PBS TECHNOLOGY CONFERENCE

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PBS TECHNOLOGY CONFERENCE
Kevin P. Latek, Member Dow, Lohnes Albertson,
pllc
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Nitty-Gritty Nuts and Bolts

• What every station staffer should know about
  everyday operational issues for public TV that
  involve the FCC

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Now Playing! TV License Renewal Cycles Top 10
Words of Wisdom

• Start early on renewal preparation
• Inventory public file (see handout)
• Review Issues/Programs list procedures (see
  handout)
• Get up to speed on EEO requirements (and keep up
  with those)

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TV Renewal Cycles Dos and Donts

• Check in with the university/in house counsel
• Make appropriate inquiries to board members,
  officers, etc. about adverse adjudications
• Review/Track down status of any EEO complaints
  against station
• Take renewal seriously
• Review all FCC renewal forms/instructions
  carefully

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TV Renewal Cycles Dos and Donts

• If in doubt about whether the station can
  certify, investigate
• If still in doubt after investigation, or if
  investigation reveals a problem, disclose fully
• Certifications are under penalty of perjury

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FCC Public Inspection FileTop 8 Words of Wisdom

• The most OCD person at the station should be in
  charge of the public file
• Get a checklist of what should be in the file and
  do an inventory
• Beware of thick files no extraneous materials
  (no confidential memos)
• Update timely station will have to certify as
  to this at renewal time (under penalty of perjury)

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Public File -- Top 8

• Ensure accessibility teach custodian of file
  about procedures
• Never refuse a visitor access to the file, if the
  visitor requests access
• Recall that NCE stations DO NOT need to keep
  letters from the public in the file (only
  commercial stations)
• Understand the policy rationale behind the
  public inspection file rule and why the FCC
  thinks it is so important.

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Record Retention Basics

• Quick Overview
• Public file material retention (see Handout)
• Update on program recording rulemaking

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Childrens Programming and the E/I Bug

• Kids programming from the FCCs viewpoint
• Why the E/I Bug?
• When, where and how for the E/I Bug?
• Multicast streams and childrens programming

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What if

• What ifa station kinda sorta was not in
  compliance with an FCC rule or rules.what can
  they expect will happen?
• It Depends..
• On how the station found out about the
  noncompliance

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FCC Enforcement

• Finding out on your own fix ASAP and do memo to
  private (not public) station files explaining
  situation and remedy
• Somebody else points it out (to you or to FCC)
  fix ASAP and brace yourself.
• FCC issues an inquiry letter, NAL or something
  else get out your tap dancin shoes (and your
  wallet)

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The Ever Changing Indecency Landscape

• Last year at this time
• Golden Globe Decision
• Aftermath of Superbowl wardrobe malfunction
• Zero tolerance atmosphere

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The Indecency Landscape

• A lot can happen in a year.
• Saving Private Ryan
• Frontline A Company of Soldiers
• The impact of watch dog groups on the FCC and on
  individual station decisions

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Practical Advice on IndecencyThe Golden Rules

• Know thy audience
• Know thy governing board (especially important
  for institutional licensees)
• Know the limits of thy pocketbook
• Make informed decisions about playing it safe,
  vs. taking calculated risks, vs. angling to be a
  test case

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Audience Participation Time

• Questions?
• Comments?
• Concerns?