From Pillsbury Law
Full power commercial and noncommercial radio stations and LPFM stations, licensed to communities in Michigan and Ohio, and full power TV and Class A TV stations, as well as LPTV stations capable of local origination, licensed to communities in the District of Columbia, Maryland, Virginia, and West Virginia, must begin airing pre-filing license renewal announcements on April 1, 2020.
License renewal applications for these stations, and for in-state FM translator and TV translator/LPTV stations, are due by June 1, 2020.
If a station misses airing any of these required announcements, it should broadcast a make-up announcement as soon as possible and contact counsel to further address the situation. Special rules apply to noncommercial educational stations that do not normally operate during any month when their announcements would otherwise be due to air, as well as to other silent stations. These stations should also contact counsel regarding how to give the required public notice.
Pre-Filing License Renewal Announcements
Full power radio and LPFM stations, and full power TV, Class A TV, and LPTV stations capable of local origination, licensed to communities in the states identified above, must air a total of four pre-filing renewal announcements alerting the public to their upcoming renewal applications beginning two months before their license renewal filing date. As a result, these stations with June 1 renewal filing deadlines must air the first pre-filing renewal announcement on April 1. The remaining pre-filing announcements must air once a day on April 16, May 1, and May 16.
For full power radio and LPFM stations, at least two of these four announcements must air between 7:00 am and 9:00 am and/or 4:00 pm and 6:00 pm.
For full power TV and Class A TV stations, at least two of these four announcements must air between 6:00 pm and 11:00 pm (Eastern/Pacific) or 5:00 pm and 10:00 pm (Central/Mountain). LPTV stations capable of local origination must broadcast these announcements at the same times or as close to the above schedule as their operating schedule permits.
Stations can find more information on pre- and post-filing announcements, as well as more detail on the FCC’s license renewal cycle, in our most recent radio Advisory on the subject.
The text of the pre-filing announcement is as follows:
On [date of last renewal grant], [call letters] was granted a license by the Federal Communications Commission to serve the public interest as a public trustee until October 1, 2020. [Stations that have not received a renewal grant since the filing of their previous renewal application should modify the foregoing to read: “(Call letters) is licensed by the Federal Communications Commission to serve the public interest as a public trustee.”]
Our license will expire on October 1, 2020. We must file an application for renewal with the FCC by June 1, 2020. When filed, a copy of this application will be available for public inspection at www.fcc.gov. It contains information concerning this station’s performance during the last eight years [or other period of time covered by the application, if the station’s license term was not a standard eight-year license term]. Individuals who wish to advise the FCC of facts relating to our renewal application and to whether this station has operated in the public interest should file comments and petitions with the FCC by September 1, 2020.
Further information concerning the FCC’s broadcast license renewal process is available at [address of location of the station]1 or may be obtained from the FCC, Washington, DC 20554, www.fcc.gov.
Post-Filing License Renewal Announcements
Once the license renewal application has been filed, full power radio and LPFM stations, and full power TV, Class A TV, and LPTV stations capable of local origination must broadcast six post-filing renewal announcements. These announcements must air once per day on June 1, June 16, July 1, July 16, August 1, and August 16, 2020.
For full power radio and LPFM stations, at least three of these announcements must air between 7:00 am and 9:00 am and/or 4:00 pm and 6:00 pm. At least one announcement must air in each of the following time periods: between 9:00 am and noon, between noon and 4:00 pm, and between 7:00 pm and midnight. For commercial stations not operating between either 7:00 am and 9:00 am or 4:00 pm and 6:00 pm, at least three of these announcements must air during the first two hours of operation.
For full power TV and Class A TV stations, at least three of these announcements must air between 6:00 pm and 11:00 pm (Eastern/Pacific) or 5:00 pm and 10:00 pm (Central/Mountain). At least one announcement must air in each of the following local time periods: between 9:00 am and 1:00 pm, between 1:00 pm and 5:00 pm, and between 5:00 pm and 7:00 pm. LPTV stations capable of local origination must broadcast these announcements at the same times or as close to the above schedule as their operating schedule permits.
The text of the post-filing announcement is as follows:
On [date of last renewal grant], [call letters] was granted a license by the Federal Communications Commission to serve the public interest as a public trustee until October 1, 2020. [Stations that have not received a renewal grant since the filing of their previous renewal application should modify the foregoing to read: “(Call letters) is licensed by the Federal Communications Commission to serve the public interest as a public trustee.”]
Our license will expire on October 1, 2020. We have filed an application for renewal with the FCC.
A copy of this application is available for public inspection at www.fcc.gov. It contains information concerning this station’s performance during the last eight years [or such other period of time covered by the application, if the station’s license term was other than a standard eight-year term].
Individuals who wish to advise the FCC of facts relating to our renewal application and to whether this station has operated in the public interest should file comments and petitions with the FCC by September 1, 2020.
Further information concerning the FCC’s broadcast license renewal process is available at [address of location of the station] or may be obtained from the FCC, Washington, DC 20554, www.fcc.gov.
Certification of Compliance
Within seven days of the broadcast of the last post-filing announcement (i.e., by August 23, 2020), full power radio and TV station and Class A TV station license renewal applicants should complete the attached Statement of Compliance and place it in the station’s Public Inspection File. LPFM and LPTV station license renewal applicants should complete the attached Statement of Compliance and place it in the station records file.
Newspaper Public Notice Requirement for FM Translator, TV Translator, and Certain LPTV Stations
FM translator, TV translator, and LPTV stations not capable of local origination are not required to broadcast pre-filing or post-filing announcements.
Instead, upon filing a license renewal application for such stations, the licensee must publish a public notice of the filing at least once in a daily, weekly or biweekly newspaper published or having circulation in the community served by the station. If there is no such newspaper, the licensee must determine an appropriate means of providing the required notice to the general public, such as posting it in the local post office or other public place.
The FCC has indicated that broadcasters who are eligible to file for license renewal of both a translator station and the full power station that it rebroadcasts in a single application can forgo running the newspaper public notice of the translator’s renewal filing.
Otherwise, the notice must contain:
- the name of the applicant;
- the community served by such stations;
- the station’s transmitter site;
- the station’s output channel and power;
- a statement that the station engages in rebroadcasting of another station, including the call letters, location and channel of operation of the station(s) rebroadcast;
- the date the application was filed; and
- a statement advising that the application is for renewal of license and inviting comment from individuals who wish to advise the FCC of facts relating to the renewal application and to whether the station has operated in the public interest.
After publishing the notice, the licensee should complete and execute a Statement of Compliance regarding that publication. While FM translator, TV translator, and LPTV station licensees are not required to keep a Public Inspection File, they are required to maintain and make available to FCC representatives a station records file that contains their current authorization and copies of all FCC filings and correspondence with the Commission. The completed Statement of Compliance should be included in the station records file.
Compliance Information for FM Translators, TV Translators and Certain LPTV Stations Only
Instructions for Publication of Newspaper Public Notice
Below is the sample text of the required public notice regarding the filing of the application for renewal of license of an FM translator, TV translator, or an LPTV station not capable of originating programming. Publication should begin immediately after filing the station’s license renewal application.
As noted above, broadcasters who seek renewal of both a translator station and the full power station that it rebroadcasts using the same application need not run the below newspaper public notice.
Publication is to be made in a daily, weekly or biweekly newspaper of general circulation in the community of license of the station. The notice must appear at least once.
PUBLIC NOTICE
On [date of filing of application for renewal of license], [the licensee] filed an application with the Federal Communications Commission for renewal of license of [station call sign] which is licensed to serve [community of license]. The station transmits from a site [description of location of transmitter site] with an effective radiated power of [ERP]. The station rebroadcasts [call sign of primary station, channel number and community of license]. Individuals who wish to advise the FCC of facts relating to the renewal application and to whether this station has operated in the public interest should file comments and petitions with the FCC by [30 days prior to the expiration of the station’s license], by writing to: FCC, Washington, DC 20554.
Immediately following the newspaper publication, secure an affidavit from the newspaper attesting to the publication and specifying the date(s) on which the publication occurred. The newspaper should attach to its affidavit a copy of the text of the notice as published. Attach the original of the affidavit to the original of the “Certificate of Compliance, Newspaper Public Notice” (example below), which must be executed. Place the originals in the station’s records file.
1 The FCC has not updated this paragraph of the required text to reflect the fact that the Public Inspection File is online or the elimination of the Main Studio requirement, but the information on license renewal it appears to refer to is found in the Public and Broadcasting manual located in the online Public Inspection File. Given the information provided to the public in the announcement, stations should keep a copy of the Public and Broadcasting at the station for any interested visitors.
