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HOW ABIP CAME ABOUT

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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 – PowerPoint PPT presentation

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Title: 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
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