1. Getting Ready for License Renewal
Presented by David Oxenford
State Broadcast Association Webinar
November 15, 2018

2. Remember License Renewal?
Cycle starts June 2018 for Radio, and June 2019 for TV
States on the call, radio renewal filing dates:
Mississippi and Louisiana – Feb 1, 2020
Indiana – April 1, 2020
Michigan – June 1, 2020
Wisconsin – August 1, 2020
North Dakota – December 1, 2020
Maine – December 1, 2021
Pennsylvania – April 1, 2021

3. Why Should We Start Thinking About It Now?
Time to correct issues that may exist
Online Public File will bring far greater scrutiny
Political climate may trigger questions
Lots of little issues that can trip you up – and certifications raise issues
To some degree, we are guessing as new forms are not out – but most questions will not significantly change from prior cycle

4. NO LICENSE, NO STATION, NO JOB
License renewal is vital to the continued operation of your Station
If you don’t file, the FCC can take away your station’s authority to operate
If you forget to file, or file late, the FCC is likely to assess a significant fine
The FCC will not permit you to close on a sale or purchase while the renewal is pending.
Delays in getting your renewal granted can delay sales and other regulatory approvals

5. Most Important Thing? Be truthful
Lots of certifications that, if untrue, can be seen as a lie to the FCC
Lying (“misrepresentation and lack of candor”) can cause you to lose a license, while rule violations usually only result in a fine
Online Public File makes false certifications that would have been ignored in the past much more transparent – and the FCC is likely to review

6. While No One Used to Look at the Public File….
All online now - accessible from anywhere at any time
FCC applications should generally be uploaded automatically
LMAs/JSAs
Contracts relating to station ownership and control – Articles and By-Laws, Stock Pledges, other documents that put significant restraints on your unencumbered operations – must have list in file and actual documents must be made available in a week upon request, if not in the file
Documents about FCC investigations – including EEO audits – need to be in the file
Political documents
Quarterly Issues Programs Lists
EEO Annual Reports
TV children’s television commercial limits documentation

7. What you did and when you did it - Quarterly Issues Programs Lists
Don’t forget Quarterly Issues Programs lists – they are your official record of public service programming
10 days after the end of each quarter – they go in your public file
5 to 10 most important issues in your community and the programs that you broadcast to address those issues
Every full-power station should have them – these are the only official documents of how you served the public interest
Biggest source of fines last renewal cycle – for commercial and noncommercial stations
Fines up to $15,000 per station for no Quarterly Issues Programs lists in the Public File

8. That Old Favorite - EEO
Every renewal application is scrutinized for EEO Compliance
You file 2 years of Annual Public File Reports with the renewal – so hiring done now for many stations on this call will be scrutinized
Be sure to widely disseminate information about all job openings, absent unique circumstances
Don’t rely just on in-house sources – make sure your sources work by bringing in outside interviewees
Not focused on minority hiring – but instead on reaching out to all community groups

9. Antidiscrimination Certification
Must include a clause in contracts that says you don’t discriminate in the sale of advertising, and that the advertisers don’t either
If you don’t have sales contracts, put it on other sales documents (but think about some form of contract)
Must make sure that rep firms and other agents do the same with their customers when selling on behalf of the station

10. Certifications Galore
All Ownership reports filed
Children’s TV reports for TV stations
No fines by FCC
Station is on the air
Station has not been off the air for substantial periods – big issue in past renewal cycles especially for silent AM stations
RF radiation compliance
No character issues – felonies, media antitrust, discrimination, fraud before government agency

11. PLANNING: AVOID UNPLEASANT SURPRISES – RESEARCH NOW
Task the station engineer with completing an RF radiation analysis of your site – to assure that there are no changes, or that it is in compliance using the FCC’s worksheets.
Set an early deadline so corrective action can be taken if necessary
Send each officer, director or other person or entity holding an attributable interest in the licensee a background questionnaire to check on character issues
Set an early deadline for responses; push to get them back.

12. PLANNING: WHO ARE YOU? GET THE DETAILS RIGHT
Licensee Name
Legal Address
Call Letters
City of License
Pay Your Fees: “Red Light Issue” will hold you up
If there are inconsistencies, get them corrected before you file!
Key identifiers needed to file:
FIN: Facility ID Number
FRN: FCC Registration Number
CDBS: Commission Database Broadcast System Password
LMS – new database that may be used if new application developed – used earlier this year for ownership reports

13. PLANNING: MORE PREPARATION
Inventory all licenses
Main station license
Boosters
Translators
Auxiliaries—STLs, RPUs, Inter-city Microwave
Non-broadcast
Are they current and cover all activities of the station?

14. PROCESS: STEP 1 - PRE-FILING ANNOUNCEMENTS
Air on the first and 16th of the two months preceding the filing of the renewal – Starts in April of this year for radio in Mid-Atlantic states
Standard announcement text set out by the FCC - tells listeners that you will be filing your renewal, that they can look at your public file, and that they can file comments on our renewal
For radio, run two announcements between 7:00 and 9:00 am and/or 4:00 and 6:00 pm
If you are not on the air during those hours, run at least 2 during the first 2 hours you are on the air
For TV, at least two between 6-11 PM (5-10 Central and Mountain times)
Keep copies of text and times for subsequent certification

15. PROCESS: STEP 2 – FILE THE RENEWAL
Keep alert for due dates for your state
Watch translators – if same state as primary station, probably filed on same form – if in different state with earlier renewal, needs to file separately
Need to file EEO Form 396 with the Renewal
Electronic filing – must be filed electronically
With a filing fee
Then run post-filing announcements for three months, on the 1st and 16th of each month

16. Post-filing Announcements
First and 16th of three months starting with day of renewal filing
Radio
At least three to air between 7:00–9:00 am, and/or 4:00–6:00 pm
At least one in each of these time: between 9:00 am–noon, noon–4:00 pm, and 7:00 pm–midnight TV
At least 3 between 6:00-11:00 PM (5-10 PM Central and Mountain)
At least one each between 9 AM and 1 PM, 1 PM to 5 PM, and between 5 PM to 7 PM
Statement of Compliance must be placed in public file within 7 days of airing last announcement

17. PROCESS: STEP THREE - WAIT
The Public can file comments for three months after you file
If you file late, the public gets more time to object
Any objection will take months (maybe years) to resolve
The FCC may have questions too – especially if there are enforcement issues (still renewals pending from last cycle, mostly based on stations with extended off-air periods, prior cycles delayed by indecency issues)
Other issues may take months to resolve
If no issues – look for renewal grant a little less than 4 months after filing – just before license expires
If you don’t see it – ask why it’s held up

18. THINGS TO WORRY ABOUT LICENSE RENEWAL ISSUES
Certifications and Public File
Being truthful
General compliance issues including being on-air for extended periods during license term
Petitions
Don’t forget the fee and Form 159!

19. Getting Ready for License Renewal
State Association Webinar
November 15, 2018
Presented by David Oxenford