Alert
Alert
03.27.14
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by April 10, 2014, reflecting information for the months of January, February, and March 2014.
Content of the Quarterly List
The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station. The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station’s overall programming.
To demonstrate a station’s compliance with this public interest obligation, the FCC requires the station to maintain and place in the public inspection file a Quarterly List reflecting the “station’s most significant programming treatment of community issues during the preceding three month period." By its use of the term "most significant," the FCC has noted that stations are not required to list all responsive programming, but only that programming which provided the most significant treatment of the issues identified.
Given that program logs are no longer mandated by the FCC, the Quarterly Lists may be the most important evidence of a station’s compliance with its public service obligations. The lists also provide important support for the certification of Class A station compliance discussed below. We therefore urge stations not to "skimp" on the Quarterly Lists, and to err on the side of over-inclusiveness. Otherwise, stations risk a determination by the FCC that they did not adequately serve the public interest during the license term. Stations should include in the Quarterly Lists as much issue-responsive programming as they feel is necessary to demonstrate fully their responsiveness to community needs. Taking extra time now to provide a thorough Quarterly List will help reduce risk at license renewal time.
It should be noted that the FCC has repeatedly emphasized the importance of the Quarterly Lists and often brings enforcement actions against stations that do not have fully complete Quarterly Lists or that do not timely place such lists in their public inspection file.
Preparation of the Quarterly List
The Quarterly Lists are required to be placed in the public inspection file by January 10, April 10, July 10, and October 10 of each year. The next Quarterly List is required to be placed in stations’ public inspection files by April 10, 2014, covering the period from January 1, 2014 through March 31, 2014. All TV stations must post their Quarterly Lists to their online public inspection files at https://fcc.gov.
Stations should keep the following in mind:
These are just some suggestions that can assist stations in meeting their obligations under the FCC’s rules. The requirement to list programs providing the most significant treatment of issues may persuade a station to review whether its programming truly and adequately educates the public about community concerns.
Attached is a sample format for a "Quarterly Issues/Programs List" to assist stations in filling out the Quarterly List. Please do not hesitate to contact the lawyers in the Communications Practice Section for specific advice on how to ensure the adequacy of your efforts in this area.
Class A Television Stations Only
Class A television stations must certify that they continue to meet the FCC’s eligibility and service requirements for Class A television status under Section 73.6001 of the FCC’s Rules. While the relevant subsection of the public inspection file rule, Section 73.3526(e)(17), does not specifically state when this certification should be prepared and placed in the public inspection file, we believe that since Section 73.6001 assesses compliance on a quarterly basis, the prudent course for Class A television stations is to place the Class A certification in the public inspection file on a quarterly basis as well.
New Filing Requirements for Television Stations
The FCC has proposed several new filing requirements for broadcast stations, including a proposal for a new form that will replace television stations’ Quarterly Issues/Programs List. The FCC previously adopted a new form, FCC Form 355, to replace the Quarterly Lists for television stations, but that form was later rescinded before becoming effective. The FCC issued a Notice of Inquiry in December 2011 proposing a new FCC form to replace the current issues/programs list. This form would require that television broadcasters document specific details regarding their public interest service, including information regarding local news, local governmental affairs, local electoral affairs, and emergency accessibility complaints. The comment deadlines in that proceeding were in January 2012. Because the FCC must issue a Notice of Proposed Rulemaking prior to implementing any new rules, it may be some time until any new reporting form will become effective. Nevertheless, television broadcasters should be alert to a future announcement regarding the effective and due dates of any new FCC form for this purpose.
Download: 2014 First Quarter Issues/Programs List Advisory for Broadcast Stations