FCC Launches Proceeding Aimed at Modernizing Broadcasters’ Public Inspection Files

The Federal Communications Commission (FCC) took a major step toward modernizing the way television broadcasters inform the public about how they serve their communities.

The FCC adopted an Order on Reconsideration that vacates a 2007 Report and Order (R&O), and a Further Notice of Proposed Rulemaking (FNPRM), which proposes a new approach that would require commercial and noncommercial television stations to submit documents to an online public file hosted by the FCC. The 2007 R&O largely replaced a decades-old requirement that television stations maintain a paper public inspection file in their main studio with one that required the files be available on their stations’ Internet website, if they had one. Those rules were never put into effect because of legal challenges. The FNPRM seeks comment on proposals that would reduce burdens on the broadcast industry. The Further Notice proposes to streamline the information broadcasters will need to provide by requiring the FCC to import information already filed with the FCC, and exempts certain items from being posted online such as letters and emails from the public. It further seeks comment on posting sponsorship identification information, now disclosed only on-air, and shared services agreements online as part of the public inspection file hosted by the FCC.

The FCC’s action is consistent with the government-wide effort to increase transparency, and the FCC’s broader efforts to modernize data and move its processes from paper to digital. The FCC seeks comment on any other revisions or additions to its rules that would make the information about broadcast service more accessible to the public, improving the dialogue between broadcast stations and the communities they serve while reducing compliance burdens on broadcasters.

FCC Chairman Julius Genachowski says the agency will act on the enhanced disclosure NOI in the “very near future.” Later, at a press briefing, the chairman reiterated that both items are on "a fast track" and will be acted upon "in the spring." FCC Commissioner Michael Copps expressed his disappointment that the agency was “starting over.” He said he would have preferred that the FCC would have “looked for ways to revise our early work and expedite its completion.” FCC Commissioner Robert McDowell said he was “glad” the FCC was vacating its 2007 rules. While he approved the FNPRM, he said he is concerned that it might result in additional regulatory burdens on broadcasters. FCC Commissioner Mignon Clyburn noted that she was assured by FCC Chairman Genachowski that both the FNPRM and the NOI will move expeditiously.


FCC Launches Proceeding Aimed at Modernizing Broadcasters’ Public Inspection Files FCC Introduces Online Public File Rules (TVNewsCheck) FCC Proposes Moving TV Station Public Inspection Files Online (B&C)