will be on the repack itself.  Given last week’s implosion of the FCC’s filing system under the strain of the initial round of repack construction permit applications and reimbursement claims, the repack promises to be a challenging endeavor for both broadcasters and the FCC.  However, for those broadcasters whose pockets are flush with auction payments, the repack might seem just a little less burdensome.

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The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by July 10, 2017, reflecting programming aired during the months of April, May, and June 2017.

Statutory and Regulatory Requirements

As a result of the Children’s Television Act of 1990 (“Act”) and the FCC rules adopted under the Act, full power and Class A television stations are required, among other things, to: (1) limit the amount of commercial matter aired during programs originally produced and broadcast for an audience of children 12 years of age and under, and (2) air programming responsive to the educational and informational needs of children 16 years of age and under.

These two obligations, in turn, require broadcasters to comply with two paperwork requirements. Specifically, stations must: (1) place in their online public inspection file one of four prescribed types of documentation demonstrating compliance with the commercial limits in children’s television, and (2) submit FCC Form 398, which requests information regarding the educational and informational programming the station has aired for children 16 years of age and under. Form 398 must be filed electronically with the FCC. The FCC automatically places the electronically filed Form 398 filings into the respective station’s online public inspection file. However, each station should confirm that has occurred to ensure that its online public inspection file is complete. The base fine for noncompliance with the requirements of the FCC’s Children’s Television Programming Rule is $10,000.

Broadcasters must file their reports via the Licensing and Management System (LMS), accessible at https://enterpriseefiling.fcc.gov/dataentry/login.html.

Noncommercial Educational Television Stations

Because noncommercial educational television stations are precluded from airing commercials, the commercial limitation rules do not apply to such stations. Accordingly, noncommercial television stations have no obligation to place commercial limits documentation in their public inspection files. Similarly, though noncommercial stations are required to air programming responsive to the educational and informational needs of children 16 years of age and under, they do not need to complete FCC Form 398. They must, however, maintain records of their own in the event their performance is challenged at license renewal time. In the face of such a challenge, a noncommercial station will be required to have documentation available that demonstrates its efforts to meet the needs of children.

Commercial Television Stations

Commercial Limitations

The Commission’s rules require that stations limit the amount of “commercial matter” appearing in children’s programs to 12 minutes per clock hour on weekdays and 10.5 minutes per clock hour on the weekend. In addition to commercial spots, website addresses displayed during children’s programming and promotional material must comply with a four-part test or they will be considered “commercial matter” and counted against the commercial time limits. In addition, the content of some websites whose addresses are displayed during programming or promotional material are subject to host-selling limitations. Program promos also qualify as “commercial matter” unless they promote children’s educational/informational programming or other age-appropriate programming appearing on the same channel. Licensees must prepare supporting documents to demonstrate compliance with these limits on a quarterly basis.

For commercial stations, proof of compliance with these commercial limitations must be placed in the online public inspection file by the tenth day of the calendar quarter following the quarter during which the commercials were aired. Consequently, this proof of compliance should be placed in your online public inspection file by July 10, 2017, covering programming aired during the months of April, May, and June 2017. Continue reading →