FCC Upcom ing Deadlines
Sciarrino & Shubert, PLLC
Dawn M. Sciarrino
4601 N. Fairfax Dr. Suite 1200 
Arlington, VA 22203
Phone: 202-256-9551
In 2017, the FCC adopted a number of changes to its rules, with effective dates and deadlines set for early 2018.
Online Public File - March 1st Deadline
Among the most significant changes for radio broadcasters is the transition of the local public inspection file to an online system accessed via the FCC's website. TV broadcasters moved to online public files in 2014, and radio is now in the midst of a similar transition. Radio stations with more than 5 full time employees in the top 50 markets were required implement their online public files by December 24, 2017. The deadline for all other radio broadcasters to complete the transition is March 1, 2018.

Stations may log onto the online public file at https://publicfiles.fcc.gov/admin/ using their facility ID and an FCC-assigned passcode. To obtain the passcode for a station, the licensee should login to an "Owner Dashboard" from https://publicfiles.fcc.gov/admin/owner-login/, using its FRN and its associated password. The FCC has indicated that documents should be uploaded in their "native format" wherever possible; consequently, if the document in question is prepared in Word or Excel, licensees should upload the document in its existing form
unless it is technically unable to do so. If all of your stations are not populating or if you have other problems with the system, please call us.

Please also note that, at the top of the screen in the system, you will see a statement as to whether your station's profile is "Off" or "On" for public viewing. If that statement indicates that public view is "Off" (which is the default), you will need to click on the word "Off" to change it to enable the public to view your file.
As of March 1st, all existing documents that are required to be kept in the local public inspection file must be uploaded to the online system, with one exception. Political documents that pre-date the effective date of the rule are exempt from the requirement that they be uploaded. Licensees may upload those pre-existing political documents if they like; otherwise, they are be retained for their two year retention period in a paper file. New political documents,
however, must be uploaded "immediately."

The FCC will automatically upload most documents filed with it electronically or generated by it (e.g. ownership reports, assignment or transfer applications, construction permit applications, licenses, etc.). However, licensees must upload documents that not filed at the FCC and which must be maintained in the public file (e.g., Quarterly Issues Programs Lists, Annual EEO Public Inspection File Reports, copies of Time Brokerage or Joint Sales Agreements, a list
of any "citizens agreements", compliance certifications for local public notice of applications, and information regarding FCC investigations). Similarly, items that are required to be placed in
the public file but are filed manually (e.g., AM license applications on Form 302-AM) must be uploaded by the licensee. Stations that have a website must include a link to the first page of the station's online public file on the website home page.

Early last year, the FCC eliminated the requirement that stations maintain copies of correspondence from the public in their public files. Therefore, licensees need not retain a paper public file for that correspondence; if a licensee chooses to move its pre-existing political file to the online system, there will no longer be any need to maintain a physical file at all.

Ownership Reports - March 2nd Deadline
Biennial Ownership Reports are due to be filed on or before March 2, 2018. The FCC postponed the deadline from December 1, 2017, opening the LMS system for the filing of the Reports on that date. The FCC form 323 and 323-E can be accessed at
https://enterpriseefiling.fcc.gov/dataentry/login.html. While the Ownership Reports are available for completion in LMS, the system has not previously been used for radio filings, and it is
possible that some information that should prefill (for example, licenses associated with an FRN) may not do so accurately. Licensees are advised to login in well in advance of the March 2nd
deadline. Both commercial and non-commercial licensees must file their Ownership Reports during the current window. Noncommercial broadcasters previously filed on the anniversary date of their license renewal filing, a system that was put on hold last year in anticipation of this year's filing deadline.

Despite the extension, filers must still provide data on the ownership of their stations as of October 1, 2017. The FCC has indicated that owners who sell their station between October 1st and the new deadline will need to file their own biennial reports, even if they no
longer own any stations.

EEO - Annual EEO Public File Report
In April 2017, the FCC issued a declaratory ruling that a broadcaster can rely solely on online sources in its recruiting "where doing so meets the 'widely disseminate' requirement of
the rules." Broadcasters are free to select the number and type of recruitment sources that they use, and may even choose rely on a single online job posting, as long as doing so meets the
requirement for "wide dissemination." FCC does not require all online job postings to be accompanied by on-air information about the vacancy.

FCC encourages broadcasters to consider three factors in deciding whether their online recruiting meets the standard: 
(1) whether the online job posting is easy to find;
(2) job openings should be posted online for an adequate period of time with auditable interview records maintained; and 
(3) broadcasters should "continue to cultivate job referral relationships with resources that are likely to include diverse candidates."

