Advisories
FCC Eliminates Paper Filing Requirements for Broadcasters
By
Christopher A. Cook and David M. Silverman
10.31.18
Last week the FCC took a major step towards modernizing its broadcast-related filing requirements by eliminating the paper filing requirement of several types of contracts listed in Section 73.3613 of the FCC’s rules. This represents another step in the FCC’s ongoing media modernization initiative in which the FCC also recently issued a draft order allowing for electronic delivery of written notices for cable operators. While the rule changes are relatively minor, they should ease the current administrative burden applicable to most broadcast licensees. The steps taken by the FCC are described below.
Elimination of Routine Paper Filings for Broadcasters
Since the 1930s, broadcast licensees and permittees have been required to file paper copies of station-related documents within 30 days of execution. However, the current online public inspection file (“OPIF”) rules require that broadcast stations retain a copy of their most recent, complete ownership report together with all related material, which includes all documents filed with the FCC pursuant to Section 73.3613 of the FCC’s rules. Given the easy access afforded to the public by the OPIF, the FCC reasoned that the additional paper filing of such documents is both redundant and unnecessary.
The FCC will require that broadcast stations update their inventory of Section 73.3613 documents in the OPIF within 30 days of execution, including amendments, supplements, and cancellations. Furthermore, the FCC will permit broadcasters to merely upload a list of such documents to the OPIF, and provide the actual documents to the public upon request. However, any such list must also include execution and expiration dates, if any, for each document.
Streamlining Disclosure Requirements for TBAs and JSAs
The FCC also eliminated the filing requirement for attributable time brokerage agreements (“TBAs”) and joint sales agreements (“JSAs”). However, despite elimination of the paper filing requirement, the FCC will still require that both TBAs and JSAs be disclosed by the licensee of the brokering broadcast station in its ownership report.
Redaction of Confidential and Proprietary Information
Finally, the FCC also decided to allow redaction of all Section 73.3613 documents to the extent that they contain confidential or proprietary information, and to require that unredacted copies be provided to the FCC upon request. However, redaction will only be permitted for information that would be accorded confidential treatment under the FCC’s current rules for seeking non-disclosure of information submitted to the FCC. Such information would generally include commercial, financial, or trade secret information that if released could result in substantial competitive harm to the licensee.
Please let us know if you have any questions concerning the FCC’s new treatment of station-related documents as described above.
Elimination of Routine Paper Filings for Broadcasters
Since the 1930s, broadcast licensees and permittees have been required to file paper copies of station-related documents within 30 days of execution. However, the current online public inspection file (“OPIF”) rules require that broadcast stations retain a copy of their most recent, complete ownership report together with all related material, which includes all documents filed with the FCC pursuant to Section 73.3613 of the FCC’s rules. Given the easy access afforded to the public by the OPIF, the FCC reasoned that the additional paper filing of such documents is both redundant and unnecessary.
The FCC will require that broadcast stations update their inventory of Section 73.3613 documents in the OPIF within 30 days of execution, including amendments, supplements, and cancellations. Furthermore, the FCC will permit broadcasters to merely upload a list of such documents to the OPIF, and provide the actual documents to the public upon request. However, any such list must also include execution and expiration dates, if any, for each document.
Streamlining Disclosure Requirements for TBAs and JSAs
The FCC also eliminated the filing requirement for attributable time brokerage agreements (“TBAs”) and joint sales agreements (“JSAs”). However, despite elimination of the paper filing requirement, the FCC will still require that both TBAs and JSAs be disclosed by the licensee of the brokering broadcast station in its ownership report.
Redaction of Confidential and Proprietary Information
Finally, the FCC also decided to allow redaction of all Section 73.3613 documents to the extent that they contain confidential or proprietary information, and to require that unredacted copies be provided to the FCC upon request. However, redaction will only be permitted for information that would be accorded confidential treatment under the FCC’s current rules for seeking non-disclosure of information submitted to the FCC. Such information would generally include commercial, financial, or trade secret information that if released could result in substantial competitive harm to the licensee.
Please let us know if you have any questions concerning the FCC’s new treatment of station-related documents as described above.