Articles Posted in Radio

March 2009
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by April 10, 2009, reflecting information for the months of January, February, and March 2009. The FCC’s action adopting the new program report Form 355, which is intended to replace the Quarterly Issues/Programs Lists for full-power and Class A television stations, is not yet effective and thus will not have any effect on this first quarter public file requirement.

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.

A PDF version of this entire article can be found at 2009 First Quarter Issues/Programs List Advisory for Broadcast Stations .

Published on: March 9, 2009

Broadcast Station EEO Advisory

March 2009
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.

April 1, 2009 is the deadline for stations licensed to communities in the States/Territories referenced above to place their Annual EEO Public File Report in the public inspection file and post the report on the station’s website, if applicable.

Under the FCC’s rule that became effective as of March 10, 2003, 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.

A PDF version of this entire article can be found at Broadcast Station EEO Advisory.

Published on: March 7, 2009

Biennial Ownership Reports Due By April 1, 2009, for Certain Radio and Television Broadcasters

March 2009
Commercial and noncommercial Radio stations licensed to communities in Texas must electronically file their Biennial Ownership Reports with the FCC by April 1, 2009. Commercial and noncommercial Television stations licensed to communities in the States of Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee must also electronically file their Biennial Ownership Reports by the same deadline.
As radio and television stations in the same State/Territory file their renewals one year apart, broadcast stations in the above-referenced states which are not subject to the April 1, 2009, deadline will be required to file their Biennial Ownership Reports by April 1, 2010.

A PDF version of this entire article can be found at Biennial Ownership Reports Due By April 1, 2009, for Certain Radio and Television Broadcasters.

Published on: February 10, 2009

FCC Releases List of Stations that Intend to Terminate Analog Operation On or Before February 17, 2009

February 2009
Pursuant to the FCC’s February 5th Public Notice, “Procedures Regarding Termination of Analog Television Service On or After February 17, 2009,” any station wishing to “early” terminate analog operation was required to notify the FCC no later than February 9th of their intent to do so.

On February 10th, the FCC released a list of the 491 stations that filed this notification indicating their intent to terminate analog operation on February 17th. The list also reflects the 190 stations that have already terminated analog operations or intend to do so prior to February 17th.

Published on: January 16, 2009

Enforcement Monitor: FCC Finds Six Broadcasters Apparently Liable for Violations of Equal Employment Opportunity Rule

January 2009
In late December 2008, the Federal Communications Commission (“FCC”) released a series of six Notices of Apparent Liability for Forfeiture against broadcasters asserting violations of the FCC’s Equal Employment Opportunity rule (“EEO rule”). In a joint statement appended to each of the six cases, FCC Commissioners Michael J. Copps (now Acting FCC Chairman) and Jonathan S. Adelstein (the “Commissioners”) signaled their strong desire that enforcement of EEO matters be stepped up by the Commission. The Commissioners noted that “Commission enforcement of EEO rules has been inconsistent and, as one consequence, employment in broadcasting does not reflect America.” Specifically, the Commissioners noted that while 251 cases resulted in 86 forfeitures between 1994 and 1997, only 10 cases resulting in 8 forfeitures were released between 2004 and 2007.

Published on: January 15, 2009

2009 Broadcaster’s Calendar

January 2009
The following deadlines are based on information known by us as of the date hereof, may or may not apply to a particular broadcaster, are for general informational purposes only, and should be double-checked for currency close to each pertinent date/deadline. Actions by the FCC, Congress, or the courts could affect any of these deadlines by, for example, eliminating a particular reporting/filing obligation altogether or modifying the form used, content, deadline, fee, or manner of reporting/filing, such as requiring the posting of a report on the Internet or filing a report with the FCC electronically. It should also be noted that any FCC filing date which falls on a weekend or federal holiday, as a general rule, causes the filing deadline to be shifted to the immediately following business day. Furthermore, the listing of deadlines is not intended to be complete or exhaustive of all regulatory and non-regulatory deadlines that may apply to a given broadcaster year-to-year. Accordingly, broadcasters should seek the advice of communications counsel in each instance to assure timely and proper filing. This edition of our annual “Broadcasters’ Calendar” supercedes all prior editions and accordingly any prior editions should no longer be used.

Published on: January 12, 2009

Biennial Ownership Reports Due by February 1, 2009 for Certain Radio and Television Broadcasters

January 2009
Commercial and noncommercial Radio stations licensed to communities in Kansas, Nebraska and Oklahoma must file their Biennial Ownership Reports with the FCC by February 1, 2009. Commercial and noncommercial Television stations licensed to communities in the States of Arkansas, Louisiana, Mississippi, New Jersey and New York must also file their Biennial Ownership Reports by the same deadline.

Published on: January 6, 2009

2008 Fourth Quarter Issues/Programs List Advisory for Broadcast Stations

1/6/2009
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by January 10, 2009, reflecting information for the months of October, November and December 2008. The FCC’s action adopting the new program report Form 355, which is intended to replace the Quarterly Issues/Programs Lists for full-power and Class A television stations, will not have any effect on this fourth quarter public file requirement.

Published on: December 12, 2008

FCC Enforcement Monitor

By

December 2008
Topics include:

FCC Fines Mississippi Radio Station $13,000 for Failure to Inform Federal Aviation Administration of Antenna Structure Lighting Malfunction and Failure to Maintain a Public Inspection File
Commission Fines Nevada Radio Licensee $5,600 for Failing to Enclose Tower With an Effective Locked Fence
FCC Fines New Mexico Radio Station $10,000 for Operating from an Unauthorized Location