2016 Broadcasters’ Calendar

I. Prohibition on Certain Communications: Beginning on the January 12, 2016 deadline to file applications to participate in the Broadcast Incentive Auction, all full-power and Class A television licensees that are or will become eligible to participate in the reverse auction will be subject to the FCC’s rules prohibiting communications about bids and bidding strategies. This “quiet period” will continue until the FCC declares the Auction is over and announces the results of the Auction.

II. Television Station Online Public Inspection File: The FCC adopted a requirement that full-power and Class A television stations post the contents of their public inspection file on the FCC's website, effective as of August 2, 2012. For such stations, all references herein to the public inspection file refer to the TV station’s online public inspection file. The FCC is currently considering a Notice of Proposed Rulemaking which would expand the online public file requirement to include radio stations as well.

III. Quarterly Issues/Programs Lists: 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 While that form was later rescinded before becoming effective, the FCC issued a Notice of Inquiry proposing a new FCC Form to replace the current issues/programs list. As of this publication, radio, television, and Class A television licensees must continue to prepare and place issues/programs lists 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 the proposed new form. However, because the FCC must issue a Notice of Proposed Rulemaking prior to implementing any new rules, it will still be some time until a new reporting form is adopted by the FCC.

IV. 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 FCC 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 2016 deadline dates are noted in this Calendar.

V. Applications for Renewal of License: The three-year long license renewal cycle for broadcast stations in television services (television, Class A, LPTV, TV Translator), which began on June 1, 2012, ended in 2015 and will not begin again until June 1, 2020. The renewal cycle for radio services (AM, FM, FM Translator, LPFM), which ended in 2014, will not begin again until June 1, 2019.

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 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. This edition of our annual "Broadcasters' Calendar" supersedes all prior editions and accordingly any prior editions should no longer be used.

January 1

Closed Captioning of Internet Video Clips—Beginning on this date, Internet video clips that contain a single excerpt of a captioned television program with the same video and audio that was shown on television (i.e., “straight lift” clips) must be captioned if the associated programming was shown on television in the United States with captions.

January 10

Quarterly Issues/Programs List Required—All full-power radio, full-power television, and Class A television stations must place in their public inspection files by this date the Quarterly Issues/Programs List covering the period October 1, 2015 through December 31, 2015.

Certification of Children's Commercial Time Limitations Required—Commercial full-power and Class A television stations must place in their public inspection files by this date records "sufficient to verify compliance" with the FCC's commercial time limitations in children's programming broadcast during the period October 1, 2015 through December 31, 2015.

FCC Form 398 Children's Programming Report Due—Commercial full-power and Class A television stations must by this date electronically file FCC Form 398 demonstrating their responsiveness to "the educational and informational needs of children" for the period October 1, 2015 through December 31, 2015, and ensure a copy of the form as filed with the FCC is in the station's public inspection file. Note that because this filing deadline falls on a weekend, the submission of this item to the FCC may be made on January 11.

Class A Television Continuing Eligibility Certification—Class A television stations are required to maintain documentation in their public inspection files sufficient to demonstrate continuing compliance with the FCC's Class A eligibility requirements. We recommend that by this date Class A television stations generate such documentation for the period October 1, 2015 through December 31, 2015 and place it in their public inspection files.

Download: 2016 Broadcasters' Calendar