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Annual DTV
Ancillary/Supplementary Services Reports and Fees Requirement Expanded To Licensed Digital Class A, LPTV, and TV
Translator Stations |
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By
December 1, 2011 all commercial and non-commercial digital television broadcast
stations must file the annual DTV Ancillary/Supplementary Services Report,
FCC Form 317, indicating whether the station provided ancillary or
supplementary digital services at any time between October 1, 2010 and
September 30, 2011. Any station that provided ancillary or
supplementary services must also remit a fee equal to 5% of the gross revenue
it received from such services through subscription charges or fees or from
third party compensation. FCC Form 317 must be filed electronically
through the FCC’s electronic consolidated database system (CDBS). Ancillary
or supplementary services include, but are not limited to, computer software
distribution, data transmissions, teletext, interactive materials, paging
services, and subscription video. Ancillary and supplementary services do
not include free broadcast programming streams. Thus, free
multicast programming streams are not to be reported. The
Commission has expanded the types of digital stations subject to the
ancillary or supplementary services reporting requirement this year.
Form 317 must now be filed for every: ·
Full power
commercial and noncommercial television station operated pursuant to an FCC
license or permit, including special temporary authority (“STA”); and ·
Digital Class A, low
power television, and television translator station operating pursuant to an
FCC license. Although
the Commission’s digital low power television Order, released in
July 2011, indicated that low power stations operating pursuant to a permit,
including an STA, but not yet licensed, would be required to file a report
for the year ending September 30, 2011, that requirement has not yet
been approved by the U.S. Office of Management and Budget and cannot be
enforced. If you have any questions concerning the preparation or
filing of Annual DTV Ancillary/Supplementary Services Reports, or whether
fees are due for your station(s), please contact your primary attorney in our
office. October 31, 2011 |
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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 © 2011, Lerman Senter PLLC 2000 K Street NW,
Suite 600 | Washington, DC 20006-1809 To Unsubscribe: Unsubscribe | To Update Client Info: Update Client Info |
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