rules? what rules?

Rules? What Rules?Rules? What Rules?

Top 10 FCC Compliance Errors Every Top 10 FCC Compliance Errors Every College Broadcast Station Should College Broadcast Station Should

AvoidAvoid

Joseph C. Chautin, III, Esq.

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Rules? What Rules?

Copyright 2013 HCCB, LLP. All Rights Reserved.

Top 10 MistakesTop 10 Mistakes

• Forget About Your Public Inspection FileForget About Your Public Inspection File• File Your License Renewal Application LateFile Your License Renewal Application Late• Improperly Complete Your License Renewal Improperly Complete Your License Renewal

ApplicationApplication• Run Commercials On A Noncommercial StationRun Commercials On A Noncommercial Station• Ignore Correspondence From the FCCIgnore Correspondence From the FCC• Fail to Complete/File Regular ReportsFail to Complete/File Regular Reports• Allow Broadcast of Indecent/Obscene MaterialAllow Broadcast of Indecent/Obscene Material• Fail to Cooperate During FCC InspectionFail to Cooperate During FCC Inspection• Provide False Information To FCCProvide False Information To FCC• Be Unfamiliar With William Penn Policy StatementBe Unfamiliar With William Penn Policy Statement

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Rules? What Rules?


Forget Public Inspection FileForget Public Inspection File

• Maintain at main studioMaintain at main studio• Accessible during normal Accessible during normal

business hoursbusiness hours• Check it periodicallyCheck it periodically• Use a Checklist – license, coverage Use a Checklist – license, coverage

map, quarterly issues/programs list, map, quarterly issues/programs list, ownership reports, EEO reports, ownership reports, EEO reports, donor lists, comments from publicdonor lists, comments from public

• No. 1 source of FCC finesNo. 1 source of FCC fines

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Rules? What Rules?


Filing Renewal Application LateFiling Renewal Application Late

• Look at License Expiration DateLook at License Expiration Date• That is That is NOTNOT the date to file for renewal the date to file for renewal• Must electronically file Must electronically file fourfour months prior to months prior to

expiration dateexpiration date• Must start pre-filing annc Must start pre-filing annc sixsix months prior to months prior to

expirationexpiration• Late FilingLate Filing

– Admonishment for up to 11 days lateAdmonishment for up to 11 days late– $$ Fine for anything longer$$ Fine for anything longer

• Very Common ErrorVery Common Error• Easy to AvoidEasy to Avoid

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Rules? What Rules?


Improperly Answer Renewal QuestionsImproperly Answer Renewal Questions

• No. 1 Rule – never carelessly or falsely answer any No. 1 Rule – never carelessly or falsely answer any question on the applicationquestion on the application

• Read instructions and form/questionsRead instructions and form/questions• Certification Style QuestionsCertification Style Questions

– Apply to entire 8 year periodApply to entire 8 year period– Always filed ownership reports?Always filed ownership reports?– Always timely placed items in public file?Always timely placed items in public file?– Fine or notice of violation?Fine or notice of violation?

• Answer “NO” and explain if problemAnswer “NO” and explain if problem– Explanation should take “deminimus” Explanation should take “deminimus”

approachapproach• Amend if you discover errorAmend if you discover error

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Rules? What Rules?


Run Commercials on NCE Station

• Noncom stations may not promote for-profits in exchange Noncom stations may not promote for-profits in exchange for remuneration (broad meaning)for remuneration (broad meaning)

• Years of decisions; difficult to parseYears of decisions; difficult to parse• May acknowledge donations from a for-profit in neutral, May acknowledge donations from a for-profit in neutral,

factual announcementfactual announcement• No comparative or qualitative languageNo comparative or qualitative language• Must describe without promotingMust describe without promoting• No price, no calls-to-action, no inducementsNo price, no calls-to-action, no inducements• Fundraising for licensee’s other business interestsFundraising for licensee’s other business interests• Watch sporting events that include commercialsWatch sporting events that include commercials• Fines are substantial; consent decrees now more commonFines are substantial; consent decrees now more common

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Rules? What Rules?


Ignore FCC CorrespondenceIgnore FCC Correspondence

• If the FCC sends something to your If the FCC sends something to your station by snail mail, it is importantstation by snail mail, it is important

• Read it and take action requiredRead it and take action required• Biggest problem – station never Biggest problem – station never

receives itreceives it– Wrong address in CDBS online filing Wrong address in CDBS online filing

systemsystem– Also, large campus ops lose or misdirect Also, large campus ops lose or misdirect

mailmail

• Large Fines Can Result, Even Loss of Large Fines Can Result, Even Loss of RightsRights

• Recent CaseRecent Case

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Rules? What Rules?


