Articles Posted in Television

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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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FCC establishes June 12, 2010 as a “hard date” for wireless microphones and certain broadcast low power auxiliary operations to vacate 700 MHz spectrum. Some stations will have to move much sooner.

The FCC has released an Order further clearing the 700 MHz band of incumbent users to permit the new public safety and commercial users of those frequencies to complete construction and commence operations. The Order addresses use of the band by low power auxiliary stations intended for use as wireless microphones, cue and control communications, and synchronization of TV camera signals, and requires that such stations cease operations in the band by June 12, 2010. The FCC indicates that current users will need to move sooner than that if they either receive direct notice from new users of the spectrum that public safety or commercial wireless operations in the band will be commencing, or if the FCC releases a later Public Notice to that effect. The Order includes a Further Notice of Proposed Rulemaking (“FNPRM”) in which the Commission proposes broad revisions to the rules governing low power auxiliary operations. Broadcasters that have been or contemplate operating low power auxiliary stations on an unlicensed basis may be able to secure greater interference protection by licensing their facilities instead. Comments on the FNPRM are due on February 22, 2010 and Reply Comments are due by March 15, 2010.

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Disclosure and Disclaimer Requirements Retained. Decision Likely Invalidates Identical Political Ad Restrictions on Labor Unions.

On January 21, 2010, the Supreme Court of the United States issued its long-awaited decision in Citizens United v. Federal Election Commission, a case challenging limits on political speech by corporations.

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Proceeding Is Important to Electronic Media Content Producers, Television Stations, Advertisers, Educators, Electronics Manufacturers, and Privacy Experts.

On January 13, 2010, the FCC released an Order granting two requests for extension of time to file comments in response to the FCC’s Notice of Inquiry (“NOI”) in its “Empowering Parents and Protecting Children in an Evolving Media Landscape” proceeding. One of the requests was filed jointly by the Association of National Advertisers, the American Advertising Federation, the American Association of Advertising Agencies, the Direct Marketing Association, the Interactive Advertising Bureau, and the Promotion Marketing Association. The second was filed jointly by the Children’s Food and Beverage Advertising Initiative and the Children’s Advertising Review Unit of the Council of Better Business Bureaus, Inc. These parties requested additional time to prepare their comments in light of the numerous issues raised in the NOI and the year-end holidays that fell in the middle of the comment period. The new date for filing Comments in the proceeding is February 24, 2010 and the new date for filing Reply Comments is March 26, 2010.

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January 2010
The FCC has established a national filing deadline for commercial radio and television stations to file their Biennial Ownership Reports. However, the schedule for the filing of Biennial Ownership Reports by noncommercial stations remains staggered, tied to their anniversary renewal filing deadlines.

Noncommercial radio stations licensed to communities in Arkansas, Louisiana, Mississippi, New Jersey and New York, and noncommercial television stations licensed to communities in Kansas, Nebraska and Oklahoma, must file their Biennial Ownership Reports by February 1, 2010.

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January 2010

This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York and Oklahoma, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.

Introduction
February 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 February 1, 2010.

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This afternoon, the Commission released an Order announcing that, due to technical difficulties, it was temporarily suspending the use of the new FCC Form 323 and, as a consequence, was postponing the January 11, 2010 deadline for the filing of Biennial Ownership Reports for commercial broadcast licensees. The Commission stated that it would announce the reactivation of the new form and the new filing deadline in a subsequent Public Notice. The Order states that the Commission “will temporarily suspend the ability to start a new biennial Form 323 during this interim suspension period but will allow filers to complete and file forms that they have already started should they wish to do so.” The Order also states that the new filing deadline will be at least 90 days from the date that the new form is made available for new biennial filings.

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December 2009
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by January 10, 2010, reflecting programming aired during the months of October, November and December 2009.

Statutory and Regulatory Requirements

As a result of the Children’s Television Act of 1990 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 younger; and (2) air programming responsive to the educational and informational needs of children 16 years of age and younger.

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December 2009
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by January 10, 2010, reflecting information for the months of October, November and December 2009.

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.

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