1. 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

2. 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?

3. 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

4. 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

5. 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”

6. 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!

7. 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

8. 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

9. 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

10. 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!

11. 10. Noncommercial Underwriting Announcements  No call to action  No qualitative claims  No price information  Must be short and boring!

12. 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!

13. 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

14. 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

15. 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

16. 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

17. 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

18. 17. Streaming Fees  Pay those royalties  Make sure that you have signed up for right deal  Keep records and submit them as required

19. 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

20. 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

21. 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