18 Issues In 18 Minutes

What a Broadcaster Should Worry About From Washington DC

David Oxenford

Momentum ‘09

September 10, 2009

Davidoxenford@dwt.com

www.broadcastlawblog.com

1. Localism – Programming Issues

Quantitative programming requirements as to

amount of news, public affairs or local

programs

Community Advisory Boards

Fairness doctrine through the back door?

2. Localism – Studio Location

Potential for main studio in city of license

Even if it does not return, possibility of enhanced requirements for programming obligations on issues of importance to your city of license

3. Localism – Manning Main Studio

Proposal for manning during all hours

of operation

Likely more requirements for

coordination with local authorities in

case of emergency

4. Current Main Studio Rules

Manned during normal business hours

2 employees report there as principal place

of business At least one must be management employee

Need to be able to originate programming

and control the station from the “main studio”

5. EAS

Need to monitor primary stations Need to keep track of required tests in

Station Log (which means that you need to make sure that you have a “Station log”)

Need to make sure that the equipment works!

6. Auxiliary Licenses

STLs and RPUs – make sure they are

licensed and on correct frequencies

Satellite dishes – make sure they are timely

renewed

Make sure that you notify FCC of completion

of construction of new stations

7. Public File

Accessible during normal business hours to all who ask

Ownership information FCC applications Letters from the public about station operations LMAs/JSAs QPIs

8. Quarterly Programs Issues Lists

Quarterly Requirements to place list of

issues to community in file and programs that

address those issues

Kept for entire renewal period

Biggest source of fines during license

renewal time

9. Sponsorship ID

If you get compensation for airing programming, you need to acknowledge that fact on the air

Payola But not just applicable to music programs Apples not just your employees - syndicators too –

you need to ask if they have been paid If you get something for free in exchange for saying

something on the air, acknowledge it!

10. Noncommercial Underwriting Announcements

No call to action

No qualitative claims

No price information

Must be short and boring!

11. EEO

Big push at FCC recently – more fines, more review of EEO performance of Station Employment Units with 5 or more full time employees

Religious broadcasters can decide which positions need religious affiliation, but must then recruit within those with affiliation

Wide dissemination among the entire community Supplemental efforts to educate the community on broadcast

employment opportunities Review your program to see if you get interviewees from

outside traditional broadcast sources (consultants and word of mouth)

Recordkeeping!

12. Technical Operation

Stay on frequency Stay within authorized power AM stations with day/night power or pattern

differences – observe them! If something goes wrong – ask for STA –

don’t ignore problems and hope that no one will notice

13. Tower Lights, Paint and Fences

Make sure lights are working Make sure paint is visible If light problem – notify the FAA Fence and mark areas of high RF Make sure fence really keeps people out Tower registration number needs to be

visible outside fence

14. Translators

Challenges for spectrum LPFM challenges AM stations want more translators

Make sure that they are operating correctly – easy to overlook problems, but treat problems like you would for any station or fines can result

15. Contests

Adopt clear rules

Anticipate issues in rules Ties, unavailability of the prize, multiple winners

Announce material rules on the air

Follow the rules

16. Copyright Issues

Don’t use someone else’s content without permission

Places where I see issues: Slogans, liners and positioning statements Recorded music used in commercials and promos Movie or TV bits incorporated into radio program

Be careful with the use of pictures and other materials created by independent contractors

Websites make you a target

17. Streaming Fees

Pay those royalties

Make sure that you have signed up for

right deal

Keep records and submit them as

required

18. Performance Royalty

Watch out for this Even though NAB has majority of Congress

on broadcaster’s side, that can change Proposals limit small broadcaster’s liability –

but remember all broadcasters were to be exempt 10 years ago when royalty first adopted – the law today can change tomorrow – beware of the foot in the door

Overtime….

Indecency (phone call issues in particular)

Ownership reports – new requirements

ASCAP/BMI/SESAC

HD radio power increases

No airing phone calls without prior

permission – no taping for airing either

18 Issues In 18 Minutes

What a Broadcaster Should Worry About From Washington DC

David Oxenford

Momentum ‘09

September 10, 2006

Davidoxenford@dwt.com

www.broadcastlawblog.com