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Pillsbury Pillsbury Pillsbury
Pillsbury
Washington, DC
2300 N Street, NW
Washington, DC 20037-1122
Tel. +1.202.663.8266
Fax. +1.202.513.8049
Admissions
District of Columbia
Education
J.D., Boston College Law School
A.B., Georgetown University

Professionals

Richard R. Zaragoza

Richard R. Zaragoza
Partner

Publications
February 2013
The FCC's Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters
Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, John K. Hane, Clifford M. Harrington, Andrew S. Kersting, Miles S. Mason, Lew Paper, Christine A. Reilly, Richard R. Zaragoza

Introduction

June 1, 2011 marked the beginning of a four-year cycle during which all commercial and noncommercial radio and television stations in the United States will come under special scrutiny by the Federal Communications Commission (“FCC” or “Commission”) as the FCC considers whether to renew each station’s license to broadcast.
December 2012
2013 Broadcasters' Calendar
Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, John K. Hane, Clifford M. Harrington, Andrew S. Kersting, Miles S. Mason, Lew Paper, Christine A. Reilly, Richard R. Zaragoza
Items of Note in 2013

  1. Applications for Renewal of License: The three-year long license renewal cycles for broadcast stations in radio services (AM, FM, FM Translator), which began on June 1, 2011, and for television services (television, Class A, LPTV, TV Translator), which began on June 1, 2012, continue in 2013. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is approximately four months before the date of license expiration; and the dates on which post-filing announcements must air.

July 2012
Preparing to Post Your Full-Power or Class A Television Station Public Inspection and Political Files on the FCC’s Website
Authors: Richard R. Zaragoza, Lauren Lynch Flick, Paul A. Cicelski
While most broadcasters have only seen a demonstration of the FCC’s new online Public Inspection File database, they must begin to use it in just one week’s time. Advance preparations and a good understanding of the filing requirements are needed to minimize the impact of this dramatic shift in the FCC’s rules on television broadcasters’ operations.
April 2012
Political Broadcasting Advisory
Authors: Scott R. Flick, Clifford M. Harrington, Lauren Lynch Flick, Miles S. Mason, Richard R. Zaragoza, Paul A. Cicelski, John K. Hane, Andrew S. Kersting, Christine A. Reilly, Lauren A. Birzon

Introduction

Ten years after adoption of the Bipartisan Campaign Reform Act (“BCRA”) of 2002, popularly known as “McCain-Feingold,” Congress’ and the FCC’s interest in political broadcasting and political advertising practices remains undiminished. Broadcast stations must ensure that a broad range of federal mandates are met, providing “equal opportunities” to all candidates using the stations facilities, affording federal candidates for public office “reasonable access” and treating all candidates for public office no less favorably than the station treats its most favored advertisers. Accordingly, it is imperative that broadcasters be very familiar with what is expected of them in this regulatory area, that they have adequate policies and practices in place to ensure full compliance, and that they remain vigilant to legislative, FCC, and FEC changes in the law.
January 2012
2012 Broadcasters' Calendar
Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, Richard R. Zaragoza, Christine A. Reilly, Lauren A. Birzon
Items of Note in 2012

I. Applications for Renewal of License: The three year long license renewal cycle for broadcast stations in radio services (AM, FM, FM Translator) which began on June 1, 2011 continues in 2012. Licensees in the television services will begin the license renewal process in 2012, starting with television, Class A, LPTV, and TV translator stations located in Maryland, Virginia, West Virginia, and Washington, D.C., whose license renewal applications must be filed by June 1, 2012. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is approximately four months before the date of license expiration; and the dates on which post-filing announcements must air.

10/7/2011
While Suing Large Radio Station Groups, Patentholder Seeks 'Voluntary' License Fee Agreements with Smaller Station Owners
Authors: William P. Atkins, Richard R. Zaragoza
In recent months, the owners of radio stations throughout the country have received letters from representatives of Mission Abstract Data, L.L.C., d/b/a DigiMedia (“MAD”), encouraging them to enter into patent license fee agreements with the company. MAD’s letter points out that it has sued some of the nation’s largest radio group owners. Undoubtedly, MAD will use the monies derived from the license fee agreements to help fund the current litigation as well as to demonstrate the “legitimacy” of its patent holdings. This Advisory is intended to provide radio stations with important background information on the case and to identify factors that may come into play as station owners consider the risks, as well as the options, available to them.
8/15/2011
FCC Sets September 14, 2011 as the Deadline for Payment of FY 2011 Annual Regulatory Fees
Authors: Richard R. Zaragoza, Christine A. Reilly
The FCC has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2011 must be received no later than September 14, 2011.
May 2011
Making It Work: A Broadcaster’s Guide to the FCC’s Equal Employment Opportunity Rules and Policies
Authors: Richard R. Zaragoza, Christine A. Reilly, Lauren A. Birzon
Introduction June 1, 2011 marks the beginning of a four-year cycle during which all commercial and noncommercial radio and television stations throughout the United States will come under special scrutiny by the Federal Communications Commission (“FCC”), as it considers whether to renew each station’s license to broadcast.
January 2011
Biennial Ownership Reports are due by February 1, 2011 for Noncommercial Educational Radio Stations in Kansas, Nebraska and Oklahoma, and for Noncommercial Educational Television Stations in Arkansas, Louisiana, Mississippi, New Jersey and New York.
Authors: Christine A. Reilly, Richard R. Zaragoza
The staggered deadlines for filing Biennial Ownership Reports by noncommercial educational radio and television stations remain in effect and are tied to the respective anniversary of their license renewal filing deadlines.
12/20/2010
2011 Broadcasters’ Calendar
Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, Christine A. Reilly, Richard R. Zaragoza
Items of Note in 2011

1. Applications for Renewal of License: June 1, 2011 is the first filing date of the three-year period during which the licensees of all commercial and noncommercial AM, FM and FM Translator stations throughout the United States and its territories will be required to file their applications for renewal of broadcast station license. Licensees in the television services will commence this process in 2012. The date on which a station’s application is due depends on the state or territory of its community of license. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the renewal filing; the filing date itself, which is approximately four months before the date of license expiration; and the dates on which post-filing announcements must air.
11/11/2010
Biennial Ownership Reports are due by December 1, 2010 for Noncommercial Educational Radio Stations in Colorado, Minnesota, Montana, North Dakota and South Dakota, and for Noncommercial Educational Television Stations in Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont
Authors: Richard R. Zaragoza, Christine A. Reilly
The staggered deadlines for filing Biennial Ownership Reports by noncommercial educational radio and television stations remain in effect and are tied to their respective anniversary renewal filing deadlines.
10/29/2010
FCC Requires Many Broadcasters to Be Open for Political Access This Weekend
Authors: Richard R. Zaragoza, Paul A. Cicelski
As a record three billion dollar political advertising season comes to a close, broadcasters must remember that the FCC requires many broadcast stations to stay open for business this weekend. Specifically, all radio and television stations that have provided weekend access to any commercial advertiser within the twelve months prior to the election must provide similar access to federal candidates the weekend before the November 2 election date.
9/20/2010
Biennial Ownership Reports Are Due by October 1, 2010 for Noncommercial Educational Radio Stations in Iowa and Missouri, and for Noncommercial Educational Television Stations in Alaska, American Samoa, Florida, Guam, Hawaii, Mariana Islands, Oregon, Puerto Rico, Virgin Islands and Washington
Authors: Richard R. Zaragoza, Christine A. Reilly
The staggered deadlines for filing Biennial Ownership Reports by noncommercial educational radio and television stations remain in effect and are tied to their respective anniversary renewal filing deadlines.
July 2010
Biennial Ownership Reports are Due by August 2, 2010 for Noncommercial Educational Radio Stations in Illinois and Wisconsin, and for Noncommercial Educational Television Stations in California, North Carolina and South Carolina
Authors: Richard R. Zaragoza, Christine A. Reilly
The staggered deadlines for filing Biennial Ownership Reports by noncommercial educational radio and television stations remain in effect and are tied to the anniversary date of their respective license renewal filing deadlines
July 2010
Cable and Satellite Royalty Claims Due to be filed with Copyright Royalty Board by August 2, 2010
Authors: Richard R. Zaragoza, Lauren Lynch Flick, Christine A. Reilly
This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider which provided service to at least one viewer outside the station’s local service area during 2009. Such stations are eligible to file royalty claims for compensation with the United States Copyright Royalty Board in Washington, DC. These filings are due by Monday, August 2, 2010 at 5pm (EDT) because the customary deadline of July 31 falls on a weekend.1
7/1/2010
Comments Are Due July 12, 2010 and Reply Comments Are Due July 26, 2010 in the FCC’s Media Ownership Quadrennial Review Proceeding
Authors: Richard R. Zaragoza, Paul A. Cicelski
In May, the FCC released a Notice of Inquiry (“NOI”) as part of its 2010 Quadrennial Review of its media ownership rules. According to the FCC, the purpose of the NOI is to take a “fresh look at the current rules to determine whether they promote the Commission’s goals of competition, localism and diversity.” The NOI is generally asking for comment regarding its policy goals and how to apply its specific media ownership rules in order to best achieve those goals. The Commission is planning on using the comments filed in this proceeding to help the agency formulate a subsequent formal Notice of Proposed Rulemaking. Pursuant to recent publication of the NOI in the Federal Register, comments are due July 12, 2010, with reply comments due July 26, 2010.
May 2010
Biennial Ownership Reports Are Due by June 1, 2010 for Noncommercial Educational Radio Stations in Michigan and Ohio, and for Noncommercial Educational Television Stations in Arizona, the District of Columbia, Idaho, Maryland, Nevada, New Mexico, Utah, Virginia, West Virginia, and Wyoming
Authors: Richard R. Zaragoza, Christine A. Reilly
The staggered deadlines for filing Biennial Ownership Reports by noncommercial educational radio and television stations remain in effect and are tied to their respective anniversary renewal filing deadlines.
4/16/2010
FCC Proposes FY 2010 Regulatory Fees
Authors: Richard R. Zaragoza, Paul A. Cicelski, Christine A. Reilly
The FCC has announced its proposed schedule of annual regulatory fees for Fiscal Year 2010. The final fee amounts and filing deadline will be announced in a Public Notice following consideration of Comments to be filed by May 4, 2010 and Reply Comments to be filed by May 11, 2010.
March 2010
2010 First Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by April 10, 2010, reflecting information for the months of January, February and March, 2010.
March 2010
2010 First Quarter Children’s Television Programming Documentation Advisory
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by April 10, 2010, reflecting programming aired during the months of January, February and March 2010.
March 2010
Biennial Ownership Reports Are Due by April 1, 2010 for Noncommercial Educational Radio Stations in Delaware, Indiana, Kentucky, Pennsylvania and Tennessee, and for Noncommercial Educational Television Stations in Texas
Authors: Richard R. Zaragoza, Christine A. Reilly
