HOW ABIP CAME ABOUT

1
HOW ABIP CAME ABOUT

• STARTED IN 1994
• HELP STATIONS GET AND STAY IN COMPLIANCE WITH FCC
  RULES
• NO THREATS OF FINES
• NO SURPRISE INSPECTIONS BY THE FCC
• PRESENTED AS A LEARNING EXPERIENCE
• CONTRACT BETWEEN STATE BROADCASTING ASSOCIATION
  AND THE FCC

2
WHAT DOES IT COST?

• 400 for a TV Station
• 400 for Directional AM
• 200 For Non-Directional AM
• 200 for an FM
• MBA pays all of my expenses

3
IMMUNE FROM FCC INSPECTION?

• USUALLY
• THREE EXCEPTIONS
• (1) PUBLIC SAFETY ISSUES PRIMARILY TOWER
  AND EAS
• (2) COMPLAINT
• (3) TARGETED INSPECTION

4
WHAT AM I LOOKING FOR?

• STUDIO LOCATION AND PUBLIC ACCESS
• PUBLIC INSPECTION FILES
• LICENSE CO DESIGNATION POSTING
• CO REVIEW SIGNING OF LOGS
• OPERATING LOGS STATION ID
• EAS ENDECS
• TOWER PAINTING AND LIGHTING
• TRANSMITTER LOGS
• POWER, FREQUENCY, MODULATION
• AM MONITORING POINTS NRSC

5
STUDIO LOCATION AND PUBLIC ACCESS

• DOES THE STUDIO LOCATION MATCH THE STATION
  LICENSE
• IS THE OFFICE MANNED DURING REGULAR BUSINESS
  HOURS
• DOES THE PUBLIC HAVE ACCESS TO THE STATION
• DOES THE RECEPTIONIST KNOW HOW TO DEAL WITH
  REQUESTS TO VIEW THE PUBLIC INSPECTION FILE

6
PUBLIC INSPECTION FILE

• The Seattle Office stated that on May 24, 2006,
  an agent of the Enforcement Bureau's Seattle
  Office conducted an inspection of the public
  inspection file for KGTK(AM) at Mile Hill Dr.,
  Suite 201A, Port Orchard, Washington. While
  examining the public inspection file, the agent
  observed that the KGTK(AM) public inspection file
  was not complete. Specifically, there were no
  copies of the current FCC authorization to
  operate the station and no radio issues/programs
  lists for calendar years 2005 or 2006. During the
  inspection the Seattle agent interviewed the
  station's general manager concerning the missing
  items. The general manager indicated that he did
  not know why these items were missing. On August
  23, 2006, the Seattle Office issued a NAL in the
  amount of 4,000 to KITZ Radio, finding that KITZ
  Radio apparently willfully and repeatedly failed
  to maintain a complete public inspection file for
  KGTK(AM).

7
PUBLIC INSPECTION FILE (cont.)

• In this Notice of Apparent Liability for
  Forfeiture, we find that MR Enterprises, Inc.
  (MR''), licensee of Station WESL(AM), East St.
  Louis, Illinois, apparently willfully and
  repeatedly violated Section 73.3526 of the
  Commission's rules, 47 C.F.R. 73.3526, by
  denying access to the public inspection file to
  members of the public on two occasions. We
  conclude that MR is apparently liable for a ten
  thousand dollar (10,000) forfeiture.

8
PUBLIC INSPECTION FILE (cont.)

• WHO? Every station MUST maintain a PIF for each
  authorization even if they simulcast.
• ACCESS? Available to the public during regular
  business hours.
• NEVER LEAVE ANYONE ALONE WITH THE PIF!
• FORMAT? Paper or computer provided the public has
  access to a terminal
• KEEP BACKUP COPIES HARD COPIES!

9
PUBLIC INSPECTION FILE (cont.)

• WHERE? Main studio or via mail if studio is
  located outside of the city of license.
• WEB? Most of the PIF must be posted on the
  stations web site if it has one.
• CONTENTS? See FCC 73.3526(e). If you need a copy
  Google 47 CFR 73.3526 and 73.3527.
• ORDER OF CONTENTS? Follow the order in 73.3526(e)
  although this is not required.

10
SPECIFIC CONTENTS(1) AUTHORIZATIONS

• Station License or CP along with any changes
  (Previous license plus renewal card until new
  license arrives.)
• Just the current license. As a suggestion, keep
  past licenses in a separate historical file but
  not in the Public Inspection File.
• Does not include auxiliary licenses such as
  STLs, remote pickups, or translators.

11
SPECIFIC CONTENTS(2) APPLICATIONS

• Only applications that are pending!
• Any application to change the operating
  parameters of the license including power
  changes, antenna modifications, etc.
• STAs must be included.
• Once an application is granted, remove it from
  the Public Inspection File. Keep it in the
  historical file as a suggestion.

