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Advisories
Important Dates for Broadcasters in 2008
01.24.08
By Broadcast group

2008 promises to be a busy year for broadcasters, with elections, the ongoing transition to digital television, cable carriage elections for television stations, and new EEO filings triggered at the mid-point of license terms for radio stations in a number of states. Amidst all of this activity, broadcasters are dealing with the regular quarterly and annual filings, such as children's programming reports, EEO public file reports, ownership reports and annual FCC regulatory fees that will be required over the course of the year.

This bulletin provides busy broadcasters a useful preview of, and some guidance for, many of the important dates that are already on the calendar. The calendar in this bulletin is not meant to be exhaustive. Some of these dates will change and additional filing deadlines will be added, however, the calendar will provide broadcasters a roadmap for some of the larger issues that are already visible on the horizon.

The issue to note in particular is the future addition of disclosure requirements for full-power television and Class A low power television stations. The Commission has adopted, but not yet released, rules that will require the posting of at least some portion of the television station public inspection file on the station's website, if it has one. The Commission has also adopted, but not yet released, a standardized form for the quarterly reporting of programs aired by television stations responsive to the needs and interests of their communities. Once these rules and forms are available and become effective, television stations will have additional filing obligations and public file requirements, which are not reflected in this advisory. Additional information about these obligations will be released in subsequent advisory bulletins and on our blog at www.broadcastlawblog.com.

This year, the election calendar will set lowest unit rate periods for broadcasters around the country—45 days before each primary and 60 days before the general election. That period began in 2007 for the presidential primaries in many states, including those holding their primaries on Super Tuesday, Feb. 5. We have tried to note the dates for the commencement of the lowest unit rate period for other federal elections on this schedule. However, many of the primary dates are subject to change, and there may be other windows not noted on this list for lowest unit rate periods preceding state and local elections. Remember, political windows set the time during which stations must apply lowest unit rates to political candidates (federal, state and local) who buy time on a station. Other political rules, including reasonable access and equal opportunities, apply even outside of the 45- and 60-day windows, as soon as you have legally qualified candidates. See our Political Broadcasting Guide,  for more information about political broadcasting topics.

Given all the controversy about music royalty issues that we heard about in 2007, and which may continue into the new year with respect to the debate over the performance royalty for over-the-air broadcasting, we have also included as a reminder the monthly obligations to pay SoundExchange royalties for streaming of music on the Internet. Also remember that, for at least two weeks each quarter, reports must be filed with SoundExchange on the actual songs you streamed on the Internet. Information about these obligations can be found under the topic “Internet Radio” on our blog, www.broadcastlawblog.com/articles/internet-radio. In addition, forms for these filings can be found on SoundExchange's website: www.soundexchange.com.

Here are some of the important dates for 2008:

January 2008

FCC Deadlines:

  • January 10 – FCC Form 398 Children's Television Programming Reports Due. By Jan.10, all commercial full-power television stations and Class A LPTV stations must prepare and file an FCC Form 398 Children's Programming Report for the fourth quarter of 2007 with the FCC.

  • January 10 – Children's Television Commercial Limitations Certification. In addition to broadcasting programming responsive to the educational and informational needs of children, the FCC's rules limit the amount of commercial material that can be aired during programming aimed at children. In order to demonstrate compliance with this rule, stations must prepare and place proof of compliance with the commercial limitations in the public inspection file every quarter. Thus, by Jan. 10, stations must prepare and place in their public inspection files proof of compliance with the children's television commercial limitations for the fourth quarter of 2007.

  • January 10 – Quarterly Issues Programs Lists. By Jan. 10, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of October, November and December dealing with those issues.

  • January 10 – Class A LPTV Stations Demonstration of Continuing Compliance. The FCC requires that Class A TV stations maintain in their public files sufficient information to demonstrate their continuing eligibility for Class A status—e.g., that they have broadcast three hours per week of local programming, broadcast 18-hours a day, and otherwise observed the rules that apply to full-power TV stations. While the FCC has not mandated that this report or certification be made quarterly, the preparation of the Quarterly Issues Programs lists would seem to provide a good opportunity to prepare such documentation. Accordingly, by this date, Class A stations are encouraged to prepare and place in their public inspection files information sufficient to support their continued eligibility for Class A status.

