Ownership reporting requirements change

A new FCC ownership reporting system goes into effect Nov. 1. The current plan is for all commercial licensees — along with a variety of broadcast owners and investors previously exempt from any such filing — to file new reports on that date. The filing of biennial ownership reports for commercial stations on June 1, Aug. 1 and Oct. 1 has been suspended. Noncommercial TV licensees must still file the usual biennial reports on those dates.

The shift in reporting requirements, and a change to new reporting forms, arises from concern about the relatively low percentages of minority individuals and females among the ranks of broadcast owners.

List of changes

The following changes have been made:

  • All commercial licensees must file, even previously-exempt stations owned by one person or a partnership of natural persons.
  • LPTV stations and Class A TV stations are no longer exempt from reporting.
  • All affected entities will file on the same date, every two years, beginning Nov. 1.
  • The data reported must be accurate as of Oct. 1 of the same year in which the report is filed.
  • Equity owners whose reporting exemption was based on the single majority owner rule must now report their interests.
  • Equity owners whose interests would be attributable but for the higher EDP threshold for investors in minority-controlled companies (generally 50 percent vs. 33 percent) will not be exempt from reporting.
  • Investors and affected lenders must not only report the names of the licensees and the stations owned by those licensees at present, they must also provide the FCC-issued Federal Registration Number (FRN) for each licensee in which they have a reportable interest.
  • The FCC will begin random audits to verify what is reported.
  • Information will no longer be accepted in uploaded attachments to the ownership report form. Everything must be submitted on the ownership reporting form itself.

Implementation of this new regulatory scheme is dependent on speedy adoption of a new Form 323 and its approval by the Office of Management and Budget. It is likely that the Nov. 1 start date will have to be postponed if the form is not ready in time.

The commission also has separately proposed revisions to the ownership report form (Form 323-E) for noncommercial educational (NCE) radio and TV stations to include information about the ethnic, racial and gender makeup of their governing bodies. In the meantime, as noted above, NCE licensees must continue to file their ownership reports biennially on the anniversaries of their renewal filing dates.

2009 annual regulatory fees

In May, the FCC proposed the 2009 annual regulatory fees for commercial TV stations. The fees for analog VHF stations as of Oct. 1, 2008, are:

  • Markets 1-10: $77,575
  • Markets 11-25: $60,550
  • Markets 26-50: $37,575
  • Markets 51-100: $22,950
  • Remaining markets: $5950
  • Construction permits: $5950

The fees for analog UHF stations as of Oct. 1, 2008, are:

  • Markets 1-10: $24,250
  • Markets 11-25: $21,525
  • Markets 26-50: $13,350
  • Markets 51-100: $7600
  • Remaining markets: $1950
  • Construction permits: $1950

Annual regulatory fees are due this August or September.

Harry C. Martin is a member of Fletcher, Heald and Hildreth, PLC.

Send questions and comments to:harry.martin@penton.com


  • Nov. 1 is the deadline for submission of biennial ownership reports for commercial TV stations in all states and territories.
  • For noncommercial TV stations in Iowa and Missouri only, the biennial ownership report deadline is Oct. 1.
  • Oct. 1 is the deadline for TV stations in Iowa and Missouri to electronically file their broadcast EEO midterm reports (Form 397) with the FCC.
  • Oct. 1 is the deadline for TV stations licensed in the following states to place their annual EEO reports in their public files: Alaska, Florida, Hawaii, Iowa, Missouri, Oregon, the Pacific Islands, Puerto Rico, the Virgin Islands and Washington.