The FCC has suspended indefinitely the deadline for commercial radio and television stations to file their Biennial Ownership Reports. However, the deadlines for filing Biennial Ownership Reports by noncommercial educational radio and television stations remain in effect, tied to their respective anniversary renewal filing deadlines.
March 2010
Political Broadcasting Advisory
Authors: Richard R. Zaragoza, Clifford M. Harrington
This Advisory provides a review of the FCC’s political broadcasting regulations.
February 2010
The FCC Proposes National Emergency Alert System Testing Rules
Authors: Richard R. Zaragoza, Paul A. Cicelski
Comments are due by March 1, 2010 and Reply Comments are due March 30, 2010 to the FCC’s proceeding to implement national emergency alert testing at least once a year and to collect station data from such tests.
January 2010
Biennial Ownership Reports Are Due by February 1, 2010 for Noncommercial Radio Stations in Arkansas, Louisiana, Mississippi, New Jersey and New York, and for Noncommercial Television Stations in Kansas, Nebraska and Oklahoma
Authors: Richard R. Zaragoza, Christine A. Reilly
The FCC has established a national filing deadline for commercial radio and television stations to file their Biennial Ownership Reports. However, the schedule for the filing of Biennial Ownership Reports by noncommercial stations remains staggered, tied to their anniversary renewal filing deadlines.
January 2010
2010 Broadcasters' Calendar
Authors: Richard R. Zaragoza, Scott R. Flick, Lauren Lynch Flick, Christine A. Reilly
Items of Note in 2010
  1. Biennial Ownership Report Filing Requirements for Commercial Stations: The biennial ownership filing requirement for commercial stations has been stayed indefinitely as of the date of this publication. This stay arose out of difficulties implementing a new version of FCC Form 323 for use by commercial stations, including Class A television stations. The stay does not affect the biennial ownership reporting requirements of noncommercial stations, the due dates for which are still tied to the anniversary date of the station’s license renewal application deadline (and which are noted in this calendar). When the FCC resolves its difficulties surrounding use of the new Form 323, commercial broadcast stations will be required to file a biennial ownership report on the new form with information that is current as of November 1, 2009. Broadcasters should be alert to the announcement by the FCC of the new due date.
12/23/2009
FCC Suspends the Use of the New FCC Form 323 and Postpones the January 11, 2010 Deadline for Filing Biennial Ownership Reports by Commercial Broadcast Licensees
Authors: Richard R. Zaragoza, Christine A. Reilly
This afternoon, the Commission released an Order announcing that, due to technical difficulties, it was temporarily suspending the use of the new FCC Form 323 and, as a consequence, was postponing the January 11, 2010 deadline for the filing of Biennial Ownership Reports for commercial broadcast licensees. The Commission stated that it would announce the reactivation of the new form and the new filing deadline in a subsequent Public Notice. The Order states that the Commission “will temporarily suspend the ability to start a new biennial Form 323 during this interim suspension period but will allow filers to complete and file forms that they have already started should they wish to do so.” The Order also states that the new filing deadline will be at least 90 days from the date that the new form is made available for new biennial filings.
December 2009
2009 Fourth Quarter Children’s Television Programming Documentation Advisory
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by January 10, 2010, reflecting programming aired during the months of October, November and December 2009.
December 2009
2009 Fourth Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by January 10, 2010, reflecting information for the months of October, November and December 2009.
December 2009
2009 Fourth Quarter FCC Form 388 DTV Quarterly Activity Station Report for Certain Television Stations Must Be Filed by January 10, 2010
Authors: Richard R. Zaragoza, Christine A. Reilly
As previously reported, stations that have not yet completed construction or commenced operation of their final post-transition DTV facilities must continue the required general DTV Consumer Education Initiatives until they commence operation on their post-transition DTV facilities. Such stations will be required to file another FCC Form 388 by January 10, 2010, providing the Commission with the details of the DTV Consumer initiatives that they performed between October 1 and December 31, 2009.
December 2009
FCC Gives Television Broadcast Industry Little Time to Defend Its Spectrum Allocation; Comment Deadline Is Set at December 21, 2009
Authors: Richard R. Zaragoza, John K. Hane, Christine A. Reilly
Earlier this week, the FCC released a Public Notice seeking “specific data on the use of spectrum currently licensed to broadcast television stations.” According to the Public Notice, in other proceedings related to the FCC’s development of a National Broadband Plan some commenters “have expressed concern that the United States will not have spectrum sufficient to meet the demand for wireless broadband services in the near future and have urged the Commission to make available more spectrum for commercial uses.” In response, the Public Notice states that “the FCC is reviewing various spectrum bands to understand if all or a portion of the spectrum within these bands could be repurposed for wireless broadband services.”
November 2009
Commercial Radio and Television Stations Given Until January 11, 2010 to File Their Biennial Ownership Reports on FCC Form 323
Authors: Richard R. Zaragoza, Christine A. Reilly
In a Public Notice released by the FCC today, the Media Bureau has announced that it has extended to January 11, 2010, the prior December 15, 2009 deadline for commercial radio and television broadcast station licensees to file their Biennial Ownership Reports on revised FCC Form 323.
September 2009
2009 Third Quarter FCC Form 388 DTV Activity Station Report Due October 10th
Authors: Richard R. Zaragoza, Paul A. Cicelski, Christine A. Reilly