Political Windows for Lowest Unit Rates:

  • January 19 – Lowest Unit Rate Window Opens. Jan. 19 is the first day of the Lowest Unit Rate period for the presidential primaries and caucuses to be held on March 4. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on March 4 are: Ohio, Rhode Island, Texas, and Vermont.

  • January 19 – Lowest Unit Rate Window Opens. Jan. 19 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on March 4. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on March 4 are: Ohio and Texas.

  • January 23 – Lowest Unit Rate Window Opens. Jan. 23 is the first day of the Lowest Unit Rate period for the presidential primaries and caucuses to be held on March 8. According to the list of presidential primary and caucus dates available on the website of the Federal Election Commission, states holding their primary or caucus on March 8 are: Wyoming (Democratic candidates only).

  • January 24 – Lowest Unit Rate Window Opens. Jan. 24 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on March 9. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on March 9 are: Puerto Rico.

  • January 26 – Lowest Unit Rate Window Opens. Jan. 26 is the first day of the Lowest Unit Rate period for the presidential primaries and caucuses to be held on March 11. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on March 11 are: Mississippi.

Other Deadlines:

  • January 14 – Copyright Royalties for Internet Streaming.  By Jan. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Nov. 30, 2007.

  • January 31 – Copyright Royalties for Internet Streaming. By Jan 31, webcasters, including radio stations simulcasting their programming on the Web, must pay the minimum annual copyright royalty fee of $500 per channel or per station to SoundExchange.

February 2008

FCC Deadlines:

  • February 1 – Biennial Ownership Reports Due for Select States. By Feb. 1, radio stations in Arkansas, Louisiana, Mississippi, New Jersey, and New York, and television stations in Kansas, Nebraska, and Oklahoma must prepare and file electronically an FCC Form 323 Biennial Ownership Report with the FCC. Similarly, noncommercial stations in these states must file a Biennial Ownership Report on FCC Form 323-E.

  • February 1 – Annual EEO Public File Report. By Feb. 1, radio and television Station Employment Units in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma must place in their Public Inspection File and post on their website, if they have a website, their FCC Annual EEO Public File Report.

  • February 1 – FCC Form 397 Mid-Term EEO Report Due for Select States. In addition to preparing the Annual EEO Public File Report, by Feb. 1, radio stations in Arkansas, Louisiana, and Mississippi with eleven or more full-time employees must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.

  • February 18 – FCC Form 387 DTV Status Report Due. By Feb. 18, all full-power television stations—including those that have completed the DTV transition and are licensed on their post-transition DTV channel— must prepare and file electronically an FCC Form 387 DTV Status Report with the FCC detailing the status of the station's conversion to digital television consistent with the Feb.17, 2009 deadline for the termination of analog broadcasting.

Other Deadlines:

  • February 14 – Copyright Royalties for Internet Streaming.  By Feb. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Dec. 31, 2007.

March 2008

FCC Deadlines:

None

Political Windows for Lowest Unit Rates:

  • March 8 – Lowest Unit Rate Window Opens. March 8 is the first day of the Lowest Unit Rate Period for the presidential primaries and caucuses to be held on April 22. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on April 22 are: Pennsylvania.

  • March 14 – Lowest Unit Rate Window Opens. March 14 is the first day of the Lowest Unit Rate Period for the presidential primaries and caucuses to be held on April 28. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on April 28 are: Washington (Democratic candidates only).

  • March 19 – Lowest Unit Rate Window Opens. March 19 is the first day of the Lowest Unit Rate Period for the presidential primaries and caucuses to be held on May 3. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on May 3 are: Guam (Democratic candidates only).

  • March 22 – Lowest Unit Rate Window Opens. March 22 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on May 6. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on May 6 are: Indiana and North Carolina.

  • March 22 – Lowest Unit Rate Window Opens. March 22 is the first day of the Lowest Unit rate period for the presidential primaries and caucuses to be held on May 6. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on May 6 are: Indiana and North Carolina.

