The Station Log

It's been nearly a generation since the regulatory reform dockets in which the FCC cleared "regulatory underbrush" from its regulations. That was called deregulation, re-regulation and market reform. Among the achievements of that movement of the 1970s and 1980s was the elimination of many of the regulatory record-keeping requirements imposed on broadcasters and the simplification of other burdensome regulations. An unintended consequence was to reduce the regulatory knowledge required of every station employee.

There was a time even earlier when nearly every station employee coming anywhere near a microphone or production board was required to hold an FCC license and have at least a rudimentary knowledge of the regulations. The times changed over the years and now even many station managers are not fully aware of all of the regulatory requirements still imposed.

Many of the questions we often get relate to FCC logs. What information is still required to be maintained, a general manager will ask. How long do I have to keep it and must it be kept on paper? Do I have to log my commercials, and what detail do I need to maintain in the program log?

The fact is, many station employees are not fully aware of the record-keeping requirements of Part 73 of the FCC rules -- the part that relates to broadcasting, including the matters that must be maintained in a station log. The basic requirement is found at §73.1800 of the FCC Rules and the contents are detailed at §73.1820. The amount of information required to be kept in a station log is significantly less than many imagine, but judging by some of the fines that are issued by the Commission, more than many are aware of.

The station log must be kept by a station employee "competent to do so" and who has actual knowledge of the facts. Thus, the GM should assign the task to an employee who understands the rules and is trained in the engineering required for some of the special readings that may be required to be logged, depending on the station's circumstances. All entries must accurately reflect the actual operation of the station. The employee who makes an entry must sign the log. His or her signature serves as a personal and legal attestation that the entry, as well as any corrections or additions to it, are accurate.

The log must record all the detail required for that type and class of station, and the log must be readily available to be read without special requirements or lapse of time. All logs kept on paper must have all the pages numbered and dated with the time entries in local time indicated as either daylight savings or standard.

Here is a list of station log requirements:

* Regular observations of tower lights. If extinguished or malfunctioning, the log must also include the nature of the problem, the date and time of extinguishment or improper operation, and the date, time and nature of adjustments, repairs or replacements.

* A record of any entries that are specifically required on the station license or other instrument of authorization.

* Each test and activation of the Emergency Alert System. The EAS records may be kept in a special EAS log, in which case the EAS log is considered a part of the station log.

* The records for the logs can be maintained manually, or by the use of automatic devices, provided they are calibrated and that records are kept of the calibration. The equipment used for automatic recording must conform to other specifics found in the Rules at 73.1215.

* The logs must be kept for a period of two years. However, logs involving communications incident to a disaster or regarding an FCC investigation must be retained until authorized for destruction by the FCC. If the log relates to a complaint of which the licensee has received notice, relevant records must be maintained until the matter has been fully resolved or the applicable statute of limitations has run.

* The logs may be maintained manually or electronically, provided that they can be made readily available for suitable viewing. If special equipment is required for viewing, it must be available to permit FCC inspection. Logs stored on data storage systems have to be made available as full sized copies when requested by the FCC or when requested by the public, if authorized for public inspection under FCC Rules.

* Directional AM stations have special requirements if they do not have an FCC-approved antenna sampling system. This is very technical area and the station engineer should consult the §73.1820 for details.

Occasionally, I still get questions about program logs. However, there is no longer any requirement to keep program logs or records of material that is broadcast, whether it is commercial matter or programming. The exceptions to this, of course, are the public file requirements for the quarterly report of issues and programs and the political file required in each station's public file. However, the public file is separate from either the station log or a program log, neither of which the public has a right to see.

Even though a program log is not required by the FCC, many licensees maintain one anyway as a convenient and reliable record of spots and other material that has been broadcast. Such program logs can be used for internal and business purposes, as, for example, to document for advertisers, agencies or reps that a spot was actually broadcast (and when). Even though program logs are not subject to public inspection, there is a risk -- FCC staff might ask to see them, or, if relevant, they could be subpoenaed as evidence in a lawsuit alleging station wrongdoing. Thus licensees will have to determine whether maintaining such a log is worthwhile.

A final tip: It's a good idea to keep a copy of the FCC rules at the station. They can be ordered in hard copy from the GPO, or easily found on the Internet at: http://ecfr.gpoaccess.gov/

In the Browse box, go to Title 47-Telecommunications, and then go to Volume 4 for access to Part 73 Radio Broadcasting Services. Here's a direct link:

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.