Upcoming FCC Broadcast and Telecom Deadlines for February – April
Broadcast Deadlines:
February 1, 2021
Radio License Renewal Applications Due - Applications for renewal of license for radio stations located in Kansas, Nebraska, and Oklahoma must be filed in the Licensing and Management System (LMS"). These applications must be accompanied by Schedule 396, the Broadcast Equal Employment Opportunity (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 Online Public Inspection File (OPIF").
Television License Renewal Applications Due - Applications for renewal of license for television stations located in Arkansas, Louisiana, and Mississippi 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 Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma must place EEO Public File Reports in their OPIFs. For all stations with websites, the report must be posted there as well. Per announced 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.
April 1, 2021
Radio License Renewal Applications Due - Applications for renewal of license for radio stations located in Texas 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 Online Public Inspection File (OPIF").
Television License Renewal Applications Due - Applications for renewal of license for television stations located in Indiana, Kentucky, and Tennessee 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 Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas must place EEO Public File Reports in their OPIFs. For all stations with websites, the report must be posted there as well. Per announced 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.
April 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 first quarter of 2021 must be placed in the station's online public inspection file. 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 online public inspection files 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:
February 1, 2021
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 Voice over Internet Protocol (VoIP") providers are subject to the reporting requirement along with other service providers who receive NANPA numbers, such as wireless carriers, paging companies, incumbent local exchange carriers (ILECs"), and competitive local exchange carriers (CLECs"). The next biennial reporting deadline is February 1, 2021.
Quarterly Telecommunications Reporting Worksheet (FCC Form 499-Q) - FCC rules require telecommunications carriers and interconnected 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.
February 14, 2021 (Due Feb. 16, 2021 due to President's Day Holiday)
Quarterly Percentage of Interstate Usage (PIU") Reporting and Certification - Prepaid calling card providers (PCCPs") must report the percentage of interstate use factors and associated call volumes to carriers that provide them with transport services. Additionally, PCCPs must file traffic information and a certification signed by a company officer stating that the provider is in compliance with the FCC's PIU and USF reporting requirements.
March 1, 2021
FCC Form 477 - This form is filed online biannually on March 1 and September 1. The Commission collects a variety of information about broadband deployment and wireless and wired telephone service on Form 477. Broadly speaking, the following providers must fill Form 477: 1) facilities-based providers of broadband connections to end users, 2) providers of wired or fixed wireless local exchange telephone service, 3) providers of interconnected VoIP service; and 4) facilities-based providers of mobile telephony (mobile voice) services. If you have any questions about whether your company must file Form 477 or what information your company is required to submit in the filing, you should contact your telecommunications counsel.
April 1, 2020
Form 499-A - The annual Form 499 filing, Form 499-A, must be filed by telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) providers Carriers report their prior year's annual revenues using the form, and the FCC uses that information to reconcile, or true-up, a carrier's Universal Service Fund (USF) contributions over the past year based on the carriers quarterly Form 499-Q revenue projections. Carriers that overpaid their contributions will receive a credit, and Universal Service Administration Company (USAC) will bill carriers that underpaid their USF contributions.
Rate of Return Reporting FCC Form 492 - Local exchange carriers (LECs) groups of affiliated carriers must file FCC Form 492 within three months of the end of each calendar year. Each LEC or group of affiliated carriers may make corrections to the report within 6 months of the due date for the report. Two copies of the report must be filed with the Secretary of the Commission with an additional copy filed with the Wireline Competition Bureau, Industry Analysis, and Technology Division.
Automated Reporting Management Information System (ARMIS) Reporting - Certain incumbent local exchange carriers (ILECs) must file ARMIS reports annually by April 1. The Commission has made significant changes to ARMIS reporting over the years to reduce the reporting burden. That said, carriers subject to the reporting thresholds are still required to report some ARMIS information, including pole attachment reporting. Information subject to ARMIS reporting also may vary depending on whether a carrier is a mid-size or large ILEC or a mandatory price-cap, elective price-cap, or non-price-cap ILEC. If you have any questions about the FCC's changes to ARMIS reporting, you should contact experienced telecommunications counsel.
Section 43.21(c) Letter - Common carriers with operating revenue over the indexed revenue threshold must file a letter with the Chief of the Wireline Competition Bureau showing the carriers operating revenues for the prior year and the value of its total communications plant at the end of the year. The indexed revenue threshold is defined in Section 32.9000 of the Commission's rules. The threshold is an inflation-adjusted amount calculated based on the annual revenue of $100 million in 1992.
Recordkeeping Compliance Certification and Contact Information Registration (RCCCI") - Each year, equipment manufacturers and service providers (including traditional telephone providers, interconnected VoIP providers, and Advanced Communications Services, such as non-interconnected VoIP, electronic messaging, and interoperable video conferencing providers) must certify compliance with the FCC's recordkeeping rules related to accessibility of their service by individuals with disabilities. Section 14.31(a) of the FCC's rules requires equipment manufacturers and service providers to maintain certain records related to making telecommunications services accessible to individuals with disabilities. The RCCCI certification requires manufacturers and service providers to certify that they have procedures in place to meet those recordkeeping requirements. The certification is filed online and must be signed by an officer of each company under penalty of perjury.