Fail to File Regular ReportsFail to File Regular Reports• Several FCC reporting obligations for RadioSeveral FCC reporting obligations for Radio• Filed with the FCCFiled with the FCC

– Biennial Ownership Reports (odd years; renewal app)Biennial Ownership Reports (odd years; renewal app)– License Renewal (every 8 years)License Renewal (every 8 years)

• Not Filed with the FCCNot Filed with the FCC– EEO public file reports (annually if no. employees)EEO public file reports (annually if no. employees)– Issues/programs lists (4/10, 7/10, 10/10, 1/10)Issues/programs lists (4/10, 7/10, 10/10, 1/10)– Donor lists (ongoing)Donor lists (ongoing)

• TV also has children’s TV reporting obligationsTV also has children’s TV reporting obligations– Quarterly; varies depending on commercial/noncom Quarterly; varies depending on commercial/noncom

statusstatus• Errors always show up at renewal timeErrors always show up at renewal time

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Rules? What Rules?


Allow Broadcast of Indecent MaterialAllow Broadcast of Indecent Material

• On-Air Talent Language and Music LyricsOn-Air Talent Language and Music Lyrics• Train talent and screen content (no matter how labeled)Train talent and screen content (no matter how labeled)• Indecent material and profane language prohibited from Indecent material and profane language prohibited from

6:00 am until 10:00 pm daily; obscenity never6:00 am until 10:00 pm daily; obscenity never• IndecencyIndecency: : language or material that, in context, depicts language or material that, in context, depicts

or describes, in terms patently offensive as measured by or describes, in terms patently offensive as measured by contemporary community standards for the broadcast contemporary community standards for the broadcast medium, sexual or excretory organs or activities.medium, sexual or excretory organs or activities.

• Janet Jackson backlash and backlog• Fines increased by Congress• US Supreme Court cases • FCC “Fleeting” Inquiry – hint that fleeting profanity would

not violate Communications Act

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Rules? What Rules?


Fail to Cooperate During FCC InspectionFail to Cooperate During FCC Inspection

• Happens Rarely, but very very importantHappens Rarely, but very very important• Cooperation can mean the difference between fine or Cooperation can mean the difference between fine or

leniencyleniency• Ask for identification; do not turn inspector awayAsk for identification; do not turn inspector away• If you don’t know the answer, get manager or advisorIf you don’t know the answer, get manager or advisor• Respond only to what you are asked for/aboutRespond only to what you are asked for/about• Get contact info and follow up on an discrepancy or Get contact info and follow up on an discrepancy or

unanswered questionunanswered question• Fix anything on the spot that can be fixedFix anything on the spot that can be fixed• After – nothing, notice of violation (NOV), notice of After – nothing, notice of violation (NOV), notice of

apparent liability (NAL)apparent liability (NAL)• EAS, Public File, Operating Power, Tower are Hot ItemsEAS, Public File, Operating Power, Tower are Hot Items

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Rules? What Rules?


Provide False Information to FCCProvide False Information to FCC• FCC has power to put station license in hearingFCC has power to put station license in hearing• Determines if licensee is fit to remain licenseeDetermines if licensee is fit to remain licensee• Applies in all written and verbal communicationsApplies in all written and verbal communications

– ReportsReports– InspectionsInspections– Public FilePublic File

• Employee Actions Imputed to LicenseeEmployee Actions Imputed to Licensee• How Do They Find Out?How Do They Find Out?

– Current or former employeesCurrent or former employees– Want to do the right thingWant to do the right thing– DisgruntledDisgruntled– Personal axe to grindPersonal axe to grind

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Rules? What Rules?


William Penn Univ Policy Change

• May 2013 FCC Policy Change

• Missing quarterly & ownership reports

• Consent Decree in lieu of large fine

• 3 year operating conditions; $2500 fine

• New Student-Run Station Policy– Limited Circumstances– Primarily student-run NCE stations (500)– Limited budget = inability to pay– Staff turnover = increased chance for errors– Big fine could force station off the air

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Rules? What Rules?


William Penn Univ Policy Cont’d

• Only applies to paperwork errors– Ownshp reports, qtrly issues, filing annc

• Does not apply to contest, indecency, underwriting, or technical rules

• Students must fill all positions except for faculty advisor

• FCC will notify station of violation and present consent decree and smaller fine

• Only available to first-time offenders• Significant change, but narrow criteria

Rules? What Rules?Rules? What Rules?

Answers to Your QuestionsAnswers to Your Questions

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rules? what rules?

Documents

fcceeo public file reports

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eeo reports

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source of fcc finesrules

checklist license

license expiration datethat