|
|
|
By Gregg P. Skall, Womble Carlyle |
|
|
|
|
|
|
|
|
|
|
Routine Applications |
|
Contested Applications |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
And Remember:
This time around you must file a Biennial Ownership Report even if
it’s NOT your biennial |
|
The FCC is starting a new biennial period to
coincide with your renewal period |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
303-S Renewal Application |
|
396 EEO Program Report |
|
323-E (Non-Commercial) |
|
5072 Address Change |
|
159
Fee Remittance |
|
|
|
|
|
|
|
|
|
|
|
|
|
Pre-Filing
Announcements |
|
1st & 16th of February and March 2005
(2006 TV) |
|
File
Renewal Forms by April 1, 2005 (2006 TV) |
|
FCC Form 303-S |
|
FCC Form 396 |
|
FCC Form 323 or 323-E (Filed Electronically
Again)* |
|
Online or mail Fee Remittance ($150) |
|
|
|
|
Post-Filing Announcements |
|
Application/Announcement In Public File |
|
Post FCC Notice of Acceptance |
|
Receive and Post Renewal Authorization |
|
|
|
|
FCC Form 303-S Renewal Application - Section I |
|
|
|
|
FCC Form 303-S Renewal Application – Sec. I
(Page 1) |
|
Applicant Name on Station License |
|
Official Mailing Address |
|
FRN |
|
Facility ID Number |
|
|
|
|
|
|
|
|
Identify Main Station |
|
Any FM or TV Translator, LPTV or FM Booster
Licenses Associated with Main Station |
|
|
|
|
|
|
“Review of Instructions” and Certification |
|
Everything is true |
|
All Pertinent standards and criteria have been
met |
|
|
|
|
|
|
“No Adverse Final Actions” Certification: |
|
Past 10 years |
|
Felony |
|
Mass
Media Related Antitrust or Unfair Competition |
|
Fraudulent Statements to Governmental Agency |
|
Discrimination |
|
|
|
|
|
Question 4 (Instructions Have Been Revised) |
|
FCC Violations During the Preceding License
Term? |
|
Only violations as determined by the Commission
or a Court |
|
Preliminary or final determination |
|
Includes
Notices of Violation, Notices of Apparent Liability, Forfeiture Orders
and other findings of FCC rule violations |
|
Does NOT
include “violations” identified by Station itself or ABIP |
|
|
|
|
|
|
|
|
Question 1 |
|
Biennial Ownership Report |
|
File with Renewal Application – even if you
filed last year |
|
|
|
|
|
Question 2a |
|
FCC Form 396 EEO Program Filing Certification |
|
Must electronically file EEO program first |
|
Then insert the file number of the filed EEO
program into the box |
|
Question 2b |
|
EEO Public File Report Posted on Station Website |
|
|
|
|
|
Question 3 |
|
Material Placed into Local Public File at
Appropriate Times |
|
Issues/Programs Lists |
|
Current Authorizations |
|
Currently Pending Applications |
|
Be truthful and explain |
|
|
|
|
|
|
|
|
|
Question 3 |
|
More Public File |
|
Contour Maps |
|
FCC Form 323 Ownership Reports |
|
Ownership Contracts and Documents |
|
Letters and E-mails from the Public |
|
|
|
|
|
|
|
|
|
Question 3 |
|
More Public File |
|
EEO (More on this in a moment) |
|
“The Public and Broadcasting – A Procedure
Manual” |
|
Time Brokerage Agreements |
|
|
|
|
|
|
|
Question 3 |
|
More Public File |
|
The Political File |
|
Current Must Carry/Re-Transmission Consent (TV
Only) |
|
Commercial Limits and Children’s Television
Reports (TV Only) |
|
|
|
|
|
Question 4 |
|
Discontinued Operations? |
|
Was the station off the air for more than 12
continuous months? |
|
|
|
|
|
Question 6 |
|
Environmental Effects |
|
Facility
will not have a significant environmental impact |
|
Facility
complies with RF exposure limitations |
|
You or
your engineer must successfully complete worksheet on page 11 of 303S
instructions |
|
Effect
if new environmental problem since construction ? |
|
|
|
|
TV Programming Requirements |
|
Not until 2006 |
|
|
|
|
|
|
$150 per Renewal Application |
|
Pay fee online by Credit Card, or |
|
Mail Form 159 and Check to Mellon Bank |
|
Within
14 days |
|
|
|
|
|
|
1996 Telecomm Act Prohibited Competing
Applications |
|
License Runs on Record |
|
The Better the Record, |
|
the Greater the Likelihood of Renewal |
|
|
|
|
|
|
Under the 1996 Telecom Act |
|
1st: should renewal be granted? |
|
If not, then other applications |
|
Statutory standard |
|
Served the public interest, convenience &
necessity; |
|
No serious violations of Act or rules |
|
No other violations |
|
“Constitute Pattern of Abuse” |
|
If can’t so find: Hearing or Short Term Renewal |
|
|
|
|
|
Criteria Considered in review if a Petition to
Deny is Filed |
|
Don’t know -- No Cases |
|
Renewal Expectancy ????? |
|
Ascertainment |
|
Responsive Programming |
|
Reputation |
|
FCC Rules Compliance |
|
Special Community Efforts |
|
|
|
|
May be filed up to one month before license
expires |
|
Ninety days after acceptance of late filed
renewal |
|
Must serve the applicant |
|
If late can be informal objection |
|
|
|
|
|
Petitioner must have standing |
|
“regular listener” |
|
Someone directly harmed |
|
Statement of facts verified as true |
|
Affidavit or declaration under penalty of
perjury |
|
CALL YOU LAWYER ! |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
In public files and on websites on the renewal
filing anniversary date: |
|
List of All Full-Time Jobs Filled |
|
List of Recruitment Sources Used to Fill Each
Vacancy |
|
Description of Supplemental Outreach Initiatives |
|
Yearly Total Number of Interviewees and Total
Number of Interviewees Referred by Each Recruitment Source |
|
Summary Description of Supplemental Outreach
Initiatives |
|
|
|
|
|
All licensees must file an FCC Form 396 with
license renewal application |
|
Must electronically file EEO program first |
|
Then insert the file number of the filed EEO
program into the box |
|
|
|
The EEO Public File Report covering two year
period preceding filing of renewal application (back to March 10, 2003)
must be attached |
|
|
|
|
|
|
Recently acquired station: |
|
expected to cover only the period since
acquisition |
|
periodic
efforts prorated |
|
Report asks about complaints filed against
station for unlawful discrimination |
|
During most recent license term |
|
Information regarding disposition or status |
|
Exclude if
resolved on merits favorable to broadcaster |
|
|
|
|
|
|
Strobe Lighting in Residential Neighborhood |
|
Wilderness or Wildlife |
|
Endangered Species |
|
Historic Place |
|
|
|
|
|
Indian Religious Site |
|
Floodplain |
|
Wetland or Water Diversion |
|
RF Radiation Exposure |
|
(If Yes to ANY question, then Environmental
Assessment necessary – Call your lawyer!) |
|
|
|
|
|
|
Only user on the tower |
|
One of several FM orFM translators on a single
tower & more that 315 meters (1,034 ft.) from any other tower or
non-excluded RF rad. source |
|
Multiple-tower AM array; no other user
co-located within the array &
315 meters |
|
AM station if access restricted to preclude
access & warning signs are posted & 315 meters |
|
|
|
|
TV or DTV |
|
There are other towers with non-excluded RF rad.
source within 315 meters (1,034 ft.) of the tower |
|
Multiple-tower AM array; no other user
co-located within the array &
315 meters |
|
Other antennas/RF sources on the tower other
than AM or FM not excluded by §1.1307 |
|
FM, TV or non-excluded RF w/in AM multiple tower
array |
|
Tower site where terrain, building or inhabited
structure w/in 315 meters |
|
|
|
|
|
|
|
|
|
|
|
|
Access |
|
Public
has right of access during regular business hours |
|
No
appointment necessary |
|
No
identification necessary other
than name and address |
|
|
|
|
All
station employees should know the location of the
public file |
|
A
placard or notice should be near receptionist stating the
location of the public file |
|
|
|
|
Must
Be at Station’s Main Studio |
|
Station must provide copies of material at
reasonable charge |
|
|
|
|
|
|
|
|
Evaluated for compliance with 3 hour standard |
|
3 hours “core programming” per week, or |
|
Programming “specifically designed” to serve the
educational & informational needs of children, or make an equivalent
commitment showing |
|
ID
on air & info to guides |
|
Quarterly FCC 398 reports in Public File |
|
Quarterly file in electronic form |
|
|
|
|
|
|
|
|
3 hours “core programming” per week |
|
ID
on air & info to guides |
|
Quarterly FCC 398 reports in Public File |
|
Annually file in electronic form |
|
|
|
|
|
|
“Programs
originally produced & broadcast for children 12 yrs. old and under.” |
|
12 min.
on weekdays |
|
10.5
min. on weekends |
|
Not counted: |
|
PSA’s |
|
Sold educational or informational material w/o
mentioning specific product. |
|
|
|
|
Must
be maintained separately in Public File |
|
Publicize existence and location of children
television program reports “in an appropriate manner” |
|
|
|
|
Nonbroadcast efforts |
|
Summary of Licensee Programming Response |
|
Support for other station programming directed to
the educational and informational needs of children. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Issue responsive programming on one station does
not necessarily carry the other. |
|
|
|
|
FCC
says no difference between brokered and non-brokered station |
|
Brokered stations have same issue/program
responsibility as non- brokered stations |
|
Brokered stations must prepare issues/programs
lists |
|
|
|
|
Licensee Responsibility for Station |
|
Duration and Termination Provisions |
|
Method of Payment by Time Broker |
|
Amount of Time Brokered |
|
Responsibility for Record Preparation |
|
Unfettered Right to Preempt Programs |
|
|
|
|
|
|
Personnel |
|
General Manager or other station official in
charge |
|
Programming |
|
Right to reject any programming and time for
issue-responsive program |
|
Finances |
|
Licensee must pay expenses |
|
|
|
|
An allegation of an unauthorized transfer of
control can hold up a license renewal application for years |
|
|
|
|
Web Site: |
|
www.fcc.gov/mb/audio/renewal |
|
Email: |
|
radioren@fcc.gov |
|
Phone |
|
1-888-CALL-FCC |
|
|
|
|
|
|
|
|
|
Notes