Advisories
Communications

Important Dates for Broadcasters in 2011

By DWT Broadcast Group
01.03.11
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2011 promises to be another busy year for the broadcast industry as the cycle of license renewals starts anew with the first group of stations due to file renewal applications in June 2011. This advisory provides broadcasters with a useful preview of, and some guidance for, many of the important Federal Communications Commission (FCC) compliance-related dates, and other deadlines broadly applicable to significant portions of the broadcast industry. The calendar shown below is not intended to be exhaustive. Some of these dates will change and additional filing deadlines may be imposed. However, the calendar is intended to be a road map for some of the more critical deadlines that are already known.

In addition to the start of the license renewal cycle, the FCC has a number of significant issues under consideration, including the possibility of incentive auctions and the proposed reclamation of television spectrum, a pending merger that could reshape the landscape of the broadcast and cable industries, and a possible rule making proceeding regarding retransmission consent agreements. The FCC also has a number of pending proceedings that will move ahead in the new year, including an inquiry into the future of media and journalism, a review of the media ownership rules, and implementation of the new white spaces rules.

While the FCC, Congress, and the industry deal with these macro issues, broadcasters will be faced with a number of required filings throughout the year that are critical for FCC compliance and license retention. These include children's programming reports, Equal Employment Opportunity (EEO) public file reports, ownership reports, quarterly issues/programs lists, and annual FCC regulatory fees, all of which are required over the course of the year. This advisory will provide a resource for navigating these compliance deadlines in the busy year ahead. 

A few specific issues are worth mentioning at the outset. First, of particular importance this year is the commencement of the license renewal cycle for radio stations. Apart from the license renewal application itself, the FCC’s rules contain a number of related requirements, including the airing of pre- and post-filing announcements on the station, and the filing of an EEO Program Report in conjunction with the license renewal application to demonstrate compliance with the EEO rules. The calendar shows the applicable state-specific deadlines.

Second, although commercial broadcast stations filed a Biennial Ownership Report on the newly revised FCC Form 323 last summer, the next Biennial Ownership Report is due Nov. 1, 2011. Because of the delay in implementing the new form, the initial biennial report was not filed in 2009 as anticipated. Nevertheless, the two-year reporting cycle is measured from when that original report was supposed to have been filed. Thus, the biennial report must be filed this year, even though it will have been less than two full years since the previous Report. Note, however, that this biennial filing deadline applies to commercial broadcast stations only. Noncommercial broadcast stations should continue to file biennial reports on the anniversary of the license renewal filing date for the station’s state and type of service (radio or TV). The due dates for filing noncommercial ownership reports are shown in the calendar. Although noncommercial broadcasters should continue to use FCC Form 323-E (Noncommercial Ownership Report) for the time being, noncommercial broadcasters should be forewarned that the FCC may switch to a revised version of the Form 323-E and implement a single, consolidated filing date, just as it has done for commercial stations, at some point in the near future. Such a change has been proposed by the FCC, but not yet enacted. 

Third, full power and Class A television stations may have additional public interest requirements imposed in 2011. More than three years ago, the FCC adopted rules to require the posting of at least some portion of a television station’s public inspection file on the station's website, if it has one. The FCC also adopted a standardized form for the quarterly reporting of television programs responsive to the needs and interests of the station’s area of license. To date, neither of these requirements has gone into effect, as they have not yet been approved by the Office of Management and Budget. If these rules become effective, television stations will have additional filing obligations and public file requirements that are not reflected in this advisory. If and when they become effective, additional information about these obligations will be provided in subsequent advisories and on our blog at www.broadcastlawblog.com.

Fourth, the calendar reflects the monthly obligation to pay SoundExchange royalties for streaming of music on the Internet, and the associated requirement to provide information about the songs played on the Internet when that monthly fee is paid.  

Finally, as there are no regularly scheduled federal elections in 2011, there are no lowest unit rate windows reflected in this year’s calendar. However, the Presidential primaries may begin in early Feb. 2012 (and perhaps even Jan. 2012) so lowest unit rate windows for the early primary states could begin in late 2011. Further information will be provided on our blog—www.broadcastlawblog.com—as the primary dates are established. In addition, stations should be alert for state or local elections that might require lowest unit rate spots and raise the full range of political broadcasting issues, such as the Chicago mayoral election scheduled for Feb., with a potential runoff election in April. Similarly, if any vacancies should occur in Congress, a special election may be scheduled to fill any empty seats, which would also trigger the political broadcasting rates and issues for stations serving the affected districts. 