As previously reported, stations that have not yet completed construction or commenced operation of their final post-transition DTV facilities must continue the required general DTV Consumer Education Initiatives until they commence operation on their post-transition DTV facilities. Such stations will be required to file another FCC Form 388 by October 10, 2009, providing the Commission with the details of the DTV Consumer initiatives that they performed between July 1 and September 30, 2009.
September 2009
Noncommercial Stations’ Biennial Ownership Reports: Due October 1, 2009
Authors: Richard R. Zaragoza, Christine A. Reilly
As we recently reported, the FCC has altered the schedule for the filing of Biennial Ownership Reports by commercial broadcast stations. Those Reports must now be filed by November 1, 2009 and by the same date every two years thereafter. However, the schedule for the filing of Biennial Ownership Reports for noncommercial broadcast stations remains unchanged.
September 2009
2009 Third Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local public inspection files by October 10, 2009, reflecting information for the months of July, August and September 2009.
September 2009
2009 Third Quarter Children's Television Programming Documentation
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Children's Television Programming Report must be filed with the FCC and placed in stations' local Public Inspection Files by October 10, 2009, reflecting programming aired during the months of July, August and September 2009.
September 2009
Broadcast Station EEO Advisory
Authors: Richard R. Zaragoza, Christine A. Reilly
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Iowa, Missouri, Alaska, Hawaii, Oregon, Washington, Guam, American Samoa, Marianas Islands, Florida, Puerto Rico and the Virgin Islands, and highlights the upcoming deadlines for compliance with the FCC's EEO Rule.
September 2009
FY 2009 Regulatory Fees Payment Deadline: September 22, 2009
Authors: Christine A. Reilly, Richard R. Zaragoza
Federal Communications Commission has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2009 must be received no later than September 22, 2009. The price of missing the deadline is a 25% up-charge.
September 2009
Commercial Stations’ Biennial Ownership Reports: File by November 1, 2009
Authors: Richard R. Zaragoza, Christine A. Reilly
As previously reported, the FCC released an Order on May 29, 2009, suspending the biennial ownership reporting requirement for commercial radio and television broadcast stations that would otherwise have been required to file their reports by June 1, August 1 or October 1, 2009.
August 2009
FY 2009 Annual Regulatory Fees’ Current Payment Deadline: September 22, 2009
Authors: Richard R. Zaragoza, Christine A. Reilly
In its assessment letters to regulatees, the Commission has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2009 must be received no later than September 22, 2009.
August 2009
FCC Sets Annual Regulatory Fees for 2009; Payment Deadline Expected in September
Authors: Richard R. Zaragoza, Christine A. Reilly
The FCC has released its final schedule of Annual Regulatory Fees for FY 2009. It is expected that those fees will become due and payable sometime in September. We will issue a further Client Advisory as soon as the Commission issues a Public Notice announcing the applicable deadline.
July 2009
Reminder: Biennial Ownership Reports Are Due August 1, 2009 for Select Noncommercial Educational Radio and Television Stations
Authors: Richard R. Zaragoza, Paul A. Cicelski, Christine A. Reilly
As we recently reported, the FCC has altered the schedule for the filing of Biennial Ownership Reports by commercial broadcast stations. Those Reports must now be filed by November 1, 2009 and by the same date every two years thereafter. However, the staggered schedule for the filing of Biennial Ownership Reports for noncommercial educational broadcast stations remains unchanged for the time being, subject to a pending Further NPRM. For noncommercial radio stations in California, North Carolina and South Carolina and noncommercial television stations in Illinois and Wisconsin, the reports are due August 1, 2009.
July 2009
Biennial Ownership Reports: Filing Deadline Changes to Nov. 1, 2009 for All Radio and TV Stations Nationwide
Authors: Richard R. Zaragoza, Christine A. Reilly
The FCC has altered the schedule for the filing of Biennial Ownership Reports by commercial broadcast stations. August 1, 2009 is no longer the deadline for commercial radio stations in California, North Carolina, and South Carolina, or for commercial television stations in Illinois and Wisconsin to file their biennial ownership reports. Those Reports must now be filed by November 1, 2009 and by the same date every two years thereafter, by all radio and television sta­tions nationwide.
July 2009
Broadcast Station EEO Advisory
Authors: Richard R. Zaragoza, Christine A. Reilly
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: California, Illinois, North Carolina, South Carolina and Wisconsin, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
7/1/2009
FCC Announces Filing ‘Windows’ for New Digital-Only LPTV, TV Translator Stations in Rural Areas (Beginning August 25, 2009) and Nationwide (Beginning January 25, 2010)
Authors: Richard R. Zaragoza, Paul A. Cicelski
This week, the FCC issued a Public Notice announcing that it is finally lifting the freeze on the filing of new low power television (“LPTV”) and television translator stations. First, on August 25, 2009, the FCC will begin accepting applications for stations in “rural areas” for: (1) new digital-only LPTV and TV translator stations; (2) major changes to existing analog and digital LPTV and TV translator facilities; (3) and, in the case of current analog stations, for digital companion channels. “Rural areas” are defined as areas with antenna site coordinates that are located more than 75 miles from the reference coordinates of the largest 100 cities as defined by Nielsen Media Research and are listed in Appendix A of the Public Notice. Second, the Public Notice also announces that on January 25, 2010, the FCC will begin accepting the above-referenced three types of LPTV and television translator applications nationwide, without any geographic restrictions.
6/30/2009
FCC Adopts New Regulations Allowing AM Broadcast Stations to Use FM Translator Stations For “Fill-in” Purposes
Authors: Richard R. Zaragoza, Christine A. Reilly
In respond to the National Association of Broadcasters’ July 14, 2006 Petition for Rule Making, and after a Notice of Proposed Rule Making Proceeding released on August 15, 2007, the FCC today released a Report and Order adopting the NAB’s proposal that AM stations be allowed to use FM translators to retransmit their AM service within their AM stations’ current coverage areas. The action was taken to “permit AM broadcasters to better serve their local communities and thus promote the Commission’s bedrock goals of localism, competition and diversity in the broadcast media.”
6/25/2009
FCC Proposal to Promote Rural Radio Service and Simplify Allotment/Assignment Process: Comments Due July 13, Replies Due Aug. 11
Authors: Richard R. Zaragoza, Paul A. Cicelski
Through the vehicle of a Notice of Proposed Rule Making (“NPRM”), Acting Chairman Michael J. Copps, and Commissioners Jonathan Adelstein and Robert McDowell are looking to change the way the FCC decides what communities and areas deserve new or modified commercial and noncommercial, full-power AM and FM radio stations.
6/19/2009
2009 Second Quarter Children’s Television Programming Documentation Advisory
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Children's Television Programming Report must be filed with the FCC and placed in stations' local Public Inspection Files by July 10, 2009, reflecting programming aired during the months of April, May and June 2009.
6/19/2009
2009 Second Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by July 10, 2009, reflecting information for the months of April, May and June 2009. The FCC’s action adopting the new program report Form 355, which is intended to replace the Quarterly Issues/Programs Lists for full-power and Class A television stations, is not yet in effect and thus will not have any effect on this second quarter public file requirement.
6/19/2009
FCC Makes Available its Revised 2009 Second Quarter DTV Consumer Education Report (Form 388) for Television Stations, Which Must Be Filed by July 10, 2009
Authors: Richard R. Zaragoza, Paul A. Cicelski, Christine A. Reilly
On March 13, 2009, and in response to the Congressional extension of the digital transition deadline from February 17 to June 12, 2009, the FCC released an R&O which, among other things, revised the rules associated with its requirements for DTV Consumer Education Initiatives. Those significant revisions, which became effective on April 1, 2009, included additional viewer notifications regarding antennas, help/walk-in centers, rescanning activities, and service loss.
6/17/2009
FCC Recommends That Viewers With DTV Reception Problems Try ‘Double Rescanning’ Their Digital Converter Box or Digital TV
Authors: Richard R. Zaragoza, Paul A. Cicelski
The FCC issued a Public Notice recommending that viewers having difficulty receiving any of the over-the-air digital television signals of stations in their area should “double rescan” their digital converter boxes or digital television sets.
6/11/2009
FCC Reminds TV Stations Transitioning on June 12 They Must Have Adequate Staff Available to Answer Viewer Phone Calls During the Cut-over and the Entire Weekend
Authors: Richard R. Zaragoza, Paul A. Cicelski
In its Public Notice released earlier today, the FCC reminded stations of the requirement that television stations that have not yet made the transition to all-digital broadcasting must be prepared to answer calls about the transition immediately after they make the switch from analog to digital. The FCC noted its specific concern that stations have the appropriate staff available to answer calls after business hours and reminded stations that they should be prepared to handle the expected increase in calls, including calls forwarded directly to stations from the FCC’s National Call Center, which will be staffed 24 hours a day. The Public Notice specifically requests that stations not transitioning to digital-only until June 12 should not only staff their customer referral locations the evening of June 12, but should also ensure that the phones are staffed over the following weekend, June 13 and 14.
5/19/2009
FCC Issues a Notice of Inquiry Seeking Public Comment Regarding Arbitron’s Use of Portable People Meters
Authors: Paul A. Cicelski, Richard R. Zaragoza
The FCC’s Notice of Inquiry seeks answers to the controversial question raised by “broadcasters, media organizations and others” whether Arbitron is undercounting the audience for stations that air programming targeted to minority audiences, potentially harming the financial viability of those stations. At issue is Arbitron’s commercial use of equipment called the Portable People Meter (“PPM”), a mobile-phone-sized device that consumers wear throughout the day to track their radio listening. Arbitron has replaced the audience-based rating systems with PPM in certain markets and intends to replace audience-based diaries with PPM in the top 50 radio markets next year.
5/14/2009
FCC Proposes FY 2009 Regulatory Fees
Authors: Christine A. Reilly, Richard R. Zaragoza, Emily J. H. Daniels
The Commission has announced its proposed annual regulatory fees for Fiscal Year 2009. The final fee amounts and filing deadline will be announced in a Public Notice following consideration of Comments to be filed by June 4, 2009 and Reply Comments to be filed by June 11, 2009.
April 2009
Reminder: Increased FCC Application Filing Fees Will Become Effective April 28, 2009
Authors: Christine A. Reilly, Richard R. Zaragoza
The FCC has released a new Federal Register notice indicating that the increase in certain FCC application fees will become effective April 28, 2009.
4/28/2009
Supreme Court Narrowly Rules in Favor of FCC’s “Fleeting Expletives” Ban
Court Ordered Remand May Force the Supreme Court to deal with the First Amendment Issue
Authors: Richard R. Zaragoza, Paul A. Cicelski
In a 5-4 decision released today, the Supreme Court upheld the FCC’s so-called “fleeting expletives” policy which bans the radio and television broadcast of single so-called four-letter words that are considered indecent.
April 2009
Reminder: Increased FCC Application Filing Fees Will Become Effective April 28, 2009
Authors: Richard R. Zaragoza, Christine A. Reilly, Emily J. H. Daniels
The FCC has released a new Federal Register notice indicating that the increase in certain FCC application fees will become effective April 28, 2009.
March 2009
2009 First Quarter Children's Television Programming Documentation Advisory
Authors: Christine A. Reilly, Richard R. Zaragoza
The next Children's Television Programming Report must be electronically filed with the FCC and placed in stations' local Public Inspection Files by April 10, 2009, reflecting programming aired during the months of  January, February and March 2009.
March 2009
2009 First Quarter FCC Form 388 DTV Quarterly Activity Station Report Advisory for Broadcast Stations
Authors: Christine A. Reilly, Richard R. Zaragoza
The next FCC Form 388 DTV Quarterly Activity Station Report must be electronically filed via CDBS and placed in stations' local public inspection files by April 10, 2009, reflecting information for the months of January, February, and March 2009.
March 2009
2009 First Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Christine A. Reilly, Richard R. Zaragoza
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local public inspection files by April 10, 2009, reflecting information for the months of January, February, and March 2009. The FCC's action adopting the new program report Form 355, which is intended to replace the Quarterly Issues/Programs Lists for full-power and Class A television stations, is not yet effective and thus will not have any effect on this first quarter public file requirement.
March 2009
Biennial Ownership Reports Due By April 1, 2009, for Certain Radio and Television Broadcasters
Authors: Christine A. Reilly, Richard R. Zaragoza
Commercial and noncommercial Radio stations licensed to communities in Texas must electronically file their Biennial Ownership Reports with the FCC by April 1, 2009.  Commercial and noncommercial Television stations licensed to communities in the States of Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee must also electronically file their Biennial Ownership Reports by the same deadline.
March 2009
Broadcast Station EEO Advisory
Authors: Christine A. Reilly, Richard R. Zaragoza
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Delaware, Indiana, Kentucky, Pennsylvania, Tennessee and Texas, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
1/26/2009
Options for Television Stations: Navigating the Uncertainty of a Delay in the DTV Transition Date
Authors: Paul A. Cicelski, Lauren Lynch Flick, Richard R. Zaragoza
Legislation has been introduced in the United States Senate which, if enacted, would delay the current February 17, 2009 DTV transition deadline for a period of four months, or until June 12, 2009. A delay in the transition date will inevitably cause uncertainty and raise many questions, such as whether a station’s decision to cease analog operations before the proposed deadline may still go forward as planned.
January 2009
Enforcement Monitor: FCC Finds Six Broadcasters Apparently Liable for Violations of Equal Employment Opportunity Rule
Authors: Scott R. Flick, Richard R. Zaragoza
In late December 2008, the Federal Communications Commission (“FCC”) released a series of six Notices of Apparent Liability for Forfeiture against broadcasters asserting violations of the FCC’s Equal Employment Opportunity rule (“EEO rule”). In a joint statement appended to each of the six cases, FCC Commissioners Michael J. Copps (now Acting FCC Chairman) and Jonathan S. Adelstein (the “Commissioners”) signaled their strong desire that enforcement of EEO matters be stepped up by the Commission. The Commissioners noted that “Commission enforcement of EEO rules has been inconsistent and, as one consequence, employment in broadcasting does not reflect America.” Specifically, the Commissioners noted that while 251 cases resulted in 86 forfeitures between 1994 and 1997, only 10 cases resulting in 8 forfeitures were released between 2004 and 2007.
January 2009
Biennial Ownership Reports Due by February 1, 2009 for Certain Radio and Television Broadcasters
Authors: Christine A. Reilly, Richard R. Zaragoza
Commercial and noncommercial Radio stations licensed to communities in Kansas, Nebraska and Oklahoma must file their Biennial Ownership Reports with the FCC by February 1, 2009. Commercial and noncommercial Television stations licensed to communities in the States of Arkansas, Louisiana, Mississippi, New Jersey and New York must also file their Biennial Ownership Reports by the same deadline.
1/6/2009
2008 Fourth Quarter Children's Television Programming Documentation Advisory
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Children's Television Programming Report must be filed with the FCC and placed in stations' local Public Inspection Files by January 10, 2009, reflecting programming aired during the months of October, November and December 2008.
1/6/2009
2008 Fourth Quarter FCC Form 388 DTV Quarterly Activity Station Report Advisory for Broadcast Stations
Authors: Richard R. Zaragoza, Christine A. Reilly
The next FCC Form 388 DTV Quarterly Activity Station Report must be filed via CDBS and placed in stations’ local public inspection files by January 10, 2009, reflecting information for the months of October, November and December 2008.
1/6/2009
2008 Fourth Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Richard R. Zaragoza, Christine A. Reilly
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local public inspection files by January 10, 2009, reflecting information for the months of October, November and December 2008. The FCC's action adopting the new program report Form 355, which is intended to replace the Quarterly Issues/Programs Lists for full-power and Class A television stations, will not have any effect on this fourth quarter public file requirement.
January 2009
Beginning January 5, 2009, the FCC Will Accept Applications for Fill-in Digital Television Translator Stations and Requests for Special Temporary Authority to Avoid Loss of Service in Connection With the Digital Transition
Author: Richard R. Zaragoza

