5/24/2016
Ch‐ch‐ch‐ch‐changes
The Radio Public File and
Ownership Reporting
Lawrence M. Miller
Schwartz, Woods & Miller
Melodie A. Virtue
Garvey Schubert Barer
FCC Online
Public Inspection Files
The Times They Are A Changin’
Public Radio Public Inspection File
The rule
§73.3527 Local public inspection file of noncommercial educational stations.
(1) For radio licensees, a hard copy of the public inspection file shall be maintained at the main studio of the station until March 1, 2018, except that, as discussed in paragraph (b)(2)(ii) of this section, any radio station may voluntarily place its public inspection file in the online public file hosted by the Commission before March 1, 2018, if it chooses to do so, instead of retaining the file at the station. ***********
(2)(ii) Beginning March 1, 2018, noncommercial educational radio station licensees and applicants shall place the contents required by paragraph (e) in the online public inspection file hosted by the Commission. For these stations, effective March 1, 2018, any new political file material shall be placed in the Commission's online public file, while the material in the political file as of March 1, 2018, if not placed in the Commission's online public file, shall continue to be retained at the station in the manner discussed in paragraph (b)(1) of this section until the end of its retention period. However, any radio station that is not required to place its public inspection file in the online public file hosted by the Commission before March 1, 2018, may choose to do so, instead of retaining the public inspection file at the station in the manner discussed in paragraph (b)(1).
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5/24/2016
RADIO PUBLIC INSPECTION FILE
Timing
• March 1, 2018
– Can transition earlier, but you can’t go home again
– Keep hard copy public file until you transition
• Special case: The political file
• Planning for the transition
RADIO PUBLIC INSPECTION FILE
Requests for “Undue Burden” Waivers
 Technical inability
Unreliable internet
 Small stations in remote locations
 Economic hardship
RADIO PUBLIC INSPECTION FILE
Nuts and bolts
• Posting at https://stationaccess.fcc.gov
– FRN/password
– Facility ID, generate passcode
– Drop Box
Organized by folders and tabs
Can populate multiple e‐PIFs
(“Station to Station”)
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RADIO PUBLIC INSPECTION FILE
Nuts and bolts
• Upload documents in existing format
–searchable if feasible
• Must have link on station homepage to station’s online public file
–contact info on homepage for assistance with disabilities
• Provision for third party hosting
RADIO PUBLIC INSPECTION FILE
Online file landing page
• Add Main Studio Address
• Telephone number and email of designated contact for persons with disabilities
• If main studio outside community of license
–Location of existing political file –Toll free phone number
• FCC generates contour map
RADIO PUBLIC INSPECTION FILE
FCC Uploads
• FCC imports from CDBS (and eventually LMS)
– Applications (except Form 302‐AM covering license applications) – Ownership reports
– Renewal EEO Form 396 and Mid‐Term Form 397
– The Public and Broadcasting Manual
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5/24/2016
RADIO PUBLIC INSPECTION FILE
FCC Uploads
• Remove filings beyond retention period
• regularly and at the least upon finality of license renewal grant
• but keep applications that include waiver showings, such as with respect to main studio location or community coverage
• FCC loaded documents grayed out; licensee loaded documents in the “trashcan”
RADIO PUBLIC INSPECTION FILE
Station Uploads
• EEO local public file reports (option to link on station website)
• Quarterly Issues Programs Lists
• Pre and post‐filing license renewal information • “Contracts”, including formation documents for nongovernmental licensees (articles, bylaws, certificate of formation)
RADIO PUBLIC INSPECTION FILE
Station Uploads
• TV network affiliation
–PBS membership certificate
–V‐me and MHz Networks program agreements (but not Create or World)
• Time brokerage agreements (a/k/a Public Service Operating Agreements)
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5/24/2016
RADIO PUBLIC INSPECTION FILE
Station Uploads
• FCC investigations and complaints
– until FCC says you can remove
– includes EEO audit letter, your response, and FCC disposition
• Political – going forward from e‐PIF transition date • TV –cable (but not DBS must‐carry requests)
• Donor lists TELEVISION PUBLIC INSPECTION FILE
RADIO PUBLIC INSPECTION FILE
Compliance
• Penalties
– Forfeitures (“don't have to be a richer man”)
– Reporting conditions
– Short term renewal
• Late uploads are readily apparent
• Beware license renewal application form trap:
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5/24/2016
Ownership Reporting
(Turn to Face the Strange)
OWNERSHIP REPORTING
New filing timing
Current filing calendar
Licensees file biennially by the anniversary of the license renewal application filing date (TV date for joint licensees)
New filing calendar
By December 1, 2017 (reporting as of October 1st) and every two years thereafter
OWNERSHIP REPORTING
A Change is Gonna Come
• Restricted Use FCC Registration Number (RUFRN) to be obtained for each attributable interest holder by providing:
– Last four digits of Social Security numbers
– Date of birth
– Race
– Gender
– Ethnicity
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5/24/2016
OWNERSHIP REPORTING
Who is an attributable interest holder?
Attributable interest holders are governing board members and officers
For licensees with operations other than broadcasting, you can claim an exemption for officials whose duties are wholly unrelated to broadcast operations
 An exemption statement is needed for each person for whom exemption is claimed
OWNERSHIP REPORTING
Balky attributable interest holders
A special Use FRN (SUFRN) may be requested in lieu of an RUFRN without submitting SSN information if an attributable interest holder refuses to provide information. You first must make a “reasonable and good faith effort” to secure the RUFRN information, at the least informing the interest holder of the obligation and the risk of enforcement action against “the filer and/or the recalcitrant individual.”
OWNERSHIP REPORTING
Status of OMB “paperwork” approval
Long‐shot efforts to secure reconsideration of decision
Recommendations to ramp up for compliance
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5/24/2016
Ch‐ch‐ch‐ch‐changes
Lawrence M. Miller
Schwartz, Woods & Miller
miller@swmlaw.com
Melodie A. Virtue
Garvey Schubert Barer
mvirtue@gsblaw.com
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