FCC Shutdown - What It Means For Me

As every broadcaster likely knows by now, FCC operations have been suspended by the partial government shutdown. An FCC public notice announced that it must suspend operations as of Thursday, January 3rd, 2019, but a many of its online public databases and filing systems will remain open while others will be unavailable. FCC Public Notice regarding the shutdown may be viewed at: Impact of Potential Lapse in Funding on Commission Operations

During the lapse in funding these systems will remain open:

• Licensing Management System (LMS)
• Consolidate Database System (CDS)
• Electronic Comment Filing System (ECFS)
• Universal Licensing System (ULS)
• Electronic Document Management System (EDOCS)
• Auctions Public Reporting System (PRS)
• Auctions Application System
• Auction Bidding System
• Daily Digest, and
• Commission Online Registration System (CORES).

However, no support will be provided for any of these systems except for auction activities; they will not be reviewed or processed during the shutdown. They will be considered accepted and submitted on the day following the day the FCC returns to normal operations.

Quarterly Issues/Programs List

Of most immediate concern is the online pubic file and the broadcast quarterly 2018 issue/programs lists, required to be filed for the first quarter of 2019 by January 10th.

In general, the FCC has instructed that all required regulatory filings during the shutdown period should be timely prepared and the licensee be ready to upload them by the first day after it reopens.

For example, the fourth quarter 2018 issue/programs lists should be prepared on or before January 10th, despite the shutdown. If the FCC should reopen on or before January 9th, then the fourth quarter 2018 issue/programs lists must be uploaded by January 10th. If the FCC remains closed on January 10th and beyond, the fourth quarter 2018 issue/programs lists must be uploaded on the first business day following resumed FCC operations.

The Public File

The online public file requirement now applies to all broadcasters. Although there is no requirement to back-up the full online public file, broadcasters must maintain a back-up political file and make it available for public inspection when the FCC online public file is unavailable. That requirement was imposed by the January 2016 Report & Order adopting the online public file for all broadcast stations at paragraphs 29-31. It requires broadcasters to maintain a local back-up their political file to ensure that broadcasters comply their statutory obligation to make political broadcast information available to candidates, the public, and others should the FCC online public file become unavailable for any reason. While political file back-ups are required "only if and during such rare times as the Commission's online public files are unavailable," this is one of those times. The Commission advised that "entities may choose to meet the political file back-up requirement by periodically downloading a mirror copy of the public file, including the political file, housed on the FCC's database," and may be retained either in paper or electronic form, or make it accessible to the public online through the licensee's own website.

If a "mirror copy" has not been downloaded, stations should gather the documents necessary to reproduce its political file, organize them and make them available to any member of the public seeking access. If you receive such a request and believe somebody using the FCC shutdown to test the availability of such documents during the shutdown, you should contact your FCC council immediately.

Other Quarterly Reports

LMS, where most TV reports and applications are filed, is another of the Commission's database system that will not be shut down and it is recommended that all documents to be filed in LMS be completed and submitted on a timely basis. Note that because LMS remains open, repack reports must be filed on a timely basis, including the quarterly repack transition reports. On the other hand, the quarterly Kid-Vid cannot be filed until the Kid-Vid database is available when operations resume.

Other Applications

Although CDBS remains open and applications for assignments and transfers of licenses, facility modifications, call sign changes and other routine applications may be filed, none will be acted upon by the FCC during the partial shutdown. Interestingly, the FCC databases that contain broadcast facility information will remain available to the public unlike what happened during the 2013 shutdown and the Commission's electronic comment filing system (ECFS) containing public filings and docketed proceedings remain available.

Again, note any documents required to be filed but which cannot be filed due to the unavailability of the Commission filing system, will be due to be filed the day following the resumption of FCC operations.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.