Here are some of the important dates for 2011:
 
Jan. 2011

FCC Deadlines:

  • Jan. 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 2010 with the FCC.

  • Jan. 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 2010.

  • Jan. 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 Oct., Nov. and Dec. dealing with those issues.

  • Jan. 10—Class A TV Stations Demonstration of Continuing Compliance. The FCC requires that all 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, all 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:

  • Jan. 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, 2010, and file Reports of Use providing information about the songs they streamed.  

  • Jan. 31—Copyright Royalty Minimum Fees 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. Small broadcasters (those streaming less than 17,777 aggregate tuning hours each year), who are exempt from reporting to SoundExchange the songs they play, must file a Notice of Election certifying that they still qualify for this exemption by Jan. 31. Noncommercial webcasters, including noncommercial broadcasters who stream their programming on the web, must also file a Notice of Election with SoundExchange in order to be covered by the settlement entered into under the Webcasters Settlement Agreement (except NPR affiliates, whose filing and reporting obligations are covered by an organization appointed by the Corporation for Public Broadcasting and certain other noncommercial broadcasters who, once they elected coverage under a particular royalty settlement agreement, are deemed covered by that settlement unless they notify SoundExchange otherwise).  

Feb. 2011

FCC Deadlines:

  • Feb. 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 Web site, if they have one, their FCC Annual EEO Public File Report.

  • Feb. 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, television stations in New Jersey and New York must also prepare and file electronically with the FCC an FCC Form 397 Mid-Term EEO Report.

  • Feb. 1—FCC Form 323-E Biennial Ownership Reports Due for Noncommercial Stations Only in the Following Select States. By Feb. 1, noncommercial radio stations in Kansas, Nebraska and Oklahoma, and noncommercial television stations in Arkansas, Louisiana, Mississippi, New Jersey, and New York must prepare and file electronically an FCC Form 323-E Biennial Ownership Report with the FCC. Please note, commercial stations now file their biennial ownership reports on a single unified date—Nov. 1, 2011. 

Other Deadlines:

  • Feb. 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, 2010, and file Reports of Use providing information about the songs they streamed. 

March 2011

FCC Deadlines:

  • None.

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, 2011, and file Reports of Use providing information about the songs they streamed.

April 2011

FCC Deadlines:

  • April 1—License Renewal Pre-filing Announcements Begin for Radio Stations in the Following States. On April 1, commercial and noncommercial AM and FM radio stations in Maryland, Virginia, Washington, DC, and West Virginia must begin airing pre-filing announcements to give local notice that the station is preparing to file an FCC Form 303-S license renewal application with the FCC. Consistent with the FCC’s rules, beginning on the first day of the sixth calendar month prior to the expiration of their license, stations must air announcements on the 1st and 16th of each calendar month preceding the filing of their license renewal application to inform the community that the station seeking renewal of its license. The announcements will provide information about the station’s renewal filing and will inform listeners that they can advise the FCC of facts relating to the application or the station’s operation and also visit the station’s public inspection file. For stations in these states, the pre-filing announcements must air on April 1, April 16, May 1, and May 16. 

  • 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 Web site, if they have one, 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, television stations in Delaware and Pennsylvania also prepare and file electronically with the FCC an FCC Form 397 Mid-Term EEO Report.

  • April 1—FCC Form 323-E Biennial Ownership Reports Due for Noncommercial Stations Only in the Following Select States. By April 1, noncommercial radio stations in Texas, and noncommercial television stations in Delaware, Indiana, Kentucky, Pennsylvania and Tennessee must prepare and file electronically an FCC Form 323-E Biennial Ownership Report with the FCC. Please note, commercial stations now file their biennial ownership reports on a single unified date—Nov. 1, 2011. 

  • 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 2011 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 2011.

  • 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 Jan., Feb. and March dealing with those issues.

  • April 10—Class A TV Stations Demonstration of Continuing Compliance. The FCC requires that all 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, all 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.

  • April 16—Second License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Maryland, Virginia, Washington, DC, and West Virginia. See April 1 entry above for more information about this obligation.

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. 28, 2011, and file Reports of Use providing information about the songs they streamed.

May 2011

FCC Deadlines:

  • May 1—Third License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Maryland, Virginia, Washington, DC, and West Virginia. See April 1 entry above for more information about this obligation.

  • May 16—Fourth License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Maryland, Virginia, Washington, DC, and West Virginia. See April 1 entry above for more information about this obligation.

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, 2011, and file Reports of Use providing information about the songs they streamed.