12
SPECIFIC CONTENTS(3) CITIZENS AGREEMENTS

• These are agreements between the station and a
  community group that specify something about the
  stations programming or hiring practice. They
  are not very common in Montana.
• If there are no such agreements, have a file
  folder that states this.

13
SPECIFIC CONTENTS(4) CONTOUR MAPS

• These are the original contour maps submitted
  with the original station application OR, if the
  station has modified power or the antenna, the
  current contour maps. A coverage are map from the
  sales department does not qualify.

14
SPECIFIC CONTENTS(5) OWNERSHIP REPORT

• Every two years stations are required to file an
  ownership report on FCC form 323 (323E for
  non-commercial stations). The most recent copy of
  this filing is what belongs in the file. For
  station groups, it is acceptable to have one full
  copy of the ownership report in the file of one
  station and a reference to it in other station
  files. Keep only the current report!
• Note This form is currently being revised.

15
SPECIFIC CONTENTS(6) POLITICAL FILE

• The station must keep a complete and orderly
  record of all requests for broadcast time made by
  or on behalf of political candidates for public
  office or voter initiative issues. This must
  include a disposition of the request, any changes
  made to it, and if it was granted. The
  disposition means a schedule of the time
  purchased, when the spots actually aired, the
  rates charged, and the class of time purchased.

16
SPECIFIC CONTENTS(6) POLITICAL FILE (cont.)

• Political files can be maintained in a separate
  file - provided the public has access to it. An
  example might be the Sales Managers office but
  make sure that access is available if the sales
  manager is out to lunch or on a sales call.
  Political files must be held for two years -
  dont keep them any longer. This file is access
  more often than any other part and it is not a
  good idea to have your lowest unit rate from 4
  years ago available.

17
SPECIFIC CONTENTS(7) ANNUAL EMPLOYMENT RECORDS

• Stations must keep a copy of their Annual Public
  File Report (if required), FCC Form 396, and
  other EEO reports. If a station operates a
  website, these
• reports must be posted on the web. These files
  are maintained until final action on the
  stations
• renewal application is granted. The old reports
  can then come out and a new file begins. EEO
• regulations are not applicable to stations with
  5 or less employees.

18
SPECIFIC CONTENTS(8) THE PUBLIC AND BROADCASTING

• A copy of this manual must be kept in the public
  file. The current version is from 2008 and can be
  downloaded from the FCCs website.
• http//www.fcc.gov/mb/audio/decdoc/public_and_bro
  adcasting.html

19
SPECIFIC CONTENTS(9) LETTERS AND EMAILS FROM THE
PUBLIC

• This includes correspondence that relates to the
  stations operation. They should include comments
  about the stations programming (You should not
  play music that contains lyrics of sexual
  innuendo), operation (Why are the commercials
  louder than the program?), and community service
  (Thanks for doing that fund raiser!). Do not
  include letters about station personalities,
  letters that contain obscenities, or letter in
  which the sender requests that it not be in the
  file. Emails must be included including spam if
  it relates to programming or operation. Emails
  may be placed on a disk - provided that the
  public is granted access to a terminal to view
  them they can also be printed. Letters and
  emails must be retained for a period of three
  years.

20
SPECIFIC CONTENTS(10) INVESTIGATIVE MATERIAL

• Hopefully, this folder will be empty. It should
  contain material that is the subject of an FCC
  Investigation. This material must remain in the
  file until the FCC says you can remove it.

21
SPECIFIC CONTENTS(11) ISSUES AND PROGRAMMING
REPORTS

• Years ago, the FCC required stations to do a
  formal analysis and ascertainment of community
  issues and then prepare and deliver programming
  that addressed those issues. Stations still have
  to do this ascertainment but not formally they
  do, however, have to document the issues and how
  they were addressed through the stations
  programming. A report must be filed once each
  quarter and no more than 10 days after the end of
  the quarter and then placed in the public
  inspection file. These reports remain in the file
  for five years from the date of the letter or
  email. The FCC is very specific on the contents
  of the report. It must have five elements
  including
• (1) the issue description
• (2) the name of the program dealing with that
  issue
• (3) the date that the program aired
• (4) the time that the program aired
• (5) the duration of the program.

22
SPECIFIC CONTENTS(12) CHILDRENS PROGRAMMING

• Commercial television stations (including Class
  A LPTV
• stations) are required to demonstrate that they
  are in compliance with rules that limit
  commercial advertising during childrens
  programming. The station also has to show that it
  has provided programming in response to
  educational and informational needs of children.
  These records must be updated quarterly and
  placed in the file no later than the 10th day
  following the end of the quarter. They remain in
  the file until the next license renewal has been
  granted.

23
SPECIFIC CONTENTS(13) LOCAL PUBLIC NOTICE
ANNOUNCEMENTS

• This is not a list of PSAs. It is a record of
  the pre-filing and post filing announcements for
  license renewal. It must include the copy, the
  dates, and the times that they aired. They are
  kept in the public file until the next license
  renewal process.

24
SPECIFIC CONTENTS(14) TIME BROKERAGE AGREEMENTS

• A copy of any time brokerage agreement or LMA
  in both the licensees public file and the public
  file of the station on which the licensee brokers
  time. The agreement stays in the file as long as
  the agreement is in effect. Confidential or
  proprietary information may be deleted from the
  agreement.

25
SPECIFIC CONTENTS(15) MUST CARRY AND
RETRANSMISSION CONSENT STATUS

• All TV stations (including Class A LPTV
  stations) must select one or the other status
  with cable systems once every three years. Copies
  of the election for each cable system must be
  kept in the file for the period of the consent.

26
SPECIFIC CONTENTS(16) JOINT SALES AGREEMENTS

• Radio and television stations must keep copies
  of agreements that involve the joint sale of
  advertising time, whether they involve stations
  in the same or different markets. They stay in
  the file for as long as they are in effect. Once
  again, confidential or proprietary information
  may be deleted.

27
SPECIFIC CONTENTS(17) CLASS A CONTINUING
ELIGIBILITY

• Class A LPTV television stations are required to
• follow all of the rules of call letter
  stations, including public file requirements.
  Class A LPTV
• stations are also required to be on the air a
  minimum of 18 hours per day and they also must
  air a minimum of 3 hours per week of local
  programming. Documentation of the local
  programming requirement must be kept in the
  public file and updated once each quarter.

28
SPECIFIC CONTENTS DTV transition education
reports

• These reports (FCC Form 388) must be retained in
  the file for a period of one year, presumably
  ending on February 17, 2010 or June 12, 2010.

29
SPECIFIC CONTENTSNon-commercial Stations

• Donor lists. The lists of donors supporting
  specific programs. These lists shall be retained
  for two years from the date of the broadcast of
  the specific program supported.

30
LICENSE AND CHIEF OPERATOR

• Is the stations current license posted at the
  control point?
• Has a Chief Operator been designated in writing?
• Is the name of the Chief Operator posted at the
  control point?
• Does the Chief Operator know and understand
  his/her duties?
• Is the Chief Operator doing a weekly review of
  the logs and signing and dating them as
  reviewed?
• This is a major area of concern!

31
STATION OPERATING LOGS

• Does the station maintain a written operating
  log? Is it signed correctly?
• Are tower lights being monitored at least once
  every 24 hours?
• Are tower light failures logged and is the FAA
  notified?

32
EAS

• Is the EAS Encoder/Decoder operational?
• Is the station monitoring the NWS and the LP1
  station in the area?
• Is the date and time on the EnDec correct?
• Is the station logging the RWTs and RMTs?
• Is the EAS log part of the station log? Reviewed
  by the Chief Operator?
• Is the EnDec programmed with all of the FIPS
  codes in its coverage area?
• Is the EAS Handbook at the control point?

33
TOWER PAINT LIGHTING

• Is the tower paint faded or chipped?
• Is the tower being inspected periodically?
• Is the tower lighting system being inspected
  quarterly?
• Is the tower fenced and locked?
• Are RFR notices in place?
• Is the Tower Registration Number displayed?

34
TRANSMITTER LOGS

• Does the station maintain a transmitter
  maintenance log?
• When was the last power meter calibration?
• Are reading entered before and after maintenance?

35
Power Frequency - Modulation

• Is the station operating within the legal limits
  of power?
• Is the efficiency factor known available?
• Do the indirect and direct method of power
  determination match?
• When was the last frequency check?
• For DTV, when was the pilot carrier frequency
  last measured?
• How is the modulation monitored?
• Is the modulation within the legal limits?

36
AM STATIONS

• Are the monitoring point directions clear and up
  to date?
• When was the last check of monitoring point
  readings?
• How does the station know it has changed power
  properly? What happens if it does not?
• Are the NRSC measurements current?

37
WEB SITES

• http//www.access.gpo.gov/nara/cfr/waisidx_04/47cf
  r11_04.html THIS IS PART 11 RULES
  CONCERNING EAS
• http//www.access.gpo.gov/nara/cfr/waisidx_04/47cf
  r73_04.html THIS IS PART 73 RADIO AND
  TV BROADCASTING
• http//www.access.gpo.gov/nara/cfr/waisidx_04/47cf
  r74_04.html THIS IS PART
  74 BROADCAST AUXILIARY
• http//www.fcc.gov/eb/bc-chklsts/ HERE YOU CAN
  DOWNLOAD A COMPLETE COPY OF THE FCC CHECKLISTS
• http//www.fcc.gov/mb/audio/decdoc/public_and_broa
  dcasting.html THIS IS A LINK TO THE PUBLIC AND
  BROADCASTING
• http//www.fcc.gov/pshs/services/eas/handbooks.htm
  l THIS IS A LINK TO THE
  EAS HANDBOOK
• sbe-eas_at_sbe.org SEND A REQUEST TO BE ADDED TO
  THIS LIST FOR THE LATEST IN EAS - NEWS FROM THE
  TRENCHES