Licensees should note that no EEO requirement was changed by the declaratory ruling. For example, even though broadcasters no longer need to reach out to community groups to meet the requirement of wide dissemination of job openings, a separate "prong" of the FCC's EEO policy requires that broadcasters notify community groups that have specifically asks to be notified of job openings. All of the EEO rule's non-vacancy specific outreach requirements remain in effect; consequently, all licensees must still engage in two or four (depending on the size of the station's market and number of employees) of the outreach activities detailed in the rule for every two-year period of the license term.

In particular, stations must still maintain all of the same documentation regarding their recruitment for job openings, as well as non-vacancy specific outreach, and must still place a report of their EEO efforts in the public file annually, on the anniversary of the filing of their renewal applications. The annual EEO Public File Report, due on the filing of your license renewal application, must both be placed in the local public file, uploaded to the online public
file and posted on the station's website, if it has one. The station may comply with its obligation to post the EEO Public File Report to its website by posting a link to the Report in the online public file, if the link connects directly to the actual report - it is not sufficient that the link connect to the home page of the public file. The EEO Public File Report must include information for the station's employment unit (i.e., commonly owned stations in the same market
that share at least one employee) for the preceding year, including a list of all full-time vacancies filled, by job title; information regarding the recruitment source(s) used to fill each such vacancy,
including identifying any organizations that requested notice of vacancies; identification of the recruitment source that referred the successful candidate for each of the listed vacancies; the total number of interviewees for full time vacancies in the past year, and the total number referred by each recruitment source; and a description of the employment unit's non-vacancy specific outreach initiatives. Supporting documentation for each of the vacancies need not be placed in the public file, but must be maintained until the station's next renewal application is granted, and available if requested by the FCC.

The chance of the FCC requesting that information is not negligible - the agency continues to conduct random audits of EEO compliance. As recently as mid-December 2017, it issued a Notice of Apparent Liability in the amount of $20,000 to a licensee whose audit response revealed a number of EEO violations, including failure to recruit for all full-time vacancies, failing to provide notice of vacancies to an organization who had requested notice, and failing to maintain sufficient records of number or sources of interviewees for various vacancies - a failure which, the FCC observed, prevented the licensee from preparing accurate annual reports, placing all of the required information in the stations' public files, and effectively analyzing the its recruitment practices, all independent violations of the EEO rule. Licensees must remain mindful that the relaxation of the EEO rules with regard to the use of online job postings has not relaxed any of their other EEO obligations.

Issues/Programs Lists - Quarterly
Licensees must place their issues/programs lists for the fourth quarter of 2017 in their public files on or before January 10, 2018. As these lists are not filed with the FCC, the license must upload the list to its online public file. Issues/program lists for the first quarter of 2018 must be uploaded to the public file by April 10, 2018; second quarter lists must be uploaded by July 10, 2018; and third quarter lists must be uploaded by October 10, 2018. Under the electronic public file regime, the system will identify the date and time that documents are uploaded; therefore, it is critical that these items be timely uploaded to the public file.

Elimination of the Main Studio Rule - Effective January 8th
At its October 2017 meeting, the FCC adopted an order eliminating the requirement that a broadcast station maintain a main studio in close proximity to its city of license that is open to the public and staffed during normal business hours. The abolition of the main studio rule becomes effective on Monday, January 8, 2018.

As of next Monday, the main studio rule, including the requirements of local programming capability and minimum studio staffing requirements, are eliminated. Licensees are be required to maintain a local or toll-free number accessible to residents of the station's city of license, which must be answered during normal business hours of the station.

Stations that have fully transitioned to the online public file (including by uploading existing political file materials) will no longer be required to keep any physical documents in their communities of license. However, stations that have not yet completed that transition, or that chose to maintain their pre-existing political file records in paper form, must maintain a paper file in their city of license until all of the documents required to be in the file are transitioned to the online public file. The file must be maintained at a location in the community of license that is open during normal business hours (e.g. a public library or an office of a local business).

FM Translators - Last Call for AM Licensees
Those AM licensees who have not filed for an FM translator in any of the filing windows opened in 2016 and 2017 will have one last opportunity to apply for a translator at the end of January. The new window will be open from January 25, 2018 to January 31, 2018 for participation in the cross-service Auction 100. Modification applications to existing translator licenses and construction permits will be frozen prior to and during the window; the filing freeze will be in place from January 18, 2018 through January 31, 2018.

Radio Renewals
Finally, radio station licensees should be advised that the renewal cycle starts next year. Licensees in DC, Maryland, Virginia and West Virginia must file their renewal applications by June 1, 2019. Licensees are reminded that the renewal application requires a number of certifications, including that all documentation required to be placed in the station's public file has been so placed, at the appropriate time. Although documents filed electronically with the FCC, such as applications and Biennial Ownership Reports, will be automatically uploaded to a station's online public file by the FCC, licensees must take care to ensure the timely uploading of all other materials required by the public file. Under the online system, the FCC and any possible protesters will know the date that information is placed into the public file, and any delay in uploading required materials will likely be subject to scrutiny.

The foregoing are some of the more important deadlines facing licensees in the new year and beyond. If you have questions regarding these or any other FCC requirements, please do not hesitate to contact us. 
Sciarrino & Shubert, PLLC
Dawn M. Sciarrino
4601 N. Fairfax Dr. Suite 1200 
Arlington, VA 22203
Phone: 202-256-9551
To all RADIO INTERNS in the State of Kentucky 
Open to interns, students, recent graduates,  and any part timers that have yet to get a full-time position in radio. Get your application today.

Deadline: Friday March 9, 2018 
The KBA WKU Radio Talent Institute is a talent incubator at Western Kentucky University and is one of the inaugural institute members of the National Radio Talent System.

The Institute brings in broadcast professionals from around the state and country to be the Guest Professional Faculty and to teach all the sessions during this intensive 10-day summer program.

Participating professionals praise the KBA WKU Radio Talent Institute and embrace the Institute as a "go to" place to find bright, talented young broadcasters entering the industry.

The National Radio Talent System and the Radio Talent Institute is the campus-to-career connection most students need to begin their broadcast career, and the connection for broadcasters to discover and hire entry level talent today that can be the leaders in the broadcast industry tomorrow.

College students from universities throughout the state and region apply to be accepted into the KBA WKU Radio Talent Institute. Once they complete the Institute they become part of, and are highlighted to the industry in the Radio Talent Farm System. 
This is your opportunity to participate in this wonderful program and network with leaders in the broadcasting industry. Apply to take part in an amazing and exciting opportunity to learn from over 30 Broadcasting Professionals during the 10-day intensive Kentucky Broadcasters Association at
Western Kentucky University Radio Talent Institute July 23- August 1, 2018.

To apply  click here or contact Jennifer Grimes, Talent Liaison  at
jennifergrimes@nationalradiotalentsystem.com or Cierra Jade, Director of Operations at  ciarajade@nationalradiotalentsystem.com .  
Kentucky Sport, Boat & Recreation Show 2018

Presented by: UK Federal Credit Union  Lexington, KY -

Shake off the cabin fever and enjoy 100,000 square feet of exhibitors that include boats, RV's, other great outdoor products and gear, exclusive deals, and entertainment that includes fishing, live music, cooking demonstrations, Inflatable City for your kids and much more! 

Thursday 2-9 pm;  Friday 2-10 pm; Saturday 9 am - 9 pm; Sunday 10 am - 5 pm.

February 8, 2018 - February 11, 2018
Website: LexingtonBoatShow.com
Location: Rupp Arena & Heritage Hall
Phone: (859) 566-1206

Price: Single day pass: $12 (single day pass), Ages 3-13: $5, free admission: Ages 2 & under

Daily: Fishing Seminars, Inflatable City, Cooking demonstration by Hannah McCauley, Music, Decisive Action demonstration

Friday: Joe Thomas fishing seminar, Live Music by Walker Montgomery

Saturday: Fishing seminar's by Terry Bolton & Alex Davis, live music by Lauren Mink, WKYT Weather Watcher Class hosted by Chief Meteorologist Chris Bailey

 -  Sunday: Fishing seminar's by Terry Bolton & Alex Davis, WKYT Weather Watcher Class hosted by Meteorologist Jim Caldwell

Contact: Jeff Anderson Kentucky Sport, Boat & Recreation Show boatrv@wkyt.com 859-566-1206.
The Kentucky High School Athletic Association, along with the Kentucky Association of Basketball Coaches and the Kentucky High School Basketball Hall of Fame, are celebrating 100 years of the sport near and dear to the state of Kentucky; Basketball.
The 2017-2018 basketball season marks the beginning of this "Centennial Celebration", but planning began in 2015.
On October 17, KHSAA held a press conference to reveal the remainder of their plans for the 2017-2018 season to be "A Season to Remember".
The Centennial celebration actually began at the 2017 Boys Sweet 16 at Rupp Arena where it tipped-off. 
The logo used for the Centennial Celebration above was a contest for students to design and a Calloway County High School senior won.
For further information, visit  khsbk100.com, where a full video of the press conference is available as well as 12 PSA's promoting the Centennial of High School Basketball.  
Annual Conference 2017 Photos and Recorded Sessions 

Please click here  or visit our webpