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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.

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January 2009:

Upcoming Deadlines

  • FCC Form 499-Q is Due by February 1, 2009
  • Customer Proprietary Network Information Certification is Due by March 1, 2009

Enforcement Matters:

  • Telecommunications Carrier Enters Into $10,080,600 Consent Decree for CPNI and Universal Service Fund Violations
  • Telecommunications Carrier Found Apparently Liable for More than $650,000 for Failure to Register and Obtain 214 Approval and Failure to Comply with USF Requirements

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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.

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1/6/2009
The next FCC Form 388 DTV Quarterly Activity Station Report must be filed via CDBS and placed in stations’ local public inspection files by January 10, 2009, reflecting information for the months of October, November and December 2008.

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1/6/2009
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by January 10, 2009, reflecting programming aired during the months of October, November and December 2008.

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January 2009
On December 23, 2008, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing creation of a new replacement digital television translator service. This service will permit full-power television stations to continue to provide service to viewers who have lost or will lose service as a result of a station’s digital transition. In the NPRM, the FCC announced that it will begin accepting applications in the coming days, although processing of these applications will be withheld pending the outcome of the proceeding. In the interim, the FCC proposed that stations could request Special Temporary Authority (“STA”) to operate replacement television translator facilities during the pendency of the rulemaking proceeding.

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December 2008
On December 24, 2008, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (NPRM) to implement the recently enacted Short-Term Analog Flash and Emergency Readiness (SAFER) Act. The SAFER Act directs the Commission to develop a “nightlight” program to permit stations to continue to broadcast analog signals for 30 days after the February 17, 2009 DTV transition deadline for the limited purpose of providing public safety and digital television (“DTV”) transition information. The Notice describes the FCC’s framework for implementing the nightlight program and establishes an expedited public comment period. The notice was published in the Federal Register on December 31, 2008, thereby establishing Monday, January 5, 2009 as the deadline for comments, and Thursday, January 8 as the deadline for reply comments.

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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

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December 2008
On December 24, 2008, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (NPRM) to implement the recently enacted Short-Term Analog Flash and Emergency Readiness (SAFER) Act. The SAFER Act directs the Commission to develop a “nightlight” program to permit stations to continue to broadcast analog signals for 30 days after the February 17, 2009 DTV transition deadline for the limited purpose of providing public safety and digital television (“DTV”) transition information. The Notice describes the FCC’s framework for implementing the nightlight program and establishes an expedited public comment period. The notice was published in the Federal Register on December 31, 2008, thereby establishing Monday, January 5, 2009 as the deadline for comments, and Thursday, January 8 as the deadline for reply comments.

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