FCC Seeks Comments on the Necessity for, and Burden of, Maintaining Public Inspection Files by Broadcast Licensees Comments Due June 17, 2011
The FCC recently announced that it is soliciting comments regarding its requirement that broadcasters maintain public inspection files.  Comments are due June 17, 2011. Specifically, the Commission is seeking comments on: Whether the public inspection file rule is necessary for the proper performance of the FCC’s functions, including whether the information required to be placed in a station’s file has “practical utility.” Ways to enhance the quality, utility, and clarity of the information collected. How to minimize the burden that maintenance of the public inspection file places on broadcast stations, and, particularly, on “smaller broadcasters” (those with fewer than 25 employees). The Commission estimates that each broadcaster spends between 2.5 and 109 hours annually maintaining its public inspection file, and that the total annual burden of the public inspection file rule is 1,831,706 hours.  Despite this staggering total hours figure, the FCC claims that the annual cost incurred by licensees for compliance with the public file obligations is “none.”  Although it does not offer any explanation of how it arrived at these figures, the FCC seeks comments on their accuracy. The Commission adopted a set of “enhanced disclosure” requirements for television stations in 2008 that would require licensees to post significant portions of the public file online, and to use a standardized version of the quarterly programming report to document various types of programming carried in response to local issues.  Those requirements have not yet received the necessary regulatory approval to become effective.  Nevertheless, the Commission has not abandoned consideration of imposing similar requirements on radio stations as well.  Licensees may want to take this opportunity to present to the Commission information regarding the costs and burdens imposed by the existing public file rule, and the adverse consequences that additional obligations, such as those awaiting implementation for television stations, could have on radio stations, especially on smaller operations that may still be struggling in the present economy. If you have questions about this proceeding, or would like to file comments with the FCC, please contact any attorney in our office. May 2, 2011
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