2013 Broadcasters' Calendar

I. 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.

II. Biennial Ownership Report Filing Requirements: Commercial radio, television, Class A television and LPTV stations must file biennial ownership reports by November 1, 2013. As of this publication, noncommercial radio and television stations will continue to file every other year on the anniversary date of their license renewal filing. As noted above, this date will depend on the state or territory of each station's community of license.

III. Television Station Online Public File: The FCC has adopted a requirement that television stations post most of the contents of their public inspection files online at the FCC's website, effective as of August 2, 2012. All references herein to TV station’s public inspection files relate to that online public inspection file.

IV. Quarterly Issues/Programs Lists: As of this publication, radio, television and Class A television licensees must continue to prepare and place these documents in their public inspection files on a quarterly basis on the dates noted. Television broadcasters should be alert to a future announcement regarding the effective and due dates of a new form the FCC has proposed to replace the Quarterly Issues/Programs List. The FCC previously adopted a new form, FCC Form 355, to replace the Quarterly Issues/Programs List for television stations. While that form was later rescinded before becoming effective, the FCC issued a Notice of Inquiry proposing a new FCC Form to replace the current issues/programs list. The new form will require that television broadcasters document specific details regarding their public interest service that will need to be submitted to the FCC for inclusion in the proposed online public inspection file discussed above. However, because the FCC must issue a Notice of Proposed Rulemaking prior to implementing the new form, it may be some time before any new reporting form can be adopted and become effective.

V. Broadcast Annual Employment Report on FCC Form 395-B: The FCC suspended use of this form in 2001 in connection with the revision of its EEO Rule. In 2004, the Commission announced that it would resume use of the form and would advise the broadcast industry of the due date for the first filing of the reinstated form. As of the date of this publication, no such announcement has been made. Broadcasters should be alert to a future announcement regarding the possible reinstatement of this filing requirement. While the Form 395-B is currently suspended, other important EEO outreach and reporting obligations remain in effect, and their 2013 deadline dates are noted in this Calendar.

VI. Captioning of Video Programming Delivered via Internet: In January 2012, the FCC adopted rules that require closed captioning of full-length video programming delivered via Internet protocol (i.e., IP video) that is published or exhibited with captions on TV after the effective date of those regulations. The rules are a result of the 21st Century Video and Communications Accessibility Act, which was enacted by Congress and signed into law by the president in 2010 to improve the accessibility of media and communications services and devices. Beginning March 30, 2013, all live and near-live programming that is shown on the Internet after being shown on television with captioning must be captioned for online viewing in accordance with the rules implementing the 21st Century Communications and Video Accessibility Act. “Live” programming is defined as programming that airs on TV "substantially simultaneously" with its performance (e.g., news and sporting events). “Near-live” programming is video programming that is performed and recorded less than 24 hours prior to the first time it aired on television (e.g., "The Late Show with David Letterman").

Disclaimer

The following deadlines are based on information known by us as of the date hereof. These deadlines may or may not apply to any particular broadcaster. These deadlines are provided for general informational purposes only and should be double-checked for currency close to each pertinent date/deadline. Actions by the FCC, Congress, or the courts could affect any of these deadlines by, for example, eliminating a particular reporting/filing obligation altogether or modifying the form used, content, deadline, fee, or manner of reporting/filing. It should also be noted that, as a general rule, when a deadline for filing a document with the FCC falls on a weekend or a federal holiday, the filing deadline will shift to the immediate next business day. The listing of deadlines below is not intended to be complete or exhaustive of all regulatory and non-regulatory deadlines that may apply to a given broadcaster year-to-year. Accordingly, broadcasters should seek the advice of communications counsel in each instance to assure timely and proper filing.

Download: 2013 Broadcasters' Calendar