Essential Steps for Broadcasting License Renewal Preparation

Getting Ready for License Renewal Presented by David Oxenford doxenford@wbklaw.com www.broadcastlawblog.com 202-383-3337 State Broadcast Association Webinar November 15, 2018

RememberLicense Renewal? Cycle starts June 2018 for Radio, and June 2019 for TV States on the call, radio renewal filing dates: Mississippi and Louisiana Feb 1, 2020 Indiana April 1, 2020 Michigan June 1, 2020 Wisconsin August 1, 2020 North Dakota December 1, 2020 Maine December 1, 2021 Pennsylvania April 1, 2021

Why Should We Start Thinking About It Now? Time to correct issues that may exist Online Public File will bring far greater scrutiny Political climate may trigger questions Lots of little issues that can trip you up and certifications raise issues To some degree, we are guessing as new forms are not out but most questions will not significantly change from prior cycle

NO LICENSE, NO STATION, NO JOB License renewal is vital to the continued operation of your Station If you don t file, the FCC can take away your station s authority to operate If you forget to file, or file late, the FCC is likely to assess a significant fine The FCC will not permit you to close on a sale or purchase while the renewal is pending. Delays in getting your renewal granted can delay sales and other regulatory approvals

Most Important Thing? Be truthful Lots of certifications that, if untrue, can be seen as a lie to the FCC Lying ( misrepresentation and lack of candor ) can cause you to lose a license, while rule violations usually only result in a fine Online Public File makes false certifications that would have been ignored in the past much more transparent and the FCC is likely to review

While No One Used to Look at the Public File . All online now - accessible from anywhere at any time FCC applications should generally be uploaded automatically LMAs/JSAs Contracts relating to station ownership and control Articles and By- Laws, Stock Pledges, other documents that put significant restraints on your unencumbered operations must have list in file and actual documents must be made available in a week upon request, if not in the file Documents about FCC investigations including EEO audits need to be in the file Political documents Quarterly Issues Programs Lists EEO Annual Reports TV children s television commercial limits documentation

What you did and when you did it - Quarterly Issues Programs Lists Don t forget Quarterly Issues Programs lists they are your official record of public service programming 10 days after the end of each quarter they go in your public file 5 to 10 most important issues in your community and the programs that you broadcast to address those issues Every full-power station should have them these are the only official documents of how you served the public interest Biggest source of fines last renewal cycle for commercial and noncommercial stations Fines up to $15,000 per station for no Quarterly Issues Programs lists in the Public File

That Old Favorite - EEO Every renewal application is scrutinized for EEO Compliance You file 2 years of Annual Public File Reports with the renewal so hiring done now for many stations on this call will be scrutinized Be sure to widely disseminate information about all job openings, absent unique circumstances Don t rely just on in-house sources make sure your sources work by bringing in outside interviewees Not focused on minority hiring but instead on reaching out to all community groups

Antidiscrimination Certification Must include a clause in contracts that says you don t discriminate in the sale of advertising, and that the advertisers don t either If you don t have sales contracts, put it on other sales documents (but think about some form of contract) Must make sure that rep firms and other agents do the same with their customers when selling on behalf of the station

Certifications Galore All Ownership reports filed Children s TV reports for TV stations No fines by FCC Station is on the air Station has not been off the air for substantial periods big issue in past renewal cycles especially for silent AM stations RF radiation compliance No character issues felonies, media antitrust, discrimination, fraud before government agency

PLANNING: AVOID UNPLEASANT SURPRISES RESEARCH NOW Task the station engineer with completing an RF radiation analysis of your site to assure that there are no changes, or that it is in compliance using the FCC s worksheets. Set an early deadline so corrective action can be taken if necessary Send each officer, director or other person or entity holding an attributable interest in the licensee a background questionnaire to check on character issues Set an early deadline for responses; push to get them back.

PLANNING: WHO ARE YOU? GET THE DETAILS RIGHT Licensee Name Legal Address Call Letters City of License Pay Your Fees: Red Light Issue will hold you up If there are inconsistencies, get them corrected before you file! Key identifiers needed to file: FIN: Facility ID Number FRN: FCC Registration Number CDBS: Commission Database Broadcast System Password LMS new database that may be used if new application developed used earlier this year for ownership reports

PLANNING: MORE PREPARATION Inventory all licenses Main station license Boosters Translators Auxiliaries STLs, RPUs, Inter-city Microwave Non-broadcast Are they current and cover all activities of the station?

PROCESS: STEP 1 -PRE-FILING ANNOUNCEMENTS Air on the first and 16thof the two months preceding the filing of the renewal Starts in April of this year for radio in Mid-Atlantic states Standard announcement text set out by the FCC - tells listeners that you will be filing your renewal, that they can look at your public file, and that they can file comments on our renewal For radio, run two announcements between 7:00 and 9:00 am and/or 4:00 and 6:00 pm If you are not on the air during those hours, run at least 2 during the first 2 hours you are on the air For TV, at least two between 6-11 PM (5-10 Central and Mountain times) Keep copies of text and times for subsequent certification

PROCESS: STEP 2 FILE THE RENEWAL Keep alert for due dates for your state Watch translators if same state as primary station, probably filed on same form if in different state with earlier renewal, needs to file separately Need to file EEO Form 396 with the Renewal Electronic filing must be filed electronically With a filing fee Then run post-filing announcements for three months, on the 1stand 16thof each month

Post-filing Announcements Post-Filing Announcements First and 16thof three months starting with day of renewal filing Radio At least three to air between 7:00 9:00 am, and/or 4:00 6:00 pm At least one in each of these time: between 9:00 am noon, noon 4:00 pm, and 7:00 pm midnight TV At least 3 between 6:00-11:00 PM (5-10 PM Central and Mountain) At least one each between 9 AM and 1 PM, 1 PM to 5 PM, and between 5 PM to 7 PM Statement of Compliance must be placed in public file within 7 days of airing last announcement

PROCESS: STEP THREE -WAIT The Public can file comments for three months after you file If you file late, the public gets more time to object Any objection will take months (maybe years) to resolve The FCC may have questions too especially if there are enforcement issues (still renewals pending from last cycle, mostly based on stations with extended off-air periods, prior cycles delayed by indecency issues) Other issues may take months to resolve If no issues look for renewal grant a little less than 4 months after filing just before license expires If you don t see it ask why it s held up

THINGS TO WORRY ABOUT LICENSE RENEWAL ISSUES Certifications and Public File Being truthful General compliance issues including being on-air for extended periods during license term Petitions Don t forget the fee and Form 159!

Getting Ready for License Renewal State Association Webinar November 15, 2018 Presented by David Oxenford 202-383-3337 doxenford@wbklaw.com www.broadcastlawblog.com