Preparation for Upcoming
License Renewals
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The FCC license renewal cycle for broadcast stations will soon begin again, with the first radio license renewal applications due by June 1, 2011, and the first television license renewal applications due by June 1, 2012. The FCC has revised the license renewal application form (FCC Form 303-S) and is waiting for approval from OMB before finalizing its revisions. This memo describes some of the proposed changes to the form, reviews the information that you will need to begin assembling in order to complete the renewal application in a timely fashion, and provides details regarding the state-by-state renewal application deadlines. I.
License Renewal Application Filing
Deadlines The separate radio and television renewal cycles require that all stations in designated groups of one or more states file renewal applications at the same time. The first group to file includes radio stations licensed to operate in Virginia, West Virginia, Maryland, and the District of Columbia, which must file their renewal applications by no later than June 1, 2011. The renewal cycle for television stations begins with stations licensed to operate in the same group of states, which must file their renewal applications by no later than June 1, 2012. Every two months, stations in other designated groups of states will file their license renewal applications, with stations in Delaware and Pennsylvania closing the radio renewal cycle in April 2014 and the television renewal cycle in April 2015. Information about the renewal application filing deadlines for radio and television stations by state is available here. II.
Pre-Filing and Post-Filing
Announcements and Certifications In anticipation of the filing of the renewal application, each station must broadcast a series of pre-filing announcements on specified dates beginning two months prior to the filing of the renewal application. Each station must also broadcast post-filing announcements on specified dates during the three months after filing the renewal application. For example, a Virginia radio station filing its renewal application by the June 1, 2011 deadline must broadcast pre-filing announcements on April 1, April 16, May 1, and May 16 and post-filing announcements on June 1, June 16, July 1, July 16, August 1, and August 16. General information about the pre-filing and post-filing announcements schedule by state is available here. These announcements notify listeners that the station is seeking renewal of its license and provide information about how listeners can advise the FCC of facts pertaining to its consideration of the station’s renewal application. There are detailed requirements regarding the wording used in each of these announcements, the specific dates and times they must air, and the placement of proof of broadcast in the station’s public file. The requirements for announcements regarding the filing of translator station renewal applications are different than for full-service stations. We will send you a memorandum that reviews the broadcast schedule for the pre-filing and post-filing announcements, including the required texts to use for this purpose, approximately 30 days before the first pre-filing announcement is to be aired. III.
License Renewal Application Form –
FCC Form 303-S There are a number of components associated with each license renewal application that are submitted electronically to the FCC: (1) a completed FCC Form 303-S (Application for Renewal of License for Commercial and Noncommercial AM, FM or TV Broadcast Station); (2) exhibits to FCC Form 303-S; (3) a completed FCC Form 396 (Broadcast Equal Employment Opportunity Program Report); and (4) the filing fee of $170 for each full-service station (including Class-A TV stations) and $60 for each FM or TV translator and for each LPTV station. There is no filing fee for renewal of an FM or TV booster station. In describing the proposed revisions to the renewal application form as submitted to OMB for approval, the FCC highlighted the following five changes to the form: · Advertising Nondiscrimination Certification – The application requires the licensee to certify that its advertising sales contracts do not discriminate on the basis of race or ethnicity and that those contracts contain required nondiscrimination clauses. Prohibited discriminatory practices include “no urban/no Spanish” dictates from advertisers or agencies. Broadcasters were required to include a nondiscrimination clause in sales contracts beginning on July 15, 2008. If you anticipate any difficulty in making this certification, please contact your primary attorney in our office as soon as possible. · Adherence to Minimum Operating Schedule Certification – The application also requires the licensee to certify that each station has not been “silent” (or operating for less than its prescribed minimum operating hours) for any period of more than 30 days during the preceding license term. In this regard, please note that the FCC’s rules require all broadcast stations to notify the FCC by no later than the 10th day of limited or discontinued operation and to obtain special temporary authority (“STA”) for limited or discontinued operation of more than 30 days. If you have concerns about certifying that your station has adhered to the minimum operating schedule while you have owned the station during the preceding license term, please contact your primary attorney. The application also requires a certification that the station is currently on the air and has not been “silent” for any consecutive 12-month period during the preceding license term. · Elimination of RF Exhibit Requirement for Full Power Radio Broadcasters – The application eliminates the requirement that a licensee