As
the government shutdown enters its third week, we write with a few
reminders for broadcasters regarding FCC filings:
- FCC Filing Deadlines Extended. The FCC has extended
normal filing deadlines so that FCC submissions that would be due
during the ongoing shutdown period will instead be due on the
second day after the resumption of normal FCC operations.
- Continue to Prepare Filings. Since we do not know when
the government shutdown will end, broadcasters should continue
prepare their filings that would otherwise be due, were it not for
the shutdown. This includes, for example, the following
filings that would be due January 10 if government operations were
running on a normal schedule:
- Issues/Programs Lists covering the period October 1 - December
31, 2018;
-
- Children's Television Programming Reports (FCC Form 398)
covering the fourth quarter of 2018;
- Records for upload to OPIF (online public inspection file)
demonstrating compliance in fourth quarter 2018 with the commercial
limits in certain children's programming;
- Documentation in the OPIF sufficient to demonstrate that Class
A TV stations continued in fourth quarter 2018 to meet the
eligibility requirements to operate as a Class A TV station;
and
- For certain noncommercial stations that conducted on-air
fundraising for a third party non-profit during fourth quarter
2018, a report of such activity for upload to the OPIF.
- OPIF Unavailable. Remember that the OPIF is unavailable
during the government shutdown, so broadcasters are currently
unable to file any quarterly (and other) filings that would be
submitted via OPIF. Broadcasters should have such filings
prepared and ready to file when the OPIF comes back online and is
operational. In addition, stations must keep in mind that
political file records must be made available to the public upon
request during the period of time that OPIF is inaccessible.
- LMS Available. The FCC's LMS (licensing and management
system) is still available, so filings that are regularly submitted
via LMS-including Children's Television Programming Reports-can be
drafted and submitted via LMS. The FCC won't process these
reports until the shutdown ends, but there is no harm in submitting
them during the shutdown.
- Spectrum Auction / Repack Activities UNAFFECTED by
Shutdown. As we reported last week, all activities related to
spectrum auctions, including the post-broadcast incentive auction
repack, are not affected by the shutdown, and such activities are
generally continuing as if the agency was operating on a normal
schedule. As a result, all spectrum auction filing
deadlines-including repack deadlines-will continue to apply.
That means that fourth quarter 2018 Transition Progress Reports
will still be due to be filed via LMS by January 10,
2019.