2018: Important Dates For All Broadcasters

The first quarter of 2018 brings three important dates to the calendar of all broadcasters. First up is the final AM cross-service translator filing window in the FCC's AM Revitalization Project. Then, March "Comes In Like a Lion" with two more important deadlines for all broadcasters, television and radio. On March 1st, 2018, the two-year online public file grace period expires. All stations, even those outside the top-50 markets, noncommercial educational stations and stations with fewer than five full-time employees, must complete the transition to the FCC online public file and it must be active and up to date.

Then one day later, on March 2nd, 2018 all stations must have filed their 2017 biennial ownership report. So, let's take them one at a time.

Fourth and Final Cross-Service FM Translator Filing Window, January 25th- 31st, 2018.

The fourth and final FM cross-service translator filing window for AM stations opens January 25th for one week. This is the second filing window for new cross-service FM translator stations. It is open to any AM station licensee that did not participate in either of the previous FM translator 250-mile move-in windows or the last cross-service FM translator Auction 99 window for new translators, which was open only to Class C and D AM stations. This final window is open to all stations, including Class A and B AM broadcast stations that did not have a previous opportunity to participate in filing for a new translator.

Note that the new translator window is for fill-in service only, meaning that the coverage contour must be contained within the greater of either the AM station's 2 mV/m daytime contour or the 25-mile (40 km) radius centered at the AM transmitter site.

The application may be filed by either the AM station licensee or permittee or, if applicable, the proposed assignee of an AM station. But only one of them can file per station.

The application is filed on FCC Form 349, completing only Section I, the Tech Box of Section III-A and Section 6 certification. Based on that information, the FCC staff will make a determination whether the application is mutually exclusive with others filed in the window or a "singleton," which can be granted following later completion of the entire FCC Form 349.

In addition, each applicant must file an FCC Form 175 to participate in an auction. An auction will be held only in the event that the translator FCC Form 349 is mutually exclusive with another and cannot be settled in a later settlement window. Once the 349 is filed, the FCC anti-collusion rule prohibits discussion about the applications between applicants. Be sure to discuss all relevant issues with your legal counsel to assure that you remain in compliance before and during the application and grant the process. The full filing instructions can be found here.

2017 Biennial Ownership Report - March 2nd, 2018

Last December, the Commission completed its new biennial ownership report form and opened the window for filing. The new FCC Form 323 and 323-E are now in the FCC's new Licensing and Management System ("LMS"), the system that will eventually replace CDBS. All biennial ownership reports must be filed by the extended deadline, March 2nd, 2018. TV stations have been using LMS for some time, but the system is new to radio broadcasters. All licensees of commercial and noncommercial AM, FM, TV, LPTD, and Class A stations, as well as all entities for their ownership interests must file in LMS, reflecting their ownership interest as they existed on October 1st, 2017. The forms must be filed electronically; paper submissions will not be accepted.

Online Public File - Times Up, March 1st, 2018

Last July I rang the warning bell that we were only six months away from when all radio broadcasters must be have their FCC online public file fully functional. Read it here. On March 1st, 2018, the online public file requirement attaches to all broadcast stations regardless of the number of employees, including radio stations outside the top-50 markets and noncommercial educational stations. 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.

My July article lists what you have to do and what the FCC will do for you. Remember, too, there are special obligations for the political file. 2018 is going to be a bell-ringer of a political campaigning year, so make sure someone at the station is responsible, fully briefed and ready to fulfill all political file obligations, including having a back-up ready should it be needed. For a full explanation of the online public file and how it works see my 2016 NAB Radio Show seminar PowerPoint here.

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.