7/9/03
TV Technology
OK, TV station license renewals are not due at the FCC until next year. But,
for many of you, this will be the first time you have had the responsibility
for license renewal. And even for broadcast veterans, it's been a long time
since you last had to take on this responsibility. So, now is the time to brace
for license renewal.
When your station files its application for renewal of FCC license, you will
have to certify your compliance -- over the entire eight -- year license term-
with a number of FCC requirements. Preparing for license renewal truly is an
eight-year job for television stations, during which you must keep your track
record clean. And the risks can be severe for those who try to conceal
regulatory lapses on the renewal form. Making up the answers, without knowing
the truth potentially can result in "misrepresenting" yourself to the
Commission, which may create a very bad license renewal experience for you and
your station.
As in the past, the FCC's acceptance of license renewal applications is on a
"state-by-state" basis, with deadlines coming up around the country
over a three-year period. Compared to decades ago, the renewal form is shorter
and simpler, and there are fewer areas of regulatory inquiry for applicants.
But, there still are plenty of ways to screw up your filing, which soon must be
done electronically over the FCC's Web site-a new facet of the process which
poses its own complications.
TIMING AND 'RENEWAL ANNOUNCEMENTS'
Broadcasters file their renewal applications four months before their
current licenses are due to expire. So, stations filing for renewal on June 2,
2004, have licenses set to expire on the first day of October, 2004. The
"well ahead of license expiration" timing of the application filing
is to allow for FCC review of the renewal application and also for assessment
of potential "petitions-to-deny" the application and/or informal
objections filed against the renewal application. In order to give the public
an opportunity to challenge your renewal application, you must broadcast a
series of announcements (10 in all), on your station, about your filing of the
renewal application and the public's ability to participate in the FCC process.
RUNNING THE GAUNTLENT
Why would someone file against your application? Well, frankly, there now is
less incentive for a person or organization to do so. Years ago, someone could
file a "competing application," urging the FCC to deny your renewal
application and to award the license to them. But Congress eliminated the
"comparative renewal" process and ended the nearly impossible task of
the Commission comparing the track record of you, the incumbent licensee, and
the mere paper promises of a challenger.
However, if someone out there has a grudge against you or your station, they
can file a petition-to-deny your renewal application or just an "informal
objection" to your renewal application. Each such filing, of course, at
minimum will slow down the FCC process of reviewing and granting your
application, and may even result in the FCC designating your application for a
special "hearing," where you would be forced to answer the
allegations of the complainant/petitioner.
RENEWAL AREAS OF FOCUS
Traditionally the FCC -- and petitioners -- have focused on a limited number
of issues involving a renewal application. Below are some examples; but be
aware that a wide variety of matters may be considered as the Commission
reviews your renewal form.
EEO: Now that the FCC has imposed a revised set of equal employment
opportunity rules, EEO again has taken renewal center stage. That is, expect
the majority of license renewal challenges to be based on alleged EEO
deficiencies.
RF Radiation: The FCC may be looking to see if you gave an adequate and
truthful response to the question about your protection of the public and
station workers from exposure to electromagnetic energy above the levels
specified in the FCC's guidelines.
Children's Television: For television broadcasters, one of the key areas
where renewal jeopardy might attach is children's television. Violations of the
Children's Television Act of 1990 will be considered, along with the licensee's
overall performance, in determining whether it is entitled to renewal of
license. The Act established a specific programming obligation for television
licensees to serve the "educational and informational needs" of
children through both its overall programming and programming designed
specifically to serve those needs. The Act also imposed strict commercial time
limits for children's television. In recent years, the Commission has used the
renewal process to impose
sanctions -- usually monetary forfeitures -- against television broadcasters
not complying with the Act and/or the Commission's Rules.
Public File and Other Potential Area of Misrepresentation: It is a cardinal
sin for you to fudge the facts-because someone can point to that falsehood in a
renewal challenge. And if a challenger notes areas on the license renewal form
where you have fibbed a little -- or a lot -- then expect
"misrepresentation" to be the key element of the FCC's assessment of
your license renewal application and your fitness to remain an FCC licensee.
Sure, license revocation is a rarity. But, lightning can strike-and you don't
want to be the one hit.
Certifying Your Compliance: At renewal time every station must meet a new,
Congressionally-imposed standard for license renewal, stating that the
Commission shall grant a license renewal application only if it finds that,
during the preceding license term: (1) the station has served the public
interest, convenience, and necessity; (2) there have been no serious violations
by the licensee of the Communications Act or the Commission's Rules; and (3)
there have been no other violations of the Act or the Commission's rules which,
taken together, would constitute a pattern of abuse.
Stations only have to disclose violations that were "preliminarily or
finally" assessed by the Commission or a court of competent jurisdiction.
It does not include "violations" identified by the station itself or
in conjunction with the station's participation in an Alternative Broadcast
Inspection Program. But, the FCC says it may also consider other violations
that come to its attention in determining whether to grant a license renewal
application.
Yes, license renewal is trickier than it looks. Keeping your FCC license is
the highest responsibility of a broadcaster. So, be responsible!