FCC COMMENCES 2010 EEO AUDITS
The Federal Communications Commission has mailed the first of its Equal Employment Opportunity (EEO) audit letters for 2010 to randomly selected radio and television stations. The FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and MVPDs are selected for these EEO audits. See a copy of the letter, or the list of radio stations or TV Stations on the recipient list.
Webcasting Rates 2011-2015
Webcasting issues can be confusing. With different audio/radio stations paying different rates (commercial, “pureplay”, NPR and college/school stations, you will likely read and hear about many different fee structures and recordkeeping/reporting requirements. CBI sets the facts straight with respect to stations at schools and colleges that are not NPR/CPB qualified on our webcasting pages. Despite conflicting information you may find elsewhere, CBI’s information is based on fact with links to the pertinent law. CBI is active in every step on behalf of members of the association.
For those wanting to know about the current situation, we summarize below.
- Fees for 2006-2010. CBI and others appealed the amount of the minimum fee of $500 for this period. MOST stations eligible to CBI members must pay the minimum fee and no more. Our appeal of the minimum fee was remanded back to the Copyright Royalty Board in order for it to adjust, if necessary the amount of the minimum fee. CBI has reached a compromise with SoundExchange concerning the minimum fee for 2009 and 2010 which allows stations to pay the minimum fee and opt-in to special reporting terms for that period. After CBI reached this agreement, it withdrew from the remand proceeding. There is only one entity left participating in that proceeding and the hearing on that case is expected to take place on May 18, 2010. CBI does not anticipate that the minimum fee will change.
- Fees for 2011-2015 are the subject of a legal proceeding that is now in progress. Most CBI eligible stations may elect to participate in a settlement CBI reached with SoundExchange (see our guide) under the Webcaster Settlement Act of 2009. CBI is a participant in that proceeding and has asked the Copyright Royalty Judges to adopt the terms and rates of that settlement in the legal proceeding. A hearing on settlements is scheduled for May 5.
- Recordkeeping/Reports of Use. CBI and others filed comments concerning recordkeeping issues last year. CBI has been active on behalf of its members and eligible for years with numerous legal filings. Information about recordkeeping proceedings is available on our recordkeeping/reports of use page and in the guide. In short, the current status is that stations must submit reports of use or pay a waiver fee. The level of reporting differs with the various options. Under the CBI settlement, stations have the option of paying the waiver fee, or submitting limited information. Under the regulations, BROADCAST STATIONS must report some data. Webcasting only stations must report more data if they exceed a prescribed audience size. Again, refer to the links!
- Appeal of Recordkeeping/Reports of Use Rules. CBI has appealed the regulations implemented by the Copyright Royalty Judges, with another party joining the CBI appeal. This matter is currently before the courts, but could become a non-issue for stations that opt-in to the CBI settlement provisions for 2009-2010 and if the Copyright Royalty Judges adopt the settlement before them as proposed by CBI and SoundExchange.
- Summary. It is our hope that the CBI settlement will become law. This will allow stations to just pay and report (if necessary) under the terms of the CBI settlement and not need to follow procedures to opt-in to the settlement. The reporting requirements under the settlement are far easier for stations to comply with than anything else offered anywhere. These issues could be resolved in May, but the Copyright Royalty Judges are not required to settle these issues until November or December. Even at that point, the outcome could be appealed.
Still confused? Don’t be. Call or email us with questions!
WSOC-TV ACCOUNT EXECUTIVE
Do you have a competitive nature to win? Are you ready to prove your talents in the sunny top 24 market, Charlotte, NC? WSOC-TV, an ABC affiliate with Cox Media Group has a fantastic opportunity for a proven Account Executive. We are seeking a savvy agency negotiator with a blend of marketing skills. You must be adept at analyzing client needs, uncovering key marketing challenges and use creativity, market research & interpersonal skills to effectively communicate marketing solutions. If you are ready to demonstrate your intensity, discipline, and entrepreneurial spirit, call Jeff Tackeberry, Local Sales Manager, 704-335-4918 or e-mail Jeff.Tackeberry@wsoc-tv.com. EOE M/F
Commercial Ownership Reports Due July 8
For those members that have a commercial license, the FCC has once again issued a deadline for filing Form 323. Forms are now due July 8, 2010. These forms must be filed electronically. Don’t expect another delay in the deadline for submitting this form. The FCC has put together a page that provides resources designed to help stations complete the new form at .
Again, this is relevant to licensees of commercial AM, FM, and full power television broadcaststations, as well as Licensees of Class A and Low Power Television stations.
Non-Commercial stations file their ownership reports on the anniversary date of the station’s renewal application filing date and every two years
thereafter. Don’t forget that the license renewal process begins again next year for a number of states. A copy of the schedule is available at http://www.fcc.gov/localism/radio-dates.html
WEEKEND ASSIGNMENT EDITOR at WSOC
WSOC-TV is looking for an aggressive and experienced Assignment Editor. We are Charlotte’s News Leader, and we need a journalist who loves breaking news and winning. You must be organized and be able to effectively communicate accurate and updated information to crews, producers and managers. Strong enterpriser of local news and ability to manage multiple responsibilities and make sound decisions. Two years experience at television news operation required. Computer skills a plus. Send tape and resume to Linda Nester, Assignment Manager, WSOC-TV, 1901 N. Tryon St., Charlotte, NC 28206 EOE M/F
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