Is Your Radio Station Ready for License Renewal? Hosted by: The - - PowerPoint PPT Presentation

October 23, 2013

Is Your Radio Station Ready for License Renewal?

Hosted by:

The New York State Broadcasters Association, Inc.

Presenters

• David L. Donovan, President of the NYSBA, Moderator
• Peter H. Doyle, Chief, Audio Division, Media Bureau,

Federal Communications Commission, Washington, DC

• Jack N. Goodman, Esq., Law Offices of Jack Goodman,

Washington, DC

• Richard R. Zaragoza, Esq., Pillsbury, Winthrop Shaw

Pittman, LLP, Washington, DC

1 | October 23, 2013

The Big Picture

• License renewal required every eight years

 Statutory Purpose – to determine whether the station has served

the public interest, convenience and necessity and whether it had any serious violations of the Communications Act or the FCC’s rules and regulations, or any other such violations which, taken together, would constitute a pattern of abuse.

 An electronic Filing Process – Forms, Deadlines, Petitions to Deny  Full-power and FM translator renewal applications combined  Audio Division processing procedures, e.g., “batch” renewal grant

process.

 Other ways in which the Audio Division is helpful, e.g., detailed

instructions, worksheets, etc.

2 | October 23, 2013

The Big Picture

• What you worry about

 Lack of station documentation  Institutional memory loss due to staff turnover  Petitions to Deny  Informal Objections  Complaints

3 | October 23, 2013

The Ingredients for a Successful License Renewal Filing

• Pre-filing due diligence (FCC Online Database check, FCC Enforcement Bureau

check, Legal/Regulatory Questionnaire, Public Inspection File review, Re Compliance evaluation)

• Pre-filing renewal announcements (December 1 and 16, 2013; January 1 and

16, 2014)

• Last two annual EEO public file reports (February 1, 2012 – January 31, 2013 &

February 1, 2013 – January 31, 2014)



To be attached to Form 396 EEO Program Report Filing (to be filed prior to filing renewal application)

• License renewal application (February 3, 2014, as the 1st is a Saturday)
• Filing Fee (Full Power $175/Translator $60 -- commercial stations only)
• Post-filing renewal announcements (February 1 and 16, March 1 and 16, and

April 1 and 16, 2014)

• License renewal announcements certification (by April 23, 2014)

4 | October 23, 2013

Covering Your Bases on EEO

• EEO Program Report (FCC Form 396)

 All stations file the form  Station Employment Units with fewer than

5 full-time employees need only answer question regarding discrimination complaints

5 | October 23, 2013

Covering Your Bases on EEO

• Attach last two Annual EEO Public File Reports to Form 396 Filing

 Only Station Employment Units with 5 or more full-time employees  Include all full-time jobs filled, plus referral source of hire  Referral source of all interviewees for all full-time positions filled  Contact info and # of interviewees referred by each recruitment

source

 Description of non-vacancy specific outreach efforts (2 or 4 credits)  Narrative statement  Most recent report required to be on station website (if the station

has one)

 Relationship of renewal filing to EEO random audits

6 | October 23, 2013

Making the Certifications for a “Clean” Application

• Basic information required about the applicant
• Licensee name
• Legal address
• Call sign
• City of license
• Other authorizations (FM boosters and FM translators, etc.)
• FM Translators



Stand alone translators use same 303(S) Renewal Form



Newspaper notice required for renewal applications for all FM translators. The newspaper notice must be given immediately after filing of the application, i.e., no pre-filing publication needed.

7 | October 23, 2013

Making the Certifications for a “Clean” Application

• The Form 303-S requires numerous certifications,

including:

 Questions answered based on instructions  No character issues  No adverse legal findings/actions/decisions  No FCC violations during renewal term  No alien ownership issues  Anti-Drug Abuse Act certification  Advertising nondiscrimination in contracts (since March

14, 2011 to present)

8 | October 23, 2013

Making the Certifications for a “Clean” Application

• The Form 303-S requires numerous certifications,

continued:

 Biennial ownership reports filed as required  Form 396 was filed prior to filing Form 303-S  Most recent EEO Public File Report posted on station’s

website

 Public inspection file contents are complete and were

filed at appropriate times

 Discontinued operations/station currently on air  RF radiation  Radio/newspaper cross-ownership

9 | October 23, 2013

Common Mistakes at the End of the License Term

• Missing the renewal filing deadline
• FCC does not send pre-filing reminder notices, although the Audio

Division does makes a serious effort to contact stations and their representatives if the station’s renewal was not timely filed

• Repercussions can be serious
• forfeiture of license
• double-whammy fines (late fee plus fee for operating without

authority)

• loss of procedural protections against petitioners
• Public Inspection File Problems
• Negligent/False Certifications



disgruntled employees or former employees



competitors



activist groups

10 | October 23, 2013

“I’ve Done Everything Right, But They Won’t Grant My License Renewal”

• FCC Application Holds

 Red-light issues  Pending complaints, e.g.,

indecency

• Certifying to violations in Form 303-S
• Petitions to Deny and Informal

Objections

• Fee payment issues and Form 159
• License remains valid and fully in

effect while renewal application is pending

11 | October 23, 2013

Is There a Way to Reduce the Pain of License Renewal?

• The obvious answer is to have done everything right over the past

eight years of your license term

• Short of that, start early and be relentless in completing each step of

the process on time

• Be honest with your FCC counsel – the old saying that you should

never lie to your doctor or your lawyer is true

 License renewal is like putting a new battery in your pacemaker –

you can attempt it without the assistance of an experienced professional, but it is not recommended

• Supplemental material regarding filing your renewal and additional

FCC compliance information can be found on the FCC’s website.

12 | October 23, 2013

Contact information for any follow-up questions

• David L. Donovan,

ddonovan@nysbroadcasters.org

• Peter H. Doyle,

peter.doyle@fcc.gov

• Jack N. Goodman
• jack@jackngoodman.com
• Richard R. Zaragoza,

richard.zaragoza@pillsburylaw.com

13 | October 23, 2013