of a full power AM or FM station that is unable to use the application’s RF worksheets to determine compliance with the FCC’s maximum permissible radio frequency electromagnetic exposure limits submit an exhibit to demonstrate compliance. The application continues to require certification that a station complies with maximum permissible RF limits, but no longer requires an RF exhibit. · Clarification of EEO Requirements for LPTV – The application requires an LPTV licensee to certify that it has posted the most recent EEO public file report on the LPTV station’s website (if there is one) only if the LPTV station is part of an employment unit that includes full power stations and the employment unit has five or more full-time employees. Full-service stations and Class A LPTV stations, which are required to prepare EEO public file reports, have been obligated to adhere to these obligations since 2002. · Incorporation of Definition of “Eligible Entity” – The instructions to the FCC’s proposed form are revised to include a definition of “eligible entity” that will apply the FCC’s equity debt plus (EDP) attribution standard to “parties to the application” for purposes of certain representations relating to ownership and character qualifications. In addition, as
in previous cycles, renewal applications will require licensees to provide
various certifications, including the following: ·
FCC Violations During License Term Certification
– All licensees are required to certify whether they have violated the
Communications Act of 1934 or any of the Commission’s rules and regulations
during the preceding license term. Reportable “violations” include
Notices of Violation, Notices of Apparent Liability, Forfeiture Orders, and
other specific preliminary or final findings of violations of the
Communications Act or the FCC’s rules. Letters of Inquiry, self-identified
violations, and violations that may have been discovered in conjunction with
your station’s voluntary participation in an Alternative Broadcast Inspection
Program do not need to be reported. ·
Certification of Compliance by Commercial
Television Stations with Children’s Programming and Advertising Standards
– Each commercial TV and Class A TV station must certify that it has not
broadcast more than 12 minutes of commercial matter per hour on weekdays and
10.5 minutes per hour on weekends during children’s programming that is
produced and broadcast primarily for an audience of children 12 and
under. The limits are prorated for programs less than an hour.
Additionally, each commercial TV and Class A TV
station must certify that it has filed its quarterly Children’s Television
Programming Reports (FCC Form 398) as required by the FCC’s rules. · Environmental Effects Certification – Each station must certify that its facilities comply with current RF exposure guidelines. The “RF Worksheet” included with the application’s instructions has in the past required significant coordination and review by broadcast engineers. · Public Inspection File Certification – Each station is required to certify whether it has placed in its local public inspection file, at the appropriate times, all required material specified in the FCC rules. Please take time now to review your station’s public file carefully to ensure that all information is in the file as required. A checklist of material required to be placed in the public file and when, if at all, such material may be removed is available from our office upon request. IV.
Broadcast Equal Opportunity Program
Report – FCC Form 396 Every station or multi-station employment unit with five or more full-time employees must file a Broadcast Equal Opportunity Report and include a copy of the EEO public file report for the year ending at the time the renewal application is filed and for the preceding year. The section of Form 396 entitled “Discrimination Complaints” requires information about all pending or resolved employment discrimination complaints, whether the complaint was filed with a state or federal agency. Please review your files for information about any pending or resolved employment discrimination complaints during the preceding license term and consult with your primary attorney about how to complete this section. V.
Ownership Report In the past,
unless a group owner with stations in more than one state had selected a
different company-wide filing date, a biennial Ownership Report was generally
required to be filed in connection with the filing of a renewal
application. With the adoption of the standardized biennial filing date
for commercial broadcast stations, all of whom will file their next biennial
Ownership Reports on November 1, 2011, this is no longer the case for
commercial licensees. However, non-commercial licensees generally
continue to file biennial Ownership Reports on the anniversary of the filing
of their renewal application and will file their biennial Ownership Reports
with their renewal applications. VI.
Conclusion Although many of the questions in the renewal application seem simple on the surface, the basis for your answers may require a great deal of investigation and preparation. We will provide further guidance as your station-specific renewal deadline approaches. For now, we encourage you to begin reviewing the requirements discussed in this memorandum and to start assembling and organizing any files or documents that will be necessary to complete the license renewal application. If you have any preliminary questions about the materials needed for your license renewal application or your license renewal application filing deadline, please do not hesitate to contact us. November 16, 2010 |
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2010, Lerman Senter PLLC 2000 K Street NW,
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