Important Dates for Broadcasters in 2009

2009 is a monumental year for broadcasters—bringing with it the end of full-power analog television and ushering in the digital future for television broadcasters. The transition will come with its own host of deadlines in the construction process so that individual stations can meet the mandatory Feb. 17 termination of analog operations (with the exception of the recently authorized analog “nightlight” operations that will continue for another 30 days).

While the digital transition will dominate the headlines, broadcasters, both radio and television, must deal with all of the regular quarterly and annual filings. These include children's programming reports, 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 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 advisory 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 more universal deadlines that are already visible on the horizon.

This year, unlike 2008, broadcasters will not have any uniform political broadcasting windows for federal elections—though there are already planned special elections in various states to fill vacancies in congressional offices. Watch for those dates locally, and compute the proper Lowest Unit Charge periods—45 days before a primary and 60 days before a general election. There are several governors' seats up for election in 2009, and we have included the Lowest Unit Rate periods for those races in the following calendar. But there are also bound to be municipal elections (like that for the mayor of New York City) which will arise this year—each with its own Lowest Unit Charge windows, not reflected on the attached calendar.

Additional disclosure requirements concerning the public interest programming of full-power television and Class A low-power television stations may arise in the coming year. The Commission more than a year ago adopted rules that will require the posting of at least some portion of the television station public inspection file on the station's Web site, if it has one. The Commission has also adopted a standardized form for the quarterly reporting of programs aired by television stations responsive to the needs and interests of their communities.

However, neither of these requirements has yet gone into effect, since they have not been approved by the Office of Management and Budget as being in compliance with the Paperwork Reduction Act. 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 advisories and on our blog at www.broadcastlawblog.com.

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. This reporting obligation may increase this year, since the Copyright Royalty Board has proposed new rules that would require the reporting to SoundExchange information not just for these limited periods, but instead would require that information about each and every song that is streamed on the Internet be provided to SoundExchange.

Comments on this proposal are due on Jan. 29, so watch for possible new obligations later this year. Information about these obligations can be found under the topic “Internet Radio” on our blog. In addition, forms for these filings can be found on SoundExchange's Web site: www.soundexchange.com.

With a new FCC about to be installed by the Obama administration, other issues will no doubt arise. Watch our blog, for updates about new requirements, and information about other FCC activities that affect broadcasters and Internet radio companies.

Here are some of the important dates for 2009:

 

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 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 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.
  
  
• January 10 – FCC Form 388 DTV Quarterly Activity Station Reports Due. By Jan. 10, all full-power television stations must electronically file an FCC Form 388 DTV Quarterly Activity Station Report with the FCC detailing the station's efforts to educate viewers about the digital television (DTV) transition. Consistent with the Commission's mandate, broadcast stations must provide viewers with information about the upcoming DTV transition by airing information about the transition including public service announcements, crawls, tickers, and longer-format programs. The Form 388 Report will summarize both the mandatory and voluntary DTV consumer education activities undertaken by a station in the fourth quarter of 2008, from Oct. 1, 2008, through and including Dec. 31, 2008.
  

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.
  
  
• 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 2009

FCC Deadlines:

• February 1 – Biennial Ownership Reports Due for Select States. By Feb. 1, television stations in Arkansas, Louisiana, Mississippi, New Jersey and New York, and radio 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 Web site, if they have one, 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, television stations in Arkansas, Louisiana and Mississippi and radio stations in Kansas, Nebraska and Oklahoma with 11 or more full-time employees must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.
  
  
• February 17 – End of Full-Power Analog Television Broadcasting. Except for those stations operating as an analog “nightlight” to provide emergency information to remaining analog viewers, 11:59 p.m. Feb. 17, 2009, marks the end of analog broadcast operations by full-power television stations.

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.

 

March 2009

FCC Deadlines:

• March 19 – End of Analog “Nightlight” Program. Stations participating in the FCC's analog “nightlight” program to provide emergency information and DTV transition information for 30 days past the Feb. 17 DTV transition will cease analog operations.
  
  
• March 31 – End of DTV Consumer Education Efforts. For most stations, March 31 will mark the end of the mandated DTV educational efforts, meaning that stations can cease airing PSAs, crawls, and spots informing viewers about the DTV transition. The DTV education requirement will continue, however, for any station that has requested or been granted authorization to serve less than its full authorized service area after March 31, 2009. Any station that does not reach all of its pre-transition viewers on Feb. 18, 2009, will be required to continue its educational efforts—and the related quarterly filings—until its request for extension has been withdrawn or denied, or until a granted extension has expired. Stations that are required to continue educational efforts beyond March 31, 2009, must also continue to file these quarterly reports, up to and including the final quarter in which they have active educational requirements.

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, 2009.

 

April 2009

FCC Deadlines:

• April 1 – Biennial Ownership Reports Due for Select States. By April 1, television stations in Delaware, Indiana, Kentucky, Pennsylvania and Tennessee, and radio 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 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 Indiana, Kentucky and Tennessee and radio stations in Texas with 11 or more full-time employees 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 2009 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 2009.
  
  
• 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.
  
  
• April 10 – FCC Form 388 DTV Quarterly Activity Station Reports Due. By April 10, all full-power television stations must electronically file an FCC Form 388 DTV Quarterly Activity Station Report with the FCC detailing the station's efforts to educate viewers about the DTV transition. Consistent with the Commission's mandate, broadcast stations must provide viewers with information about the upcoming DTV transition by airing information about the transition including public service announcements, crawls, tickers, and longer-format programs. The Form 388 Report will summarize both the mandatory and voluntary DTV consumer education activities undertaken by a station in the fourth quarter of 2008, from Jan. 1, 2009, through and including March 31, 2009.

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, 2009.
  
  
• April 18 – Lowest Unit Rate Period Opens for New Jersey. April 18 is the first day of the Lowest Unit Rate Period for the New Jersey gubernatorial primary to be held on
  June 2.
  
  
• April 25 – Lowest Unit Rate Period Opens for Virginia. April 25 is the first day of the Lowest Unit Rate Period for the Virginia gubernatorial primary to be held on June 9.

 

May 2009

FCC Deadlines:

None

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, 2009.
  

 

June 2009

FCC Deadlines:

• June 1 – Biennial Ownership Reports Due for Select States. By June 1, television stations in Michigan and Ohio, and 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 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 Web site, if they have one, 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, television stations in Michigan and Ohio and radio stations in Arizona, District of Columbia, Idaho, Maryland, Nevada, New Mexico, Utah, Virginia, West Virginia and Wyoming with 11 or more full-time employees must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.

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, 2009.

 

July 2009

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 2009 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 2009.
  
  
• 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.
  
  
• July 10 – FCC Form 388 DTV Quarterly Activity Station Reports Due. Full-power digital television stations that serve less than their full authorized analog service area (i.e., stations that do not reach all of their pre-transition viewers) are required to continue DTV consumer education efforts until their request for authorization to operate with such facilities has been withdrawn or denied, or until a granted authorization has expired. Similarly, such stations must also continue to file FCC Form 388 quarterly reports summarizing their efforts, up to and including the final quarter in which they have active educational requirements.

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, 2009.
  
  
• 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 2008 must file the appropriate form with the Copyright Royalty Board by July 31, 2009. 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 2008, 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 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.

 

August 2009

FCC Deadlines:

• August 1 – Biennial Ownership Reports Due for Select States. By Aug. 1, television stations in Illinois and Wisconsin, and radio 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 Web site, if they have one, 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, television stations in Illinois and Wisconsin and radio stations in California, North Carolina and South Carolina with 11 or more full-time employees must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report.

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, 2009.

 

September 2009

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, 2008, through Sept. 30, 2009.

Other Deadlines:

• September 4 – Lowest Unit Rate Period Opens for New Jersey and Virginia. Sept. 4 is the first day of the Lowest Unit Rate Period for the New Jersey and Virginia gubernatorial elections to be held on Nov. 3.
  
  
• 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, 2009.

 

October 2009

FCC Deadlines:

• October 1 – Biennial Ownership Reports Due for Select States. By Oct. 1, television stations in Iowa and Missouri, and 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 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 Web site, if they have one, 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, television stations in Iowa and Missouri and radio stations in Alaska, American Samoa, Florida, Guam, Hawaii, Mariana Islands, Oregon, Puerto Rico, Virgin Islands and Washington with 11 or more full-time employees 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 2009 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 2009.
  
  
• 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 10 – FCC Form 388 DTV Quarterly Activity Station Reports Due. Full-power digital television stations that serve less than their full authorized analog service area (i.e., stations that do not reach all of their pre-transition viewers) are required to continue DTV consumer education efforts until their request for authorization to operate with such facilities has been withdrawn or denied, or until a granted authorization has expired. Similarly, such stations must also continue to file FCC Form 388 quarterly reports summarizing their efforts, up to and including the final quarter in which they have active educational requirements.

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, 2009.
  

 

November 2009

FCC Deadlines:

None

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, 2009.

 

December 2009

FCC Deadlines:

• December 1 – FCC Form 317 Due for DTV Stations. By Dec. 1, 2009, 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, 2009. 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.
  
  
• December 1 – Biennial Ownership Reports Due for Select States. By Dec. 1, television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota, and radio 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 Web site, if they have one, 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 television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota, and radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont with 11 or more full-time employees 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, 2009, 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, 2009.

 

January 2010

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 2009 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 2009.
  
  
• 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.
  
  
• January 10 – FCC Form 388 DTV Quarterly Activity Station Reports Due. Full-power digital television stations that serve less than their full authorized analog service area (i.e., stations that do not reach all of their pre-transition viewers) are required to continue DTV consumer education efforts until their request for authorization to operate with such facilities has been withdrawn or denied, or until a granted authorization has expired. Similarly, such stations must also continue to file FCC Form 388 quarterly reports summarizing their efforts, up to and including the final quarter in which they have active educational requirements.

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, 2009.

February 2010

FCC Deadlines:

None

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, 2009.

 

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.