THE ULTIMATE NON-REVENUE PRODUCING EXPENSES
Recent news releases in the FCC’s Daily Digest show a very sharp uptick in the number of Public File Quarterly Issues/Programs fines being levied for late, incomplete, or missing file entries. Typical fines have been running around $6,000 per station, and non-commercial educational stations have been receiving these citations right along with commercial stations.
While an FCC fine or forfeiture is the ultimate non-revenue-producing expense, the good news is that avoiding Public File Quarterly Issues/Programs filing issues is extremely easy. First, why do we have to make these filings in the first place? Remember, stations are licensed in the Public Interest, Convenience, and Necessity (PICON). According to the government, public service is number one – concerns about profitability are not mentioned in the FCC rules!
Secondly, what should this report include? The Issues and Programs entries should include community issues that citizens in your coverage area, and particularly your community of license, feel represent community needs. Often, they include topics like crime, economic development, education, homelessness, and the like. However, Issues like “Damar Hamlin’s season with the Buffalo Bills” or “First minister of Scotland resigns” are not local community issues – though I have seen these kinds of things in my ABIP inspections.
Additionally, your Issues/Programs file should be updated quarterly. All radio and TV broadcast stations must prepare Issues/Programs Lists within ten days after the end of each quarter. So your next deadline is January 10. Remember: quarterly Issues/Programs lists are station-specific and, therefore, each station should have its own list.
How many Issues should be in the file? There’s no hard number, but about 10 issues per quarter is what you’ll find expressed on many FCC attorney web sites.
If you “overserve” your community, there’s no downside. You’re likely already doing all the public interest programming that a typical observer would find to be perfectly adequate. But are you documenting it? Documenting your performance is the key. In the words of one FCC attorney, “If you didn’t document it, you didn’t do it.”
Being able to demonstrate strong community service and filing the documentation on time in your Issues/Programs file will not only help your station avoid a possible fine or forfeiture, it’ll be very helpful at license renewal time in the event that someone challenges your next renewal on grounds that you’re not really providing a proper public interest service.
