WARNING BELL - Online Public File for All

We are only 30 days away from the six-month warning bell when all radio all broadcasters must be have their FCC online public file fully functional. Broadcasters who are mindful of their public file responsibilities will recall that in June 2016, the online public file rules became effective for larger commercial radio stations; those in the top 50 Neilson markets with five or more full-time employees. The Commission granted a two-year grace period to all other broadcasters.

On March 1st, 2018, the online public file requirement attaches to all broadcasters including radio stations outside the top-50 markets, all stations regardless of the number of employees, and noncommercial educational stations. Effective March 1st, 2018, it will be the responsibility of all broadcast licensees to make sure that the full public file is loaded online on the Commission's website.

There are three exceptions to this upload requirement:

1. The FCC will automatically transfer all materials in FCC electronic databases and all FCC generated documents that are required to be in the file.

2. Existing political file materials may remain in the local public file. Existing political file materials may, however, may be voluntarily uploaded, will replace the responsibility to have them in a local paper file.

3. Letters and e-mail from the public. The irritating requirement to collect letters and e-mails from the public commenting on station operation and place them in the public file is no more. Fulfilling one of Chairman Pai's first promises, on January 31st, 2017 the Commission adopted an order eliminating this requirement. However, due to a delay in the order's publication in the federal register, it did not actually become effective until June 29th, 2017. It is now effective and these letters and e-mails no longer need be kept in the online public file or at the station.

Political File

The political file is an obligation found in statute. The Communications Act requires licensees to make the station's political file available to the public. Therefore, broadcasters are still required to maintain a local back-up of the political file should the FCC online public file become unavailable. It's the broadcaster's option how it is to be maintained; paper, electronic, microfiche or any other form, as long as the complete file is available for public inspection.

Fortunately, the Commission provides for the ability to download a back-up mirror copy of the station's entire public file. The purpose is to allow the station the means to reconstitute the file should the FCC online file become compromised. While this is optional, if a station chooses to download the mirror back-up, that back-up would include the political file materials and the local backup copy is automatically preserved at the station. Keep in mind that it would still be necessary to add to the backup all new political file materials that had not been uploaded before the download and therefore included in the mirror back-up.

PS: Regarding the upload, the Commission recommends uploading in the documents' existing format, and if the format is already searchable, to upload the searchable format.

Important Reminders:

Websites. Stations with websites must place a homepage link to the first page of the FCC hosted file and list a contact representative for persons with disabilities. This is in addition to the already required link to your EEO annual public file report. Remember the Annual EEO Public File Report link on your website must be a direct link to the EEO report on the FCC online public file.

Back-up files. While not required, request and download a mirror copy of the FCC online public file on a regular basis.

Political files. Above all, make sure that maintain a current back-up copy in the event the FCC's public file website portal goes down. If you maintain the backup from the FCC mirror copy, make sure it is someone's responsibility to keep it updated.

So, if you haven't already, it is time to get familiar with the FCC online public file portal. A good place to start is a look at what other stations have already done. Go to https://publicfiles.FCC.gov and you can search other stations. Click the sign-in button in the upper right corner of the screen to sign into your own station's online public file. To do this, you will need your station's Facility ID and a passcode, which can be obtained at the owner's dashboard using your CORES's FRN and password combination.

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.