Upcoming FCC Broadcast and Telecom Deadlines for May – July

OAB FCC Information is courtesy Fletcher, Heald & Hildreth, PLC.

Posted On: Apr 28, 2021

Broadcast Deadlines:

June 1, 2021

Radio License Renewal Applications Due – Applications for renewal of license for radio stations located in Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming must be filed in Licensing and Management System (LMS). These applications must be accompanied by Schedule 396, the Broadcast Equal Employment Opportunity Program Report (EEO), also filed in LMS, regardless of the number of full-time employees. Under the new public notice rules, radio stations filing renewal applications must begin broadcasts of their post-filing announcements concerning their license renewal applications between the date the application is accepted for filing and five business days thereafter and must continue for a period of four weeks. Once complete, a certification of broadcast, with a copy of the announcement’s text, must be posted to the Online Public Inspection File (OPIF).

Television License Renewal Applications Due – Applications for renewal of license for television stations located in Michigan and Ohio must be filed in LMS. These applications must be accompanied by Schedule 396, the Broadcast EEO Program Report, also filed in LMS, regardless of the number of full-time employees. Under the new public notice rules, radio stations filing renewal applications must begin broadcasts of their post-filing announcements concerning their license renewal applications between the date the application is accepted for filing and five business days thereafter and must continue for a period of four weeks. Once complete, a certification of broadcast, with a copy of the announcement’s text, must be posted to the OPIF within seven days.

EEO Public File Reports – All radio and television station employment units with five or more full-time employees and located in Arizona, Idaho, Michigan, Nevada, New Mexico, Ohio, Utah, and Wyoming must place EEO Public File Reports in their OPIFs. For all stations with websites, the report must be posted there as well. Per announced Federal Communications Commission (FCC) policy, the reporting period may end ten days before the report is due, and the reporting period for the next year will begin on the following day.

July 10, 2021

Issues/Programs Lists – For all commercial and noncommercial radio, television, and Class A Television stations, listings of each station’s most significant treatment of community issues during the second quarter of 2021 must be placed in the station’s OPIF. The lists should include brief narratives describing the issues covered and the programs which provided the coverage, with information concerning the time, date, duration, and title of each program with a brief description of the program.

Class A Television Stations Continuing Eligibility Documentation – The Commission requires that all Class A Television Stations maintain in their OPIF documentation sufficient to demonstrate that the station is continuing to meet the eligibility requirements of broadcasting at least 18 hours per day and broadcasting an average of at least three hours per week of locally produced programming. While the Commission has given no guidance as to what this documentation must include or when it must be added to the public file, we believe that a quarterly certification which states that the station continues to broadcast at least 18 hours per day, that it broadcasts on average at least three hours per week of locally produced programming, and lists the titles of such locally produced programs should be sufficient.

Telecom Deadlines:

May 1, 2021 (May 3, 2021 because May 1 falls on a Saturday)

Quarterly Telecommunications Reporting Worksheet (FCC Form 499-Q) – FCC rules require telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) providers to file quarterly revenue statements reporting historical revenue for the prior quarter and projecting revenue for the next quarter. The projected revenue is used to calculate contributions to the Universal Service Fund (USF) for high-cost, rural, insular and tribal areas as well as to support telecommunications services for schools, libraries, and rural health care providers. USF assessments are billed monthly.

Geographic Rate Averaging Certification – Non-dominant interstate interexchange providers operating on a detariffed must certify that their service complies with the provider’s geographic rate average and rate integration obligations. The certification is due annually by May 1 and must be signed by an officer of the company under oath. Certifications should be sent to the FCC’s Office of the Secretary, directed to the attention of:

Office of the Secretary

Attn: Chief, Pricing Policy Division

45 L Street NE

Washington, DC 20554

Numbering Resource Utilization Forecast (NRUF) (FCC Form 502) – Twice a year, service providers with numbers from the North American Numbering Plan Administrator (NANPA), a Pooling Administrator, or another telecommunications carrier, must file a numbering resource utilization forecast. Subscriber toll-free numbers are not included in the report. Interconnected VoIP providers are subject to the reporting requirement along with other service providers who receive NANPA numbers, such as wireless carriers, paging companies, ILECs, and CLECs.

May 15, 2021 (May 17, 2021 because May 15 falls on a Saturday)

Quarterly Percentage of Internet Usage (PIU) Certification – USF prepaid calling card providers must file a certification stating that it is making the required USF contributions. The certification must be signed by an officer of the company under penalty of perjury and can be filed electronically using the FCC’s Electronic Comment Filing System (ECFS). The Quarterly PIU Certification due May 15, 2020 will cover the First Quarter of 2020 (January 1, 2020 through March 31, 2020).

May 31, 2021

Annual Employment Report and Discrimination Complaint Requirement (FCC Form 395) – FCC licensees or permittees of common carrier stations with 16 or more full-time employees must complete FCC Form 395 and file it with the Commission by May 31 annually. The report should be filed in Docket No. 16-233 of the FCC’s ECFS filing systems. However, filers should not submit any confidential information using ECFS. If a filer seeks confidential treatment of any information in its Form 395 filing, the filer should submit a redacted version of the report using ECFS and send a request for confidential treatment along with its non-redacted Form 395 filing to the FCC at:

Office of the Secretary

Federal Communications Commission

Attn: Industry Analysis Division, Office of Economics Analytics

45 L Street, N.E.

Washington, DC 20554

In addition to the Form 395 filing, all licensees or permittees of common carrier stations, regardless of the number of employees, must submit discrimination reports to the Commission. Filers that submit Form 395 can satisfy this requirement by completing Section V of Form 395 and need not submit a separate report.

July 1, 2021

Eligible Telecommunications Carrier Data Collection (FCC Form 481) – Eligible Telecommunications Carriers (ETCs) that receive funds from the High Cost Program and/or Lifeline support program must complete Form 481. Mobility Fund recipients are not required to submit the form. Form 481 collects financial and operations information regarding ETCs and fulfills the annual certification requirement in Section 54.313 of the Commission’s rules. ETCs required to submit Form 481 must file the form electronically using their online USAC portal.

Courtesy Fletcher, Heald & Hildreth, PLC