WASHINGTON, D.C.—The Federal Communications Commission has announced that it has launched a proceeding to update its rules relating to the Low Power Television Service, which includes Class A television, low power television (LPTV), and TV translator stations.

As previously reported the FCC announced in May its intention to initiate a proceeding to update the rules and reported that it would consider the matter at its June 6 open meeting. That item was, however, removed from the agenda at the last minute. 

In the new announcement, the FCC said that the Notice of Proposed Rulemaking adopted on June 6 invites comment on whether LPTV stations affiliated with a top-four TV network should be required to comply with online public inspection file requirements that are similar to those that apply to full power and Class A TV stations as well as AM and FM stations.  

The item also proposes to require that all LPTV stations maintain records for public inspection and to update the list of political programming and political file rules applicable to LPTV stations.

The Notice also proposes revisions to other rules and policies affecting Class A, LPTV, and TV translator stations, including clarifying the maximum distance that a station may move under the minor change rule and how distance is calculated for displaced stations.  

It also proposes requiring stations to specify a community of license that is located within their contour; defining minimum operating and video program requirements for LPTV stations; prohibiting operations above TV channel 36; clarifying and amending the Commission’s displacement rules for LPTV and TV translator stations; and proposing other technical and non-substantive rule changes.

The FCC has issued a Notice of Proposed Rulemaking (NPRM) that would revise rules governing low power TV stations (LPTV) in a number of areas, including online public file requirements, and rules governing operations of Class A television (i.e. stations that operate at low power, like LPTV/TV translator stations, but are afforded primary interference protection status), LPTV, and TV translator stations.

The FCC also announced that it will vote on the NPRM, which would significantly increase the rules governing LPTV stations, at the June Open Commission Meeting scheduled for Thursday, June 6, 2024. 

In announcing that it was seeking public comment on the NPRM, the FCC noted that “the Commission created the LPTV Service in 1982 to bring local television service to viewers “otherwise unserved or underserved” by existing full power stations. Today, the LPTV Service is an established component of the nation’s television system, delivering free over-the-air TV service, including locally produced programming, to millions of viewers. The NPRM proposes changes to our rules and policies to ensure it continues to flourish and serve the public interest.”

More specifically the NPRM would seek comment on whether to require top-four network affiliated LPTV stations to comply with the same online public file (OPIF) requirements applicable to full power and Class A television stations, or alternatively whether OPIF requirements should be applied to LPTV stations that are among the top-four TV stations in each market based on the Nielsen ratings.

It also proposes to adopt procedures for LPTV stations to establish an OPIF, and it proposes to make public inspection and political broadcasting rules applicable to all LPTV stations.

In addition the NPRM proposes a number of technical and operational amendments to the FCC’s current rules relating to translators and other issues. 

Those technical and operational amendments would include a proposal to amend the method for calculating the maximum distance that a displaced or channel sharing station may move under the FCC displacement rule and clarify the maximum distance that Class A and LPTV/TV translator stations may move under our minor modification rule.

It would also require that Class A and LPTV/TV translator stations “specify a community of license within their station’s contour”; adopt minimum operating and defined minimum video program requirements for LPTV stations; require stations in the LPTV Service seek authority to change designation and maintain a call sign consistent with their class of service; specify requirements pertaining to emissions masks; prohibit LPTV/TV translator station operations above TV channel 36; and clarify the circumstances in which LPTV/TV translators stations are eligible for displacement.

The FCC noted that NPRM was being released as part of a “permit-but-disclose” proceeding. Any presentations or views on the subject expressed to the Commission or its staff, including by email, must be filed in MB Docket Nos. 24-147 and 24-148, which may be accessed via the Electronic Comment Filing System (https://www.fcc.gov/ecfs/). 

The full NPRM can be found here. 

WASHINGTON—An important note for all TV and radio broadcasters—if you aren’t keeping up your online public file, penalties may be headed your way.

In March 2018, radio and television stations were required to transition their public inspection files to an online public inspection file system, or OPIF. The Federal Communications Commission told the National Association of Broadcasters that not only have some broadcasters failed to keep their files up to date but some broadcasters have not even activated their online public file.

While the FCC has apparently emailed warning notices to some stations, the NAB is strongly advising stations to take action now by confirming that they are correctly complying with current public file rules, according to a blog post by the Alabama Broadcasters Association (ABA).

According to the ABA, FCC staff are now in the process of reviewing the online public file system for those still lacking an online public file, checking for dormant online public files and looking for required items that are missing or late-filed.

It’s important to note that materials entered into the OPIF system are time- and date-stamped, so timely filing is essential. According to ABA, those out of compliance should expect to incur a fine.

“Significantly, the license renewal cycle is well underway for radio stations, and failure to properly maintain the public file takes on additional importance because stations must certify that their public file has been complete and up-to-date at all times during the license term, or disclose violations,” the ABA said in a newsletter to its member stations. “The FCC considers a lack of candor in renewal applications an extremely serious violation.”

In addition to fines, an incomplete online public file can lead to delays in the license renewal process.

Broadcasters should also closely focus on uploading their Quarterly Issues/Program lists, which show exactly how a station has addressed the needs and interests of its community. These lists must track issues and programs starting with the very first year in a station’s typical eight-year license term. “Failure to comply can be extremely costly,” the ABA said.

Stations should also promptly upload other required materials including their annual EEO Public File Reports and children's television reports.

Keep in mind too that attempting to avoid enforcement by uploading the lists after their due date—without disclosing this to the FCC—may increase the enforcement liability. The public can track online which stations have most recently uploaded public files on the FCC’s database.

The first place to start if you don’t know where to begin? Talk to your station’s legal counsel.