TV Station Disclosure of Programming on Quarterly Basis Eyed in New FCC NOI
The FCC began an inquiry on what TV stations should report to the agency on the types of local programming they air each quarter. A Media Bureau notice of inquiry on coming up with a replacement to the never-used Form 355 was approved 4-0 and released Monday afternoon. Commissioner Robert McDowell concurred, though saying his proposed changes to the draft NOI that were “substantive” in nature weren’t incorporated into the item. The agency’s approval of the NOI was expected (CD Oct 28 p7). McDowell dissented in 2007 when Form 355 was approved by the agency, and he approved with all other FCC members an order last month that permanently junked the form. “While we have vacated the 2007 Report and Order, we continue to believe that the creation and implementation of a standardized form is beneficial and worthy of pursuing,” the notice said.
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"We propose to require broadcasters to report on their programming using a sample-based methodology and we also seek comment on a more limited number of reporting categories,” the notice said (http://xrl.us/bmimmc). It proposed to limit the disclosure “at this time” to TV stations. Worries among noncommercial educational (NCE) TV stations about the quarterly reporting requirement may “be allayed by our proposals only to require reporting on a sample basis, and to otherwise streamline the form,” the notice said. “We seek comment on whether these measures are sufficient, or whether there are other ways to address NCE licensees’ concerns.” McDowell was the last FCC member to approve the NOI, which he did on Thursday, said agency officials. A bureau spokeswoman declined to comment.
"We remain committed to the implementation of a standardized form, and seek to do so expeditiously,” the notice said. “We seek comments in this proceeding that will assist us in crafting a form that is beneficial and workable for those using and drafting the forms.” FCC Chairman Julius Genachowski had pledged to finish the proceeding and one on putting online TV stations’ public-inspection files by the spring, after nonprofit groups that seek better broadcaster disclosure had pressed him to do so and said they'd only back the items if he committed to that time line (CD Oct 25 p7).
What the agency eyes now “is somewhat less burdensome than its predecessor” document, McDowell said. “However, the [previous] ‘Enhanced Disclosure Form’ set a very low standard.” He noted that the notice recommends TV stations report separately on the extent they cover news, civic and governmental affairs and electoral affairs at a local level for “one or two composite or actual weeks” per quarter. But he still has “significant concerns about the direction in which the Commission is headed,” McDowell said (http://xrl.us/bmimnf). “I question the need for government to foist upon local stations its preferences regarding categories of programming,” he said, and “it is unfortunate that we do not take this opportunity to comprehensively review the purpose, mechanism and cost and benefits of broadcaster disclosures regarding programming of interest to their community of license.” The NOI asked about how a “composite” week or weeks that were picked at random of what a programmer aired during a quarter could be set up.
Docket 00-168 on enhanced disclosure “will now be dedicated to addressing the proposed online public file requirement,” subject of a rulemaking notice that was also approved at the Oct. 27 FCC meeting, the NOI said. “Given the value of the comments previously filed in that proceeding regarding the standardized form issues, however, we will incorporate that record into this proceeding.” Comments are due, in docket 11-189, 30 days after the notice appears in the Federal Register, replies 15 days later. The agency asked that filings on both the NOI and online posting of TV station public-inspection files be made in the new docket.