  • March 29 – Lowest Unit Rate Window Opens. March 29 is the first day of the Lowest Unit rate period for the presidential primaries and caucuses to be held on May 13. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on May 13 are: Nebraska and West Virginia.

  • March 29 – Lowest Unit Rate Window Opens. March 29 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on May 13. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on May 13 are: Nebraska and West Virginia.

Other Deadlines:

  • March 16 – Copyright Royalties for Internet Streaming. By March 16, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Jan. 31, 2008.

April 2008

FCC Deadlines:

  • April 1 – Biennial Ownership Reports Due for Select States. By April 1, radio stations in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee, and television stations in Texas must prepare and file electronically an FCC Form 323 Biennial Ownership Report with the FCC. Similarly, noncommercial stations in these states must file a Biennial Ownership Report on FCC Form 323-E.

  • April 1 – Annual EEO Public File Report. By April 1, radio and television Station Employment Units in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas and must place in their Public Inspection File and post on their website, if they have a website, their FCC Annual EEO Public File Report.

  • April 1 – FCC Form 397 Mid-Term EEO Report Due for Select States. In addition to preparing the Annual EEO Public File Report, by April 1, radio stations in Indiana, Kentucky, and Tennessee must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.

  • April 10 – FCC Form 398 Children's Television Programming Reports Due. By April 10, all commercial full-power television stations and Class A LPTV stations must prepare and file an FCC Form 398 Children's Programming Report for the first quarter of 2008 with the FCC.

  • April 10 – Children's Television Commercial Limitations Certification. In addition to broadcasting programming responsive to the educational and informational needs of children, the FCC's rules limit the amount of commercial material that can be aired during programming aimed at children. In order to demonstrate compliance with this rule, stations must prepare and place proof of compliance with the commercial limitations in the public inspection file every quarter. Thus, by April 10, stations must prepare and place in their public inspection files proof of compliance with the children's television commercial limitations for the First Quarter of 2008.

  • April 10 – Quarterly Issues Programs Lists. By April 10, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of January, February, and March dealing with those issues.

  • April 10 – Class A LPTV Stations Demonstration of Continuing Compliance. The FCC requires that Class A TV stations maintain in their public files sufficient information to demonstrate their continuing eligibility for Class A status—e.g., that they have broadcast three hours per week of local programming, broadcast 18-hours a day, and otherwise observed the rules that apply to full-power TV stations. While the FCC has not mandated that this report or certification be made quarterly, the preparation of the Quarterly Issues Programs lists would seem to provide a good opportunity to prepare such documentation. Accordingly, by this date, Class A stations are encouraged to prepare and place in their public inspection files information sufficient to support their continued eligibility for Class A status.

Political Windows for Lowest Unit Rates:

  • April 5 – Lowest Unit Rate Window Opens. April 5th is the first day of the Lowest Unit rate period for the presidential primaries and caucuses to be held on May 20. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on May 20 are: Kentucky and Oregon.

  • April 5 – Lowest Unit Rate Window Opens. April 5 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on May 20. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on May 20 are: Arkansas, Kentucky, and Oregon.

  • April 12 – Lowest Unit Rate Window Opens. April 12 is the first day of the Lowest Unit rate period for the presidential primaries and caucuses to be held on May 27. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on May 27 are: Idaho (Democratic candidates only).

  • April 12 – Lowest Unit Rate Window Opens. April 12 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on May 27. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on May 27 are: Idaho.

  • April 19 – Lowest Unit Rate Window Opens. April 19 is the first day of the Lowest Unit Rate Period for the presidential primaries and caucuses to be held on June 3. According to the list of presidential primary dates available on the website of the Federal Election Commission, states holding their primary or caucus on June 3 are: Montana, New Mexico (Republican candidates only), and South Dakota.

  • April 19 – Lowest Unit Rate Window Opens. April 19 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on June 3. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on June 3 are: Alabama, California, Iowa, Montana, New Jersey, and New Mexico.

  • April 19 – Lowest Unit Rate Window Opens. April 19 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on June 3. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on June 3 are: Iowa, Montana, New Jersey, New Mexico, and South Dakota.