On December 23, 2008, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing creation of a new replacement digital television translator service. This service will permit full-power television stations to continue to provide service to viewers who have lost or will lose service as a result of a station’s digital transition. In the NPRM, the FCC announced that it will begin accepting applications in the coming days, although processing of these applications will be withheld pending the outcome of the proceeding. In the interim, the FCC proposed that stations could request Special Temporary Authority (“STA”) to operate replacement television translator facilities during the pendency of the rulemaking proceeding.

December 2008
FCC Issues Notice of Proposed Rulemaking for Analog Nightlight Program
Authors: Richard R. Zaragoza, Craig J. Saperstein
On December 24, 2008, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (NPRM) to implement the recently enacted Short-Term Analog Flash and Emergency Readiness (SAFER) Act. The SAFER Act directs the Commission to develop a “nightlight” program to permit stations to continue to broadcast analog signals for 30 days after the February 17, 2009 DTV transition deadline for the limited purpose of providing public safety and digital television (“DTV”) transition information. The Notice describes the FCC’s framework for implementing the nightlight program and establishes an expedited public comment period. The notice was published in the Federal Register on December 31, 2008, thereby establishing Monday, January 5, 2009 as the deadline for comments, and Thursday, January 8 as the deadline for reply comments.
December 2008
For 30 Days After February 17, 2009, Television Stations May Continue Analog Transmissions for Emergency and Informational Purposes
Authors: Richard R. Zaragoza, Craig J. Saperstein
On December 23, 2008, the President signed into law the Short-Term Analog Flash and Emergency Readiness (SAFER) Act. This legislation, previously passed by the House of Representatives on Dec. 10, 2008 and by the Senate on Nov. 20, 2008, directs the Federal Communications Commission (“FCC”) to develop a program to permit analog broadcasts of public safety and digital television (“DTV”) transition information for 30 days after the February 17, 2009 DTV transition deadline. Accordingly, stations must await action by the FCC before this post-February 17, 2009 authority will be effective.
December 2008
Broadcast Station EEO Advisory
Authors: Richard R. Zaragoza, Lauren Lynch Flick, Christine A. Reilly
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York and Oklahoma, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
December 2008
Special Advisory for Commercial and Noncommercial Broadcasters: Radio and Television Station Public Inspection File Requirements
Authors: Richard R. Zaragoza, Paul A. Cicelski, Christine A. Reilly
This Advisory is designed to aid commercial, as well as noncommercial educational, radio and television station broadcasters in complying with the FCC’s public inspection file rules. See 47 C.F.R. §§ 73.3526 and 73.3527. This Advisory tracks the public access, content, retention and organizational requirements of those regulations, as well as summarizes the public information requirements mandated by passage of the Bipartisan Campaign Reform Act of 2002. Previous editions of this Advisory are obsolete, and should not be relied upon.
November 2008
Reminder: $1000 Federal Grants Available to Eligible Low-Power Television Stations to Purchase Digital-to-Analog Conversion Devices
Author: Richard R. Zaragoza
Reminder: The National Telecommunications and Information Administration has set aside $1,000 per eligible low-power television station, for the purchase of digital-to-analog conversion devices. Individual grants come from a Federal fund limited to $1 million and are awarded on a first-come-first-serve basis until February 17, 2009.
10/1/2008
EEO in 2008 and Forward: A Legal Guide to the FCC’s EEO Rule and Policies for Broadcasters
Authors: Richard R. Zaragoza, Emily J. H. Daniels
On November 20, 2002, the FCC released a Second Report and Order and Third Notice of Proposed Rulemaking (the “Second R&O”) in which it adopted new equal employment opportunity rules and policies for broadcasters and for multi-channel video programming distributors (the “EEO Rule”). A complete copy of this EEO Rule as it relates to broadcasters is attached hereto as Attachment A.
September 2008
2008 Third Quarter FCC Form 388 DTV Quarterly Activity Station Report Advisory for Full-Power Television Broadcast Stations
Authors: Richard R. Zaragoza, Lauren Lynch Flick, Christine A. Reilly
The next FCC Form 388 DTV Quarterly Activity Station Report must be filed via CDBS and placed in full-power television stations’ local public inspection files by October 10, 2008, reflecting information for the months of July, August, and September.
September 2008
Biennial Ownership Reports Due by October 1, 2008 for Certain Radio and Television Broadcasters
Authors: Clifford M. Harrington, Richard R. Zaragoza, Christine A. Reilly
Commercial and noncommercial Radio stations licensed to communities in Iowa and Missouri must file their Biennial Ownership Reports with the FCC by October 1, 2008. Commercial and noncommercial Television stations licensed to communities in the States of Alaska, Florida, Hawaii, Oregon and Washington and in the Territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands must also file their Biennial Ownership Reports by the same deadline.
September 2008
Broadcast Station EEO Advisory
Authors: Richard R. Zaragoza, Lauren Lynch Flick, Christine A. Reilly

This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Alaska, Florida, Hawaii, Iowa, Missouri, Oregon, Washington, as well as American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.

9/4/2008
FCC Warns Regulatory Fee Filing Payers About Potential "Phishing"
Authors: Richard R. Zaragoza, Christine A. Reilly
On September 2, 2008, the FCC released a Public Notice Warning Regulatory Fee Filing Payers About Potential “Phishing.”
8/5/2008
FCC Releases Updated Version of "The Public and Broadcasting"
Authors: Richard R. Zaragoza, Paul A. Cicelski, Christine A. Reilly
In July 2008, the FCC released the latest edition of “The Public and Broadcasting” manual, its second update in three months.
July 2008
Biennial Ownership Reports Due by August 1, 2008 for Certain Radio and Television Broadcasters
Authors: Clifford M. Harrington, Richard R. Zaragoza, Christine A. Reilly
Commercial and noncommercial Radio stations licensed to communities in Illinois and Wisconsin must file their Biennial Ownership Reports with the FCC by August 1, 2008. Commercial and noncommercial Television stations licensed to communities in California, North Carolina, and South Carolina must also file their Biennial Ownership Reports by the same deadline.
July 2008
Broadcast EEO Advisory
Authors: Richard R. Zaragoza, Lauren Lynch Flick, Christine A. Reilly
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: California, Illinois, North Carolina, South Carolina, and Wisconsin, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
7/15/2008
The FCC Lifts the Freeze on the Filing of Class A Television Station Displacement and Expansion Applications
Authors: Richard R. Zaragoza, Paul A. Cicelski
Yesterday, the FCC announced that, effective as of August 4, 2008, it was lifting the freeze on the filing of two types of Class A television station applications: (i) ones to expand authorized coverage through facilities modifications, and (ii) ones to substitute channels where current channels are expected to be displaced.
6/26/2008
DTV Consumer Education Quarterly Activity Report (FCC Form 388) Now Available to be Filed in CDBS
Authors: Richard R. Zaragoza, Lauren Lynch Flick, Christine A. Reilly
The FCC Form 388 is now available in the Commission’s Consolidated DataBase System (CDBS) for electronic filing by July 10, 2008. The Report will cover the period April through June. Once filed, a copy of the Report should be promptly placed in the station’s local public inspection file and posted on the station’s website, if it has one.
June 2008
2008 Second Quarter FCC Form 388 DTV Quarterly Activity Station Report Advisory for Broadcast Stations
Authors: Richard R. Zaragoza, Lauren Lynch Flick, Christine A. Reilly
The next FCC Form 388 DTV Quarterly Activity Station Report must be filed via CDBS and placed in stations’ local public inspection files by July 10, 2008, reflecting information for the months of April, May, and June.
May 2008
FCC Proposes Fiscal Year 2008 Regulatory Fees
Author: Richard R. Zaragoza
The Commission has announced its proposed annual regulatory fees for Fiscal Year 2008. The final fee amounts and filing deadline will be announced in a Public Notice following consideration of Comments to be filed by May 30, 2008 and Reply Comments to be filed by June 6, 2008.
May 2008
Broadcast Station EEO Advisory
Authors: Richard R. Zaragoza, Lauren Lynch Flick, Christine A. Reilly
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
May 2008
Biennial Ownership Reports Due by June 1, 2008 for Certain Radio and Television Broadcasters
Authors: Clifford M. Harrington, Richard R. Zaragoza, Christine A. Reilly
Commercial and noncommercial Radio stations licensed to communities in Michigan and Ohio must file their Biennial Ownership Reports with the FCC by June 1, 2008. Commercial and noncommercial Television stations licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, New Mexico, Nevada, Utah, Virginia, West Virginia, and Wyoming must also file their Biennial Ownership Reports by the same deadline.
4/25/2008
FCC Releases Updated Version of its "The Public and Broadcasting" Manual
Authors: Richard R. Zaragoza, Christine A. Reilly
On April 24, 2008, the FCC released the latest edition of its “The Public and Broadcasting” manual. Please remove the 1999 version of the manual from your public inspection file and replace it with the new 2008 edition.
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