Important Reminder: Biennial Broadcast Ownership Reports Due December 1, 2021
Erin Dozier from NAB’s Legal Department shared that the FCC contacted NAB about biennial ownership reports. The FCC is reminding and encourage broadcasters to file their reports. The reports must be filed every two years by every commercial and noncommercial full power TV, Class A, LPTV and AM and FM station.
Erin looked at the FCC’s most recent report on ownership diversity data and it shows that about 1300 stations didn’t file in 2019 and another 1800 filed incomplete reports. The biggest gaps are with commercial LPTV stations, but there are also many commercial (302 AM stations and 229 FM stations) and noncommercial (351 FMs) radio stations that failed to file. We are concerned that the FCC plans to shift focus from outreach to enforcement. In fact, their most recent public notice on this issue says they intend to take enforcement actions.
Below you will find the notice NAB sent to member stations:
Important Reminder: Biennial Broadcast Ownership Reports Due December 1, 2021
The Federal Communication Commission’s (FCC) Media Bureau recently issued a public notice reminding commercial and noncommercial broadcasters of their obligation to file their 2021 biennial ownership reports on FCC Form 323 or 323-E, respectively. In the notice, the FCC stated that it intends to take enforcement actions against stations that fail to file timely, complete reports. The window for filing ownership reports opened on October 1, 2021, and all reports must be submitted by December 1, 2021. To assist broadcasters, the Media Bureau recently hosted a public information session where FCC staff presented an overview of the reporting forms and addressed questions from online attendees. A recording of the information session is available on the FCC’s events page.
Ensuring that your station’s biennial ownership report is timely filed takes on added importance during the license renewal cycle. Stations must certify on their renewal applications that they have filed their biennial reports as required by the Commission’s rules or disclose violations. Failing to file ownership reports on time can raise issues for stations during the license renewal process, including potential processing delays. Earlier this year, the FCC reminded broadcasters that, as part of FCC review of license renewal applications, staff will be reviewing whether licensees have filed their 2019 and 2021 biennial ownership reports and whether they have certified truthfully concerning compliance with the filing requirement. In addition to taking enforcement actions against broadcasters that fail to file timely and complete biennial ownership reports, the FCC may take additional actions against any broadcaster that makes a false certification on its renewal application regarding the filing of the reports.
The FCC regards reporting ownership information as a fundamental obligation of broadcast licensees, so it is important to timely file your reports. For further information about biennial ownership reports, please visit the Media Bureau’s Form 323/323-E website, which has links to forms and instructions, FAQs, and information sessions. If you have questions, please contact your station’s legal counsel.