June 2011

FCC Deadlines:

  • June 1—FCC Form 303-S License Renewal Applications due for Radio Stations in the Following States. By June 1, commercial and noncommercial AM and FM radio stations, FM translator stations, and Low Power FM stations in Maryland, Virginia, Washington, DC, and West Virginia must prepare and file with the FCC an FCC Form 303-S license renewal application seeking to renew their station license.

  • June 1—License Renewal Post-filing Announcements Begin for Radio Stations in the Following States. On June 1, stations in Maryland, Virginia, Washington, DC, and West Virginia must begin airing post-filing announcements to give local notice that the station has filed its FCC Form 303-S license renewal application with the FCC. Similar to the pre-filing announcements, the post-filing announcements must air on the 1st and 16th of the calendar months following the filing of the license renewal application. For stations in these states, the post-filing announcements will air on June 1, June 16, July 1, July 16, Aug. 1, and Aug. 16.

  • June 1—License Renewal Pre-filing Announcements Begin for Radio Stations in the Following States. On June 1, commercial and noncommercial AM and FM radio stations in North Carolina and South Carolina must begin airing pre-filing announcements to give local notice that the station is preparing to file an FCC Form 303-S license renewal application with the FCC. Consistent with the FCC’s rules, beginning on the first day of the sixth calendar month prior to the expiration of their license, stations must air announcements on the 1st and 16th of each calendar month preceding the filing of their license renewal application to inform the community that the station seeking renewal of its license. The announcements will provide information about the station’s renewal filing and will inform listeners that they can advise the FCC of facts relating to the application or the station’s operation and also visit the station’s public inspection file. For stations in these states, the pre-filing announcements must air on June 1, June 16, July 1, and July 16. 

  • June 1—FCC Form 396 Broadcast EEO Program Report due for Radio Stations in the Following States. In connection with their license renewal filings, by June 1, commercial and noncommercial AM and FM radio stations in Maryland, Virginia, Washington, DC, and West Virginia must also prepare and file with the FCC an FCC Form 396 Broadcast EEO Program Report providing information on the stations’ EEO compliance during the most recent license term. 

  • 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 Web site, if they have one, their FCC Annual EEO Public File Report.

  • June 1—FCC Form 323-E Biennial Ownership Reports Due for Noncommercial Stations Only in the Following Select States. By June 1, noncommercial television stations in Michigan and Ohio, and noncommercial radio 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-E Biennial Ownership Report with the FCC. Please note, commercial stations now file their biennial ownership reports on a single unified date—Nov. 1, 2011.

  • June 16—Second License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Maryland, Virginia, Washington, DC, and West Virginia. See June 1 entry above for more information about this obligation.

  • June 16—Second License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in North Carolina and South Carolina. See June 1 entry above for more information about this obligation.

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, 2011, and file Reports of Use providing information about the songs they streamed. 

July 2011

FCC Deadlines:

  • July 1—Third License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Maryland, Virginia, Washington, DC, and West Virginia. See June 1 entry above for more information about this obligation.

  • July 1—Third License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in North Carolina and South Carolina. See June 1 entry above for more information about this obligation.

  • 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 2011 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 2011.

  • 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 TV Stations Demonstration of Continuing Compliance. The FCC requires that all 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, all 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.

  • July 16—Fourth License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Maryland, Virginia, Washington, DC, and West Virginia. See June 1 entry above for more information about this obligation.

  • July 16—Fourth License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in North Carolina and South Carolina. See June 1 entry above for more information about this obligation.

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, 2011, and file Reports of Use providing information about the songs they streamed.

  • 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 2010 must file the appropriate form with the Copyright Royalty Board by July 31, 2011. 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 twice 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 2008, or were rebroadcast by a direct-to-home satellite television carrier are eligible to file a claim for compensation with the Copyright Royalty Board. The royalties paid as a result of such a claim compensate the television station for the rebroadcast of its 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 Web site, http://www.loc.gov/crb/claims/, or in paper with the Copyright Royalty Board, located at the Library of Congress in Washington, D.C. 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 U.S. Postal Service postmark. Federal Express, United Parcel Service and similar overnight delivery services may not be used for the filing of these claims.

Aug. 2011

FCC Deadlines:

  • Aug. 1—FCC Form 303-S License Renewal Applications due for Radio Stations in the Following States. By Aug. 1, 2011, commercial and noncommercial AM and FM radio stations, FM translator stations, and Low Power FM stations in North Carolina and South Carolina must prepare and file with the FCC an FCC Form 303-S license renewal application seeking to renew their station license.

