January 2012

FCC Deadlines:

• January 3—January 12. Filing Window for Participation in FM Auction No. 93 Open. The filing window for parties interested in participating in the FM Auction No. 93, which offers 119 construction permits for new FM radio stations in various locations around the country, opens at noon on January 3, 2012. Parties interested in potentially bidding in the auction must complete and file an FCC Form 175 (Short Form) application by 6:00 PM ET on January 12, 2012, when the window closes. The auction will begin on March 27, 2012, and in addition to submitting an FCC Form 175 during this window, potential bidders must also make the necessary upfront deposit by the February 22nd deadline detailed below.
• January 10—FCC Form 398 Children's Television Programming Reports Due. By Jan. 10, all commercial full-power television stations and Class A LPTV stations must prepare and file an FCC Form 398 Children's Programming Report for the fourth quarter of 2011 with the FCC.
• January 10—Children's Television Commercial Limitations Certification. In addition to broadcasting programming responsive to the educational and informational needs of children, the FCC's rules limit the amount of commercial material that can be aired during programming aimed at children. In order to demonstrate compliance with this rule, stations must prepare and place proof of compliance with the commercial limitations in the public inspection file every quarter. Thus, by Jan. 10, stations must prepare and place in their public inspection files proof of compliance with the children's television commercial limitations for the fourth quarter of 2011.

January 10—Quarterly Issues Programs Lists. By Jan. 10, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of October, November and December dealing with those issues.

January 10—Class A LPTV Stations Demonstration of Continuing Compliance. The FCC requires that Class A TV stations maintain in their public files sufficient information to demonstrate their continuing eligibility for Class A status—e.g., that they have broadcast three hours per week of local programming, broadcast 18 hours a day, and otherwise observed the rules that apply to full-power TV stations. While the FCC has not mandated that this report or certification be made quarterly, the preparation of the Quarterly Issues Programs lists would seem to provide a good opportunity to prepare such documentation. Accordingly, by this date, Class A stations are encouraged to prepare and place in their public inspection files information sufficient to support their continued eligibility for Class A status.

Other Deadlines:

January 14—Copyright Royalties for Internet Streaming. By Jan. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Nov. 30, 2011, and file Reports of Use providing information about the songs they streamed.

Political Windows for Lowest Unit Rates:

January 18—Lowest Unit Rate Window Opens. Jan. 18 is the first day of the Lowest Unit Rate period for the presidential primaries and caucuses to be held on March 3. According to the list of dates available on the website of the National Association of Secretaries of State and/or the Federal Election Commission, the state holding its presidential primary or caucus on March 3 is: Washington (Republican Caucus).

January 21—Lowest Unit Rate Window Opens. Jan. 21 is the first day of the Lowest Unit Rate period for the presidential and/or congressional primaries and caucuses to be held on March 6. According to the list of dates available on the website of the National Association of Secretaries of State and/or the Federal Election Commission, the states holding their presidential primary or caucus on March 6 are: Idaho (Republican Caucus). The state holding both its congressional and presidential primary or caucus on March 6 is: Ohio.

February 2012

FCC Deadlines:

February 22—Upfront Payment Deadline for FM Auction No. 93. By 6:00 p.m. ET on February 22, parties that submitted an FCC Form 175 short form application for participation in FM Auction No. 93 must submit an upfront payment to the FCC in order to eligible to bid in the March 27th auction.

Other Deadlines:

February 14—Copyright Royalties for Internet Streaming. By Feb. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Dec. 31, 2011, and file Reports of Use providing information about the songs they streamed.

Political Windows for Lowest Unit Rates:

February 29—Lowest Unit Rate Window Opens. Feb. 29 is the first day of the Lowest Unit Rate period for the presidential primaries and caucuses to be held on April 14. According to the list of dates available on the website of the National Association of Secretaries of State and/or the Federal Election Commission, the states holding their presidential primary or caucus on April 14 are: Idaho (Democratic Caucus

March 2012

FCC Deadlines:

March 23—Mock Auction for FM Auction No. 93. On March 23rd the FCC will hold a mock auction to allow qualified bidders to test the auction software for the upcoming FM Auction No. 93.

March 27—FM Auction No. 93 Begins. FM Auction No. 93 offering 119 FM construction permits for sale in various locations around the country begins.

Other Deadlines:

March 16—Copyright Royalties for Internet Streaming. By March 16, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Jan. 31, 2012, and file Reports of Use providing information about the songs they streamed.

Political Windows for Lowest Unit Rates:

March 1—Lowest Unit Rate Window Opens. March 1 is the first day of the Lowest Unit Rate period for the presidential congressional primaries and caucuses to be held on April 15. According to the list of dates available on the website of the National Association of Secretaries of State and/or the Federal Election Commission, the states holding their presidential primary or caucus on April 15 are: Washington (Democratic Caucus).

March 31—Lowest Unit Rate Window Opens. Mar 31 is the first day of the Lowest Unit Rate period for the presidential and/or congressional primaries and caucuses to be held on May 15. According to the list of dates available on the website of the National Association of Secretaries of State and/or the Federal Election Commission, the states holding both their congressional and presidential primary or caucus on May 15 are: Oregon. In addition, Idaho is scheduled to hold its congressional primary on May 15, however, that date remains subject to cancellation/change by the state legislature.

April 2012

FCC Deadlines:

April 10—FCC Form 398 Children's Television Programming Reports Due. By April 10, all commercial full-power television stations and Class A LPTV stations must prepare and file an FCC Form 398 Children's Programming Report for the first quarter of 2012 with the FCC.

April 10—Children's Television Commercial Limitations Certification. In addition to broadcasting programming responsive to the educational and informational needs of children, the FCC's rules limit the amount of commercial material that can be aired during programming aimed at children. In order to demonstrate compliance with this rule, stations must prepare and place proof of compliance with the commercial limitations in the public inspection file every quarter. Thus, by April 10, stations must prepare and place in their public inspection files proof of compliance with the children's television commercial limitations for the first quarter of 2012.

April 10—Quarterly Issues Programs Lists. By April 10, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of January, February and March dealing with those issues.

April 10—Class A LPTV Stations Demonstration of Continuing Compliance. The FCC requires that Class A TV stations maintain in their public files sufficient information to demonstrate their continuing eligibility for Class A status—e.g., that they have broadcast three hours per week of local programming, broadcast 18 hours a day, and otherwise observed the rules that apply to full-power TV stations. While the FCC has not mandated that this report or certification be made quarterly, the preparation of the Quarterly Issues Programs lists would seem to provide a good opportunity to prepare such documentation. Accordingly, by this date, Class A stations are encouraged to prepare and place in their public inspection files information sufficient to support their continued eligibility for Class A status.

Other Deadlines:

April 14—Copyright Royalties for Internet Streaming. By April 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Feb. 29, 2012, and file Reports of Use providing information about the songs they streamed.

May 2012

Other Deadlines:

May 15—Copyright Royalties for Internet Streaming. By May 15, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending March 31, 2012, and file Reports of Use providing information about the songs they streamed.

June 2012

Other Deadlines:

June 14—Copyright Royalties for Internet Streaming. By June 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending April 30, 2012, and file Reports of Use providing information about the songs they streamed.

July 2012

FCC Deadlines:

July 10—FCC Form 398 Children's Television Programming Reports Due. By July 10, all commercial full-power television stations and Class A stations must prepare and file an FCC Form 398 Children's Programming Report for the second quarter of 2012 with the FCC.

July 10—Children's Television Commercial Limitations Certification. In addition to broadcasting programming responsive to the educational and informational needs of children, the FCC's rules limit the amount of commercial material that can be aired during programming aimed at children. In order to demonstrate compliance with this rule, stations must prepare and place proof of compliance with the commercial limitations in the public inspection file every quarter. Thus, by July 10, stations must prepare and place in their public inspection files proof of compliance with the children's television commercial limitations for the second quarter of 2012.

July 10—Quarterly Issues Programs Lists. By July 10, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of April, May, and June dealing with those issues.

July 10—Class A LPTV Stations Demonstration of Continuing Compliance. The FCC requires that Class A TV stations maintain in their public files sufficient information to demonstrate their continuing eligibility for Class A status—e.g., that they have broadcast three hours per week of local programming, broadcast 18 hours a day, and otherwise observed the rules that apply to full-power TV stations. While the FCC has not mandated that this report or certification be made quarterly, the preparation of the Quarterly Issues Programs lists would seem to provide a good opportunity to prepare such documentation. Accordingly, by this date, Class A stations are encouraged to prepare and place in their public inspection files information sufficient to support their continued eligibility for Class A status.

Other Deadlines:

July 15—Copyright Royalties for Internet Streaming. By July 15, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending May 31, 2012, and file Reports of Use providing information about the songs they streamed.

July 31—Copyright Royalty Claims Due for Eligible Television Stations. Parties interested in seeking compensation from the cable and satellite royalty funds for the year 2011 must file the appropriate form with the Copyright Royalty Board by July 31, 2012. Under the Copyright Act, cable systems and satellite operators that retransmit over-the-air broadcast television signals to the public must pay a compulsory fee to the Copyright Royalty Board each year. In turn, the copyright holders whose works were contained in those broadcasts may seek compensation for the retransmission of the work.

Accordingly, television stations with programming that they have produced and for which they hold the copyright, and whose signals were either carried as a distant signal on a cable system in 2011, or were rebroadcast by a direct-to-home satellite television carrier is eligible to file a claim for compensation with the Copyright Royalty Board. The royalties paid as a result of such a claim compensates the television station for the rebroadcast of their copyrighted material as a distant signal on the cable system or by the satellite operator. 
 
Claims may be filed during the month of July either online at the Copyright Royalty Board Web site, http://www.loc.gov/crb/claims/, or in paper with the Copyright Royalty Board, located at the Library of Congress in Washington, D.C. Online requests must be received no later than 5 p.m. E.D.T. on July 31; hand-delivered claims no later than 5 p.m. E.D.T. on July 31; claims delivered by commercial courier no later than 4 p.m. E.D.T. on July 31; and if by U.S. mail the claim must have sufficient postage and bear a July U.S. Postal Service postmark. Federal Express, United Parcel Service and similar overnight delivery services may not be used for the filing of these claims.

August 2012

Other Deadlines:

August 14—Copyright Royalties for Internet Streaming. By Aug. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending June 30, 2012, and file Reports of Use providing information about the songs they streamed.

September 2012

FCC Deadlines:

September—Annual FCC Regulatory Fees Due. Although the precise date will not be determined until the Summer of 2012, the deadline for paying the FCC's Annual Regulatory Fees is typically mid-September. Broadcasters must pay their FCC Annual Regulatory Fees by the deadline established by the FCC, or else face a 25 percent penalty, and the possible delay or dismissal of any pending applications. The Annual Regulatory Fees will cover the period from Oct. 1, 2011, through Sept. 30, 2012.

Other Deadlines:

September 14—Copyright Royalties for Internet Streaming. By Sept. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending July 31, 2012, and file Reports of Use providing information about the songs they streamed.

Political Windows for Lowest Unit Rates:

September 7—Lowest Unit Rate Window Opens for November 6 General Election. September 7 marks sixty days before the November 6 general election, which means that stations must offer qualified candidates the lowest unit rate from Sept. 7 through the election.

October 2012

FCC Deadlines:

October 1—Annual EEO Public File Report. By Oct. 1, radio and television station employment units in Oregon and Washington must place in their Public Inspection File and post on their Web site, if they have one, their FCC Annual EEO Public File Report.

October 1—FCC Form 323-E Biennial Ownership Reports Due for Noncommercial Stations Only in the Following Select States. By Oct. 1, noncommercial radio stations in Iowa and Missouri, and noncommercial television stations in Oregon and Washington must prepare and file electronically an FCC Form 323-E Biennial Ownership Report with the FCC. Please note, commercial stations now file their biennial ownership reports on a single unified date, which will next occur on November 1, 2013.

October 10—FCC Form 398 Children's Television Programming Reports Due. By Oct. 10, all commercial full-power television stations and Class A LPTV stations must prepare and file an FCC Form 398 Children's Programming Report for the third quarter of 2012 with the FCC.

October 10—Children's Television Commercial Limitations Certification. In addition to broadcasting programming responsive to the educational and informational needs of children, the FCC's rules limit the amount of commercial material that can be aired during programming aimed at children. In order to demonstrate compliance with this rule, stations must prepare and place proof of compliance with the commercial limitations in the public inspection file every quarter. Thus, by Oct. 10, stations must prepare and place in their public inspection files proof of compliance with the children's television commercial limitations for the third quarter of 2012.

October 10—Quarterly Issues Programs Lists. By Oct. 10, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of July, August and September dealing with those issues.

October 10—Class A LPTV Stations Demonstration of Continuing Compliance. The FCC requires that Class A TV stations maintain in their public files sufficient information to demonstrate their continuing eligibility for Class A status—e.g., that they have broadcast three hours per week of local programming, broadcast 18 hours a day, and otherwise observed the rules that apply to full-power TV stations. While the FCC has not mandated that this report or certification be made quarterly, the preparation of the Quarterly Issues Programs lists would seem to provide a good opportunity to prepare such documentation. Accordingly, by this date, Class A stations are encouraged to prepare and place in their public inspection files information sufficient to support their continued eligibility for Class A status.

Other Deadlines:

October 15—Copyright Royalties for Internet Streaming. By Oct. 15, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Aug. 31, 2012, and file Reports of Use providing information about the songs they streamed.

November 2012

Other Deadlines:

November 14—Copyright Royalties for Internet Streaming. By Nov. 14, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Sept. 30, 2012, and file Reports of Use providing information about the songs they streamed.

Political Window for Lowest Unit Rates:

November 6—General Election.

December 2012

FCC Deadlines:

December 3—FCC Form 303-S License Renewal Applications due for Television, Class A, LPTV, and TV Translator Stations in the Following States. By December 3, television, Class A, LPTV, and TV Translator Stations in Alabama and Georgia must prepare and file with the FCC an FCC Form 303-S license renewal application seeking to renew their station license. Please note, as December 1st falls on a Saturday, the filing deadline is extended to the next business day, Monday, December 3rd.

December 3—FCC Form 317 Due for DTV Stations. By Dec. 3, 2012, commercial and noncommercial digital television stations, licensed digital Class A stations, and licensed digital low power TV stations must file an FCC Form 317 electronically reporting on whether the station has provided any ancillary and supplementary services during the 12-month period ending on Sept. 30, 2012. In addition, if the station did provide such services and generated any revenue from such services, then the station must also remit the required fee, equivalent to five percent of the gross revenues derived from such service, to the FCC by Dec. 3. Please note, as December 1st falls on a Saturday, the filing deadline is extended to the next business day, Monday, December 3rd.

Other Deadlines:

December 15—Copyright Royalties for Internet Streaming. By Dec. 15, 2012, webcasters, including radio stations simulcasting their programming on the Web, must pay the monthly royalty fee to SoundExchange for music streamed by the webcaster during the month ending Oct. 31, 2012, and file Reports of Use providing information about the songs they streamed.

For more information about these deadlines or issues, please contact any of the lawyers in the Davis Wright Tremaine LLP Broadcast Practice Area or visit our blog at www.broadcastlawblog.com throughout the year.

Disclaimer: This advisory is a publication of Davis Wright Tremaine LLP. Our purpose in publishing this advisory is to inform our clients and friends of recent legal developments. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations.

(Source: Holland, Oxenford, Silverman.Important Dates for Broadcasters in 2012. Davis Wright Treamaine 12-20-2011 Web: 12-21-2011 http://www.dwt.com/LearningCenter/Advisories?find=451701)