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Reminder Regarding Quarterly Issues/Programs Lists and Children’s TV Reports

January 2, 2007

Deadline: January 10, 2007

This is a reminder that each broadcast station must prepare a quarterly issues/programs list for the period of October 1 through December 31, 2006 and place that list in its public inspection file by January 10, 2007. In addition, licensees of commercial television stations must also prepare a quarterly Children’s Television Programming Report (“CTV Report”) for the same period, file that Report with the FCC electronically, and place a copy in their public files by January 10, 2007.

Issues/Programs Lists

As you know, the FCC’s rules require that each radio and television station prepare, on a quarterly basis, an issues/programs list that: (1) identifies local issues that the station has addressed through its programming over the previous three months, (2) identifies the programs that have provided the station’s most significant treatment of such community issues during that period, (3) includes a brief narrative describing each such program, and (4) specifically identifies the duration, time, and date of airing of each program segment listed. Although the FCC does not require any specific format for these lists, so long as they contain the information required, we have enclosed a model you might wish to follow.

The issues/programs list requirements are part of the Commission’s public inspection file rule. Significantly, under the FCC’s forfeiture schedule, the base penalty for failure to comply with this rule is a $10,000 forfeiture (which may be adjusted up or down, based upon the circumstances). Additionally, it is extremely important at renewal time for a broadcast station to demonstrate that it has maintained issues/programs lists documenting its attention to local community issues. Specifically, a broadcaster must certify in its renewal application that the station has placed all of the required documents in its public file on a timely basis. A licensee cannot truthfully make this certification if it has not prepared an issues/programs list for each quarter during the license term (or for each quarter in which it has owned the station, if acquired more recently). Indeed, a renewal applicant that did so would face a possible finding of misrepresentation and thus disqualification from holding an FCC license. Parties opposing a station’s renewal application may target deficiencies in a station’s issues/programs list and assert that the licensee has made false certifications about its public file’s completeness.

The FCC has regularly issued monetary forfeitures of $10,000 or more against licensees for failing to timely prepare issues/programs lists and other violations of the public inspection file rule. As a result, broadcasters should be extremely vigilant in ensuring that their public files are complete and up to date. Indeed, in the event of a petition to deny a station’s renewal application alleging inadequate public service programming, the issues/programs list may constitute a primary defense.

If a station has scripts or texts of any of its issue-responsive programs, it should keep copies with its private records until the grant of the next renewal application. (Unlike the issues/programs lists, licensees do not need to place these additional documents in the station’s public inspection file.) Contemporaneously prepared records, such as scripts, program notes, or guest lists, are good supplementary evidence that the station has complied with the FCC’s requirements for issue-responsive programming.

Children’s Television Programming Reports

In addition, each commercial television station licensee must complete and file, by January 10, 2007, a CTV Report for all children’s programming carried by the licensee for the period of October 1 – December 31, 2006. The FCC requires that this report be made on FCC Form 398, a hard copy of which is available on the FCC’s website.

Each television licensee must place a copy of the CTV Report in its public inspection file quarterly, and must electronically file it with the FCC at the time it is prepared. The CTV Report must be separated from other materials in the public file. Numerous licensees have been fined by the FCC for failing to comply with this requirement. Some broadcasters also have been fined between $10,000 -
$20,000 for violating the FCC’s rules on the amount of commercial matter that may be broadcast during programming aimed at children 12 and under.

In addition, as you know, the FCC has recently clarified and revised new rules that go into effect today – January 2, 2007. Under these new rules: (1) broadcasters are required to provide a minimum amount of “core” children’s television programming per day on both analog and digital broadcast channels (certain repeat programs that air on separate digital streams within seven days of each other do not qualify as “core” programming); (2) promotions for children’s programming under most circumstances do not count as “commercial matter” subject to the per-hour limits; (3) the display of Internet website addresses will count as “commercial matter” if they appear during program material or during promotional and other announcements typically not counted as commercial time (i.e., public service announcements, station identifications, and emergency announcements), or if the Internet addresses are for websites that do not meet a four-part test and are not clearly separated from program material; and (4) advertisers may use television characters to sell merchandise (i.e., “host-selling”) on portions of a website, but only if there is sufficient separation between the website and the broadcast advertisement itself.

Please contact this office if you would like more information on the FCC’s requirements for quarterly issues/programs lists or the CTV Reports. We would be pleased to review any issues/programs lists and CTV Reports prepared by broadcast licensees to ensure that they comply with the FCC’s requirements, and to offer suggestions for improving the lists and reports themselves.

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