  • Aug. 1—License Renewal Post-filing Announcements Begin for Radio Stations in the Following States. On Aug. 1, stations in North Carolina and South Carolina must begin airing post-filing announcements to give local notice that the station has filed its FCC Form 303-S license renewal application with the FCC. Similar to the pre-filing announcements, the post-filing announcements must air on the 1st and 16th of the calendar months following the filing of the license renewal application. For stations in these states, the post-filing announcements will air on Aug. 1, Aug. 16, Sept. 1, Sept. 16, Oct. 1, and Oct. 16.

  • Aug. 1—Fifth License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Maryland, Virginia, Washington, DC, and West Virginia. See June 1 entry above for more information about this obligation.

  • Aug. 1—License Renewal Pre-filing Announcements Begin for Radio Stations in the Following States. On Aug. 1, commercial and noncommercial AM and FM radio stations in Florida, Puerto Rico, and the U.S. Virgin Islands must begin airing pre-filing announcements to give local notice that the station is preparing to file an FCC Form 303-S license renewal application with the FCC. Consistent with the FCC’s rules, beginning on the first day of the sixth calendar month prior to the expiration of their license, stations must air announcements on the 1st and 16th of each calendar month preceding the filing of their license renewal application to inform the community that the station seeking renewal of its license. The announcements will provide information about the station’s renewal filing and will inform listeners that they can advise the FCC of facts relating to the application or the station’s operation and also visit the station’s public inspection file. For stations in these states, the pre-filing announcements must air on Aug. 1, Aug. 16, Sept. 1, and Sept. 16.

  • Aug. 1—FCC Form 396 Broadcast EEO Program Report due for Radio Stations in the Following States. In connection with their license renewal filings, by Aug. 1, 2011, commercial and noncommercial AM and FM radio stations in North Carolina and South Carolina must also prepare and file with the FCC an FCC Form 396 Broadcast EEO Program Report providing information on the stations’ EEO compliance during the most recent license term. 

  • Aug. 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 Web site, if they have one, their FCC Annual EEO Public File Report.

  • Aug. 1—FCC Form 323-E Biennial Ownership Reports Due for Noncommercial Stations Only in the Following Select States. By Aug. 1, noncommercial television stations in Illinois and Wisconsin, and noncommercial radio stations in California, North Carolina, and South Carolina must prepare and file electronically an FCC Form 323-E Biennial Ownership Report with the FCC. Please note, commercial stations now file their biennial ownership reports on a single unified date—Nov. 1, 2011. 

  • Aug. 16—Sixth and Final License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Maryland, Virginia, Washington, DC, and West Virginia. See June 1 entry above for more information about this obligation. 

  • Aug. 16—Second License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in North Carolina and South Carolina. See Aug. 1 entry above for more information about this obligation.

  • Aug. 16—Second License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Florida, Puerto Rico, and the U.S. Virgin Islands. See Aug. 1 entry above for more information about this obligation.

Other Deadlines:

  • Aug. 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, 2011, and file Reports of Use providing information about the songs they streamed.

Sept. 2011

FCC Deadlines:

  • Sept. 1—Third License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in North Carolina and South Carolina. See Aug. 1 entry above for more information about this obligation. 

  • Sept. 1—Third License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Florida, Puerto Rico, and the U.S. Virgin Islands. See Aug. 1 entry above for more information about this obligation.

  • Sept.—Annual FCC Regulatory Fees Due. Although the precise date will not be determined until the summer of 2011, the deadline for paying the FCC's Annual Regulatory Fees is typically mid-Sept. 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, 2010, through Sept. 30, 2011.

  • Sept. 16—Fourth License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in North Carolina and South Carolina. See Aug. 1 entry above for more information about this obligation. 

  • Sept. 16—Fourth License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Florida, Puerto Rico, and the U.S. Virgin Islands. See Aug. 1 entry above for more information about this obligation.

Other Deadlines:

  • Sept. 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, 2011, and file Reports of Use providing information about the songs they streamed. 

Oct. 2011

FCC Deadlines:

  • Oct. 1—FCC Form 303-S License Renewal Applications due for Radio Stations in the Following States. By Oct. 1, 2011 commercial and noncommercial AM and FM radio stations, FM translator stations, and Low Power FM stations in Florida, Puerto Rico, and the U.S. Virgin Islands must prepare and file with the FCC an FCC Form 303-S license renewal application seeking to renew their station license.

  • Oct. 1—License Renewal Post-filing Announcements Begin for Radio Stations in the Following States. On Oct. 1, stations in Florida, Puerto Rico, and the U.S. Virgin Islands must begin airing post-filing announcements to give local notice that the station has filed its FCC Form 303-S license renewal application with the FCC. Similar to the pre-filing announcements, the post-filing announcements must air on the 1st and 16th of the calendar months following the filing of the license renewal application. For stations in these states, the post-filing announcements will air on Oct. 1, Oct. 16, Nov. 1, Nov. 16, Dec. 1, and Dec. 16. 

  • Oct. 1—Fifth License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in North Carolina and South Carolina. See Aug. 1 entry above for more information about this obligation. 

  • Oct. 1—License Renewal Pre-filing Announcements Begin for Radio Stations in the Following States. On Oct. 1, commercial and noncommercial AM and FM radio stations in Alabama and Georgia must begin airing pre-filing announcements to give local notice that the station is preparing to file an FCC Form 303-S license renewal application with the FCC. Consistent with the FCC’s rules, beginning on the first day of the sixth calendar month prior to the expiration of their license, stations must air announcements on the 1st and 16th of each calendar month preceding the filing of their license renewal application to inform the community that the station seeking renewal of its license. The announcements will provide information about the station’s renewal filing and will inform listeners that they can advise the FCC of facts relating to the application or the station’s operation and also visit the station’s public inspection file. For stations in these states, the pre-filing announcements must air on Oct. 1, Oct. 16, Nov. 1, and Nov. 16.

  • Oct. 1—FCC Form 396 Broadcast EEO Program Report due for Radio Stations in the Following States. In connection with their license renewal filings, by Oct. 1, 2011, commercial and noncommercial AM and FM radio stations in Florida, Puerto Rico, and the U.S. Virgin Islands must also prepare and file with the FCC an FCC Form 396 Broadcast EEO Program Report providing information on the stations’ EEO compliance during the most recent license term. 

  • Oct. 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 Web site, if they have one, their FCC Annual EEO Public File Report.

  • Oct. 1—FCC Form 323-E Biennial Ownership Reports Due for Noncommercial Stations Only in the Following Select States. By Oct. 1, noncommercial television stations in Iowa and Missouri, and noncommercial radio 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-E Biennial Ownership Report with the FCC. Please note, commercial stations now file their biennial ownership reports on a single unified date—Nov. 1, 2011. 

  • Oct. 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 2011 with the FCC.

  • Oct. 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 2011.

  • Oct. 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, Aug. and Sept. dealing with those issues.

  • Oct. 10—Class A TV Stations Demonstration of Continuing Compliance. The FCC requires that all 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, all 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.

  • Oct. 16—Sixth and Final License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in North Carolina and South Carolina. See Aug. 1 entry above for more information about this obligation.

  • Oct. 16—Second License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Florida, Puerto Rico, and the U.S. Virgin Islands. See Oct. 1 entry above for more information about this obligation.

  • Oct. 16—Second License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Alabama and Georgia. See Oct. 1 entry above for more information about this obligation.

Other Deadlines:

  • Oct. 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, 2011, and file Reports of Use providing information about the songs they streamed.

Nov. 2011

FCC Deadlines:

  • Nov. 1—FCC Form 323 Biennial Ownership Reports Due for ALL Commercial Stations.  By Nov. 1, all commercial broadcast stations, including low power television stations, must prepare and file electronically a Biennial Ownership Report with the FCC using the revised FCC Form 323. Please note, given the delays with the issuance of the revised Form last year, the initial biennial ownership report did not occur in 2009 as anticipated. Accordingly, the 2011 ownership report filing will be made less than a full two years from the last biennial report.   

  • Nov. 1—Third License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Florida, Puerto Rico, and the U.S. Virgin Islands. See Oct. 1 entry above for more information about this obligation.

  • Nov. 1—Third License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Alabama and Georgia. See Oct. 1 entry above for more information about this obligation.

  • Nov. 16—Fourth License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Florida, Puerto Rico, and the U.S. Virgin Islands. See Oct. 1 entry above for more information about this obligation.

  • Nov. 16—Fourth License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Alabama and Georgia. See Oct. 1 entry above for more information about this obligation.

Other Deadlines:

  • Nov. 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, 2011, and file Reports of Use providing information about the songs they streamed. 

Dec. 2011

FCC Deadlines:

  • Dec. 1—FCC Form 303-S License Renewal Applications due for Radio Stations in the Following States. By Dec. 1, 2011, commercial and noncommercial AM and FM radio stations, FM translator stations, and Low Power FM stations in Alabama and Georgia must prepare and file with the FCC an FCC Form 303-S license renewal application seeking to renew their station license.

  • Dec. 1—License Renewal Post-filing Announcements Begin for Radio Stations in the Following States. On Dec. 1, stations in Alabama and Georgia must begin airing post-filing announcements to give local notice that the station has filed its FCC Form 303-S license renewal application with the FCC. Similar to the pre-filing announcements, the post-filing announcements must air on the 1st and 16th of the calendar months following the filing of the license renewal application. For stations in these states, the post-filing announcements will air on Dec. 1, Dec. 16, Jan. 1, Jan. 16, Feb. 1, and Feb. 16.

  • Dec. 1—Fifth License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Florida, Puerto Rico, and the U.S. Virgin Islands. See Oct. 1 entry above for more information about this obligation.

  • Dec. 1—License Renewal Pre-filing Announcements Begin for Radio Stations in the Following States. On Dec. 1, commercial and noncommercial AM and FM radio stations in Arkansas, Louisiana, and Mississippi must begin airing pre-filing announcements to give local notice that the station is preparing to file an FCC Form 303-S license renewal application with the FCC. Consistent with the FCC’s rules, beginning on the first day of the sixth calendar month prior to the expiration of their license, stations must air announcements on the 1st and 16th of each calendar month preceding the filing of their license renewal application to inform the community that the station seeking renewal of its license. The announcements will provide information about the station’s renewal filing and will inform listeners that they can advise the FCC of facts relating to the application or the station’s operation and also visit the station’s public inspection file. For stations in these states, the pre-filing announcements must air on Dec. 1, Dec. 16, Jan. 1, and Jan 16. 

  • Dec. 1—FCC Form 396 Broadcast EEO Program Report due for Radio Stations in the Following States. In connection with their license renewal filings, by Dec. 1, 2011, commercial and noncommercial AM and FM radio stations in Alabama and Georgia must also prepare and file with the FCC an FCC Form 396 Broadcast EEO Program Report providing information on the stations’ EEO compliance during the most recent license term. 

  • Dec. 1—FCC Form 317 Due for DTV Stations. By Dec. 1, 2011, 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 12-month period ending on Sept. 30, 2011. 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 five percent of the gross revenues derived from such service, to the FCC by Dec. 1.

  • Dec. 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 Web site, if they have one, their FCC Annual EEO Public File Report.

  • Dec. 1—FCC Form 323-E Biennial Ownership Reports Due for Noncommercial Stations Only in the Following Select States. By Dec. 1, noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota, and noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont must prepare and file electronically an FCC Form 323-E Biennial Ownership Report with the FCC. Please note, commercial stations now file their biennial ownership reports on a single unified date—Nov. 1, 2011. 

  • Dec. 16—Sixth and Final License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Florida, Puerto Rico, and the U.S. Virgin Islands. See Oct. 1 entry above for more information about this obligation.

  • Dec. 16—Second License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Alabama and Georgia. See Dec. 1 entry above for more information about this obligation.

  • Dec. 16—Second License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Arkansas, Louisiana, and Mississippi. See Dec. 1 entry above for more information about this obligation.

Other Deadlines:

  • Dec. 15—Copyright Royalties for Internet Streaming. By Dec. 15, 2011, 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, 2011, and file Reports of Use providing information about the songs they streamed.

Jan. 2012

FCC Deadlines:

  • Jan. 1—Third License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Alabama and Georgia. See Dec. 1 entry above for more information about this obligation.

  • Jan. 1—Third License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Arkansas, Louisiana, and Mississippi. See Dec. 1 entry above for more information about this obligation.

  • Jan. 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 2011 with the FCC.

  • Jan. 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 2011.

  • Jan. 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 Oct., Nov. and Dec. dealing with those issues.

  • Jan. 10—Class A TV Stations Demonstration of Continuing Compliance. The FCC requires that all 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, all 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.

  • Jan. 16—Fourth License Renewal Post-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Alabama and Georgia. See Dec. 1 entry above for more information about this obligation.

  • Jan. 16—Fourth License Renewal Pre-filing Announcements for Commercial and Noncommercial AM and FM Radio Stations in Arkansas, Louisiana, and Mississippi. See Dec. 1 entry above for more information about this obligation.

Other Deadlines:

  • Jan. 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, 2011, and file Reports of Use providing information about the songs they streamed.
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.

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