Welcome to the Online Public Inspection File Webinar: A Refresher Course Thank you for joining us. The presentation will begin shortly. Please make sure that the volume on your computer s speakers is turned up.
Presented by Frank Montero Co-Managing Member & Steve Lovelady Senior Counsel Fletcher, Heald & Hildreth, PLC Arlington, Virginia In cooperation with
What Will Be Covered in the Webinar: New Online Public Inspection File (OPIF) Mechanics of Starting an OPIF What Needs to be Uploaded Consequences of Non-Compliance Question/Answers
Public Inspection Files: A History Historically were maintained on paper or on computers in their studios Were only available to the public during regular business hours
In 2012, new FCC Rules created the OPIF System Hosted by the FCC Available to everyone 24/7 on the web Automatic uploads of certain items
FCC phased-in OPIF requirements based on service/markets: August 2012 Top 50 market TV stations Stations affiliated with the Big 4 Networks (ABC, NBC, CBS, & FOX) July 2014 All TV Stations June 2016 Top 50 Market Radio Stations (except non-commercial or less than five full-employees)
Upcoming OPIF Deadline: March 1, 2018 for ALL radio stations
Getting Started Start before March 1 because You must scan and submit/upload certain historical materials by that date Once the OPIF for a station is opened, new materials must be uploaded (political files, etc.) Wait until after November political elections to begin this process?
What you will need: 1. The FCC Registration Number (FRN) for the Licensee of the Station (10 digit number) 2. The FRN password Note: At this time you cannot log in using your new CORES username and password (unlike ETRS)
Log into the FCC s OPIF system s Owner Dashboard https://publicfiles.fcc.gov/admin/owner-login In the drop-down menu for Station Type, choose: TV/FM/AM
After you sign in, you will see all of the licensee s stations listed by call sign
Pro Tips Note that the Entity ID = Facility ID The Passcode is assigned by the FCC and is not customizable by you (no vanity plates) Entity ID number and Passcode are needed to activate the station s OPIF and again every time you sign in to upload new information Access Token only needed for bulk uploads by advanced users
Log in at https://publicfiles.fcc.gov/admin/ Select the appropriate station type in the dropdown menu (e.g. AM or FM) Enter the Facility ID Number (i.e. Entity ID from the Owner Dashboard) Enter the passcode
First Time Sign In: The banner at the top of the page reads: [Station Call Sign] is now ready for keeping public inspection files online. [Station call Sign] profile is currently OFF for public view Once ready to start using OPIF, click OFF button to turn ON. You will not see that banner again in the future.
Once signed into a station s OPIF, you will see the following:
At the top of the page there will be a banner with the following options: Mouse over the Manage Public Inspection Files wording to see all of the folders set up by the FCC to which you may upload documents. Note that the FCC has done most of the work for you already.
Click on one of the pre-set folders (for example: Joint Sales Agreements) and you see the following: To upload documents, click Upload Documents (Thanks, Captain Obvious!)
After clicking Upload Documents you will see the following: Drag and drop, or click Add files... button.
Under Additional Documents tab you will see: The OPIF system will accept uploads of Microsoft Word documents, in addition to Adobe Acrobat scanned/converted files.
Contents of Radio Public Files FCC Authorizations (retain until replaced): examples include license, permits, etc. Automatically uploaded by the FCC. Applications and related materials (retain until final action taken on the application): Applications submitted to the FCC for broadcast licenses, construction permits, special operating authority, or consent to the sale of the station. Automatically uploaded by the FCC when filed electronically by the licensee (note Form 302-AM license application is still filed on paper). Contour Maps (retain as long as they reflect current, accurate information): Maps of the area in which a broadcast station provides a particular level of signal strength over-the-air. Automatically uploaded by the FCC.
Ownership Reports and Related Materials (retain until a new ownership report is filed): Related materials include corporate formation documents, bylaws, operating agreements and other documents including certain loan agreements which impact present or future ownership rights. The FCC automatically uploads ownership reports filed. Other corporate documents must be manually uploaded by the licensee.
Equal Employment Opportunity File (retain until final action taken on the station s next license renewal application): Stations employing five or more full-time employees are required to maintain in their public inspection file the following reports regarding their EEO activities: An annual EEO public file report on the anniversary of the station s license renewal application deadline (licensee must manually upload); FCC Form 396 an EEO Program Report that is filed as part of the station s license renewal application (FCC automatically uploads); FCC Form 397 an EEO Mid-term Report that is filed at the midpoint of a license term (FCC automatically uploads); and For buyers of a station or new licensees, FCC Form 396-A a Model EEO Program Report that is filed at the time of the assignment application (FCC automatically uploads).
Equal Employment Opportunity File Continued Pro Tip: Stations must already have their most recent Annual EEO report on their website. This requirement can now be satisfied by a link to the OPIF on the station s home page. The link must lead directly to the page with the EEO report, not to the main OPIF page.
The Public and Broadcasting manual (retain most recent version indefinitely): Automatically uploaded by the FCC. Citizen agreements (retain for term of agreement): Agreements between citizens groups and broadcast stations, that primarily deal directly or indirectly with the stations service to the community (Rare). Stations must upload manually.
Political file (retain for two years): All requests for advertising time by candidates and certain issue advertisers, final dispositions or "deals" agreed to with the candidate/advertiser. Include description of when advertising actually aired, advertising preempted, and the timing of any make-goods of preempted time, as well as credits or rebates provided by the candidate/advertiser. Going forward new political files must be uploaded manually to the station s OPIF. Existing political files are not required to be upload to the OPIF (but may be manually uploaded by the licensee).
FCC investigations and complaints (retain until notified in writing that the material may be discarded): Material that licensee is aware of, has a substantial bearing on an FCC investigation or complaint to the FCC involving the station. The FCC may direct that some of the material in this category be excluded from the public file. Must manually upload this information (check with your lawyer or broadcast association).
Issues/Programs lists (retain until final action taken on the next license renewal application): Quarterly lists of programs aired during the preceding quarter that provided the most significant treatment of community issues. Must manually upload this information. Donor lists for non-commercial educational (retain for two years from the date of the broadcast of the specific program reported): Lists of donors that have supported specific programs aired. Must manually upload this information.
Local public notice certifications and announcements (retain for as long as the application to which it refers): Certifications regarding on-air announcements that are filed during license renewal. Must manually upload. Time brokerage agreements (retain for as long as contract or agreement in force): Contracts that allow a party other than the station s owner to provide more than 15 percent of weekly programming (this includes HD channels). Sometimes referred to as Local Marketing Agreements or LMAs. Confidential or proprietary information, may be redacted from these. Must manually upload. Joint sales agreements (retain for as long as contract or agreement in force): Contracts that allow a party other than the station s owner to sell advertising time on the station. Confidential or proprietary information may be redacted from these documents. Must manually upload.
Sponsorship Identification - Political Matter and Controversial Issues of Public Importance (retain for two years): List of the chief executive officers of the executive committee or board of directors of any entity that has paid for broadcast programming that is "political matter or matter involving the discussion of a controversial issue of public importance. Going forward new public and political files must be uploaded manually to the station s OPIF. Existing political files are not required to be upload to the OPIF (manually by the licensee). Letters and e-mails from the public (No longer required to be placed in the public file.)
For fun, check out the public files of stations that are already using the OPIF system. Go to this FCC webpage and enter the call sign of your favorite station: https://publicfiles.fcc.gov/
Any station with a website MUST include a home page link to the first page of its OPIF. Contact information for a representative who can assist any person with disabilities with issues related to the content of the public file. This must be on the home page.
The OPIF must list a station s official main studio address. To add the studio address: 1. After logging into the Entity Sign In page there s a tab at the top labeled Settings. 2. Click that tab and on the next page go to the tab Main Studio Contact. 3. Fill in the address and phone number, then save the changes. The anticipated repeal of the FCC s Main Studio Rule may impact this requirement
Consequences of Non-Compliance Your OPIF is now accessible to anyone at any time from the anonymous comfort of an office/home/cave/bunker: disgruntled former employees; competitors; public interest groups; political advertising consultants; and THE FCC!!! The OPIF not only shows if you have uploaded required items, it shows when those items were uploaded. The FCC s rules may require that certain items be placed in the public file at specific times.
Consequences of Non-Compliance Continued The FCC s staff is now auditing public files in the D.C. headquarters when reviewing applications. One of the questions in the license renewal application form (which will be due again in several years) is: Local Public File Licensee certifies that the documentation, required by 47 C.F.R. Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Yes or No. If the answer is No (i.e. the applicant cannot certify that the public file was timely updated during the prior 8-year license period) the applicant must submit an exhibit with an explanation.
Any Questions? Thank you. Frank Montero Montero@fhhlaw.com (703)812-0480 @Commlawblog Steve Lovelady Lovelady@fhhlaw.com (703)812-0517 Fletcher, Heald, & Hildreth