  • April 26 – Lowest Unit Rate Window Opens. April 26 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on June 10. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on June 10 are: Maine, North Dakota, South Carolina, and Virginia.

Other Deadlines:

  • April 14 – Copyright Royalties for Internet Streaming. By April 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Feb. 29, 2008.

May 2008

FCC Deadlines:

  • May 18 – Construction Deadline for Certain DTV Stations. The FCC has set May 18 as the construction deadline for television stations that will use their pre-transition DTV channel for post-transition operations and that held a construction permit that matched their post-transition (DTV Table Appendix B) facilities as of Dec. 31, 2007.

Political Windows for Lowest Unit Rates:

  • May 10 – Lowest Unit Rate Window Opens. May 10 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on June 24. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on June 24 are: Utah.

  • May 31 – Lowest Unit Rate Window Opens. May 31 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on July 15. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on July 15 are: Georgia.

Other Deadlines:

  • May 15 – Copyright Royalties for Internet Streaming. By May 15, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending March 31, 2008.

June 2008

FCC Deadlines:

  • June 1 – Biennial Ownership Reports Due for Select States. By June 1, radio stations in Michigan and Ohio, and television stations in Arizona, District of Columbia, Idaho, Maryland, Nevada, New Mexico, Utah, Virginia, West Virginia, and Wyoming must prepare and file electronically an FCC Form 323 Biennial Ownership Report with the FCC. Similarly, noncommercial stations in these states must file a Biennial Ownership Report on FCC Form 323-E.

  • June 1 – Annual EEO Public File Report. By June 1 radio and television Station Employment Units in Arizona, District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming must place in their Public Inspection File and post on their website, if they have a website, their FCC Annual EEO Public File Report.

  • June 1 – FCC Form 397 Mid-Term EEO Report Due for Select States. In addition to preparing the Annual EEO Public File Report, by June 1, radio stations in Michigan and Ohio must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.

Political Windows for Lowest Unit Rates:

  • June 19 – Lowest Unit Rate Window Opens. June 19 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on July 29. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on July 29 are: Oklahoma.

  • June 21 – Lowest Unit Rate Window Opens. June 21 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Aug. 5. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Aug. 5 are: Michigan and Missouri.

  • June 23 – Lowest Unit Rate Window Opens. June 23 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Aug. 7. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Aug. 7 are: Tennessee.

  • June 28 – Lowest Unit Rate Window Opens. June 28 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on August 12. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Aug. 12 are: Colorado, Connecticut, and Nevada.

Other Deadlines:

  • June 14 – Copyright Royalties for Internet Streaming. By June 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending April 30, 2008.

July 2008

FCC Deadlines:

  • July 10 – FCC Form 398 Children's Television Programming Reports Due. By July 10, all commercial full-power television stations and Class A LPTV stations must prepare and file an FCC Form 398 Children's Programming Report for the second quarter of 2008 with the FCC.

  • July 10 – Children's Television Commercial Limitations Certification. In addition to broadcasting programming responsive to the educational and informational needs of children, the FCC's rules limit the amount of commercial material that can be aired during programming aimed at children. In order to demonstrate compliance with this rule, stations must prepare and place proof of compliance with the commercial limitations in the public inspection file every quarter. Thus, by July 10, stations must prepare and place in their public inspection files proof of compliance with the children's television commercial limitations for the second quarter of 2008.

  • July 10 – Quarterly Issues Programs Lists. By July 10, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of April, May, and June dealing with those issues.

  • July 10 – Class A LPTV Stations Demonstration of Continuing Compliance. The FCC requires that Class A TV stations maintain in their public files sufficient information to demonstrate their continuing eligibility for Class A status—e.g., that they have broadcast three hours per week of local programming, broadcast 18-hours a day, and otherwise observed the rules that apply to full-power TV stations. While the FCC has not mandated that this report or certification be made quarterly, the preparation of the Quarterly Issues Programs lists would seem to provide a good opportunity to prepare such documentation. Accordingly, by this date, Class A stations are encouraged to prepare and place in their public inspection files information sufficient to support their continued eligibility for Class A status.

Political Windows for Lowest Unit Rates:

  • July 5 – Lowest Unit Rate Window Opens. July 5 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Aug. 19. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Aug. 19 are: Washington and Wyoming.

  • July 12 – Lowest Unit Rate Window Opens. July 12 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Aug. 26. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Aug. 26 are: Alaska and Florida.

  • July 19 – Lowest Unit Rate Window Opens. July 19 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Sept. 2. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on September 2 are: Arizona.

  • July 23 – Lowest Unit Rate Window Opens. July 23 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Sept. 6. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Sept. 6 are: Guam and Louisiana.

  • July 26 – Lowest Unit Rate Window Opens. July 26 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Sept. 9. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Sept. 9 are: Delaware, D.C., Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Wisconsin.

  • July 30 – Lowest Unit Rate Window Opens. July 30 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Sept. 13. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Sept. 13 are: Virgin Islands.

Other Deadlines:

  • July 15 – Copyright Royalties for Internet Streaming. By July 15, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending May 31, 2008.

  • July 31 – Copyright Royalty Claims Due for Eligible Television Stations. Parties interested in seeking compensation from the cable and satellite royalty funds for the year 2007 must file the appropriate form with the Copyright Royalty Board by July 31, 2008. Under the Copyright Act, cable systems and satellite operators that retransmit over-the-air broadcast television signals to the public must pay a compulsory fee to the Copyright Royalty Board each year. In turn, the copyright holders whose works were contained in those broadcasts may seek compensation for the retransmission of the work.

    Accordingly, television stations with programming that they have produced and for which they hold the copyright, and whose signals were either carried as a distant signal on a cable system in 2007, or were rebroadcast by a direct-to-home satellite television carrier is eligible to file a claim for compensation with the Copyright Royalty Board. The royalties paid as a result of such a claim compensates the television station for the rebroadcast of their copyrighted material as a distant signal on the cable system or by the satellite operator.

    Claims may be filed during the month of July either online at the Copyright Royalty Board website, http://www.loc.gov/crb/claims/, or in paper with the Copyright Royalty Board, located at the Library of Congress in Washington, DC. Online requests must be received no later than 5 p.m. E.D.T. on July 31; hand delivered claims no later than 5 p.m. E.D.T. on July 31; claims delivered by commercial courier no later than 4 p.m. E.D.T. on July 31; and if by U.S. mail the claim must have sufficient postage and bear a July USPS postmark. Federal Express, United Parcel Service and similar overnight delivery services may not be used for the filing of these claims.

August 2008

FCC Deadlines:

  • August 1 – Biennial Ownership Reports Due for Select States. By Aug. 1, radio stations in Illinois and Wisconsin, and television stations in California, North Carolina, and South Carolina must prepare and file electronically an FCC Form 323 Biennial Ownership Report with the FCC. Similarly, noncommercial stations in these states must file a Biennial Ownership Report on FCC Form 323-E.

  • August 1 – Annual EEO Public File Report. By Aug. 1, radio and television Station Employment Units in California, Illinois, North Carolina, South Carolina, and Wisconsin must place in their Public Inspection File and post on their website, if they have a website, their FCC Annual EEO Public File Report.

  • August 1 – FCC Form 397 Mid-Term EEO Report Due for Select States. In addition to preparing the Annual EEO Public File Report, by Aug. 1, radio stations in Illinois and Wisconsin with eleven or more full-time employees must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.

  • August 18 – Construction Deadline for Certain DTV Stations. The FCC has set Aug. 18 as the construction deadline for television stations that will use their pre-transition DTV channel for post-transition operations, but which did not hold a construction permit that matched their post-transition (DTV Table Appendix B) facilities as of Dec. 31, 2008.

Political Windows for Lowest Unit Rates:

  • August 2 – Lowest Unit Rate Window Opens. Aug. 2 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Sept. 16. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Sept. 16 are: Massachusetts.

  • August 6 – Lowest Unit Rate Window Opens. Aug. 6 is the first day of the Lowest Unit Rate Period for the congressional primaries to be held on Sept 20. According to the list of congressional primary dates available on the website of the Federal Election Commission, states holding their primary on Sept. 20 are: Hawaii.

Other Deadlines:

  • August 14 – Copyright Royalties for Internet Streaming. By Aug. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending June 30, 2008.

September 2008

FCC Deadlines:

  • September – Annual FCC Regulatory Fees Due. Although the precise date will not be determined until the summer, the deadline for paying the FCC's Annual Regulatory Fees is typically mid-September. Broadcasters must pay their FCC Annual Regulatory Fees by the deadline established by the FCC, or else face a 25 percent penalty, and the possible delay or dismissal of any pending applications. The Annual Regulatory Fees will cover the period from Oct. 1, 2007 through Sept. 30, 2008.

Political Window for Lowest Unit Rates:

  • September 5 – Lowest Unit Rate Window for November 4 General Election Opens. Sept. 5 marks sixty days before the Nov. 4 general election, which means that stations must offer qualified candidates the lowest unit rate from Sept. 5 through the election.

Other Deadlines:

  • September 14 – Copyright Royalties for Internet Streaming. By Sept. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending July 31, 2008.

October 2008

FCC Deadlines:

  • October 1 – Must-Carry / Retransmission Consent Election. By Oct. 1, full-power television stations must make an election between retransmission consent and must-carry for all local cable systems and satellite television providers. This election will be effective for the three-year period between Jan. 1, 2009 and Dec. 31, 2011.

  • October 1 – Biennial Ownership Reports Due for Select States. By Oct. 1, radio stations in Iowa and Missouri, and television stations in Alaska, American Samoa, Florida, Guam, Hawaii, Mariana Islands, Oregon, Puerto Rico, Virgin Islands and Washington must prepare and file electronically an FCC Form 323 Biennial Ownership Report with the FCC. Similarly, noncommercial stations in these states must file a Biennial Ownership Report on FCC Form 323-E.

  • October 1 – Annual EEO Public File Report. By Oct. 1, radio and television Station Employment Units in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Mariana Islands, Missouri, Oregon, Puerto Rico, Virgin Islands and Washington must place in their Public Inspection File and post on their website, if they have a website, their FCC Annual EEO Public File Report.

  • October 1 – FCC Form 397 Mid-Term EEO Report Due for Select States. In addition to preparing the Annual EEO Public File Report, by Oct. 1, radio stations in Iowa and Missouri must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.

  • October 10 – FCC Form 398 Children's Television Programming Reports Due. By Oct. 10, all commercial full-power television stations and Class A LPTV stations must prepare and file an FCC Form 398 Children's Programming Report for the third quarter of 2008 with the FCC.

  • October 10 – Children's Television Commercial Limitations Certification. In addition to broadcasting programming responsive to the educational and informational needs of children, the FCC's rules limit the amount of commercial material that can be aired during programming aimed at children. In order to demonstrate compliance with this rule, stations must prepare and place proof of compliance with the commercial limitations in the public inspection file every quarter. Thus, by Oct. 10, stations must prepare and place in their public inspection files proof of compliance with the children's television commercial limitations for the third quarter of 2008.

  • October 10 – Quarterly Issues Programs Lists. By Oct. 10, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of July, August, and September dealing with those issues.

  • October 10 – Class A LPTV Stations Demonstration of Continuing Compliance. The FCC requires that Class A TV stations maintain in their public files sufficient information to demonstrate their continuing eligibility for Class A status—e.g., that they have broadcast three hours per week of local programming, broadcast 18-hours a day, and otherwise observed the rules that apply to full-power TV stations. While the FCC has not mandated that this report or certification be made quarterly, the preparation of the Quarterly Issues Programs lists would seem to provide a good opportunity to prepare such documentation. Accordingly, by this date, Class A stations are encouraged to prepare and place in their public inspection files information sufficient to support their continued eligibility for Class A status.

  • October 20 – Form 387 Update of DTV Status Report. Television station licensees are obligated to keep the FCC updated as to the progress of their transition to DTV in advance of the Feb. 17, 2009 deadline for the termination of analog broadcasting. Stations must update their Form 387 Status Report as events warrant, but in any event, they must update the Commission by Oct. 20, 2008 if they have not completed construction by this date.

Other Deadlines:

  • October 15 – Copyright Royalties for Internet Streaming. By Oct. 15, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Aug. 31, 2008.

November 2008

FCC Deadlines:

None

Political Window for Lowest Unit Rates:

  • November 4 – General Election.

Other Deadlines:

  • November 14 – Copyright Royalties for Internet Streaming. By Nov. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Sept. 30, 2008.

December 2008

FCC Deadlines:

  • December 1 – FCC Form 317 Due for DTV Stations. By Dec. 1, 2007 , licensees and permittees of commercial and noncommercial digital television stations must file an FCC Form 317 electronically reporting on whether the station has provided any ancillary and supplementary services during the twelve-month period ending on Sept. 30, 2008. In addition, if the station did provide such services and generated any revenue from such services, then the station must also remit the required fee, equivalent to 5 percent of the gross revenues derived from such service, to the FCC by Dec. 1.

  • December 1 – Biennial Ownership Reports Due for Select States. By Dec. 1, radio stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota, and television stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont must prepare and file electronically an FCC Form 323 Biennial Ownership Report with the FCC. Similarly, noncommercial stations in these states must file a Biennial Ownership Report on FCC Form 323-E.

  • December 1 – Annual EEO Public File Report. By Dec. 1, radio and television Station Employment Units in Alabama, Colorado, Connecticut, Georgia, Massachusetts, Maine, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont must place in their Public Inspection File and post on their website, if they have a website, their FCC Annual EEO Public File Report.

  • December 1 – FCC Form 397 Mid-Term EEO Report Due for Select States. In addition to preparing the Annual EEO Public File Report, by Dec. 1 radio stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.

Other Deadlines:

  • December 15 – Copyright Royalties for Internet Streaming. By Dec. 15, 2008, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Oct. 31, 2008.

January 2009

FCC Deadlines:

  • January 10 – FCC Form 398 Children's Television Programming Reports Due. By Jan. 10, all commercial full-power television stations and Class A LPTV stations must prepare and file an FCC Form 398 Children's Programming Report for the fourth quarter of 2008 with the FCC.

  • January 10 – Children's Television Commercial Limitations Certification. In addition to broadcasting programming responsive to the educational and informational needs of children, the FCC's rules limit the amount of commercial material that can be aired during programming aimed at children. In order to demonstrate compliance with this rule, stations must prepare and place proof of compliance with the commercial limitations in the public inspection file every quarter. Thus, by January 10, stations must prepare and place in their public inspection files proof of compliance with the children's television commercial limitations for the fourth quarter of 2008.

  • January 10 – Quarterly Issues Programs Lists. By Jan. 10, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of October, November, and December dealing with those issues.

  • January 10 – Class A LPTV Stations Demonstration of Continuing Compliance. The FCC requires that Class A TV stations maintain in their public files sufficient information to demonstrate their continuing eligibility for Class A status—e.g., that they have broadcast three hours per week of local programming, broadcast 18-hours a day, and otherwise observed the rules that apply to full-power TV stations. While the FCC has not mandated that this report or certification be made quarterly, the preparation of the Quarterly Issues Programs lists would seem to provide a good opportunity to prepare such documentation. Accordingly, by this date, Class A stations are encouraged to prepare and place in their public inspection files information sufficient to support their continued eligibility for Class A status.

Other Deadlines:

  • January 14 – Copyright Royalties for Internet Streaming. By Jan. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Nov. 30, 2008.

February 2009

FCC Deadlines:

  • February 17 –  Analog Television Broadcasting Ceases. By Feb. 17, full-power television stations must convert their over-the-air broadcast operations to d igital  and cease broadcasting in analog.

Other Deadlines:

  • February 14 – Copyright Royalties for Internet Streaming. By Feb.14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Dec. 31, 2008.

For more information about these deadlines or issues, please contact any of the lawyers in the Davis Wright Tremaine LLP Broadcast Practice Area or visit our blog at www.broadcastlawblog.com throughout the year.

Disclaimer

This advisory is a publication of Davis Wright Tremaine LLP. Our purpose in publishing this advisory is to inform our clients and friends of recent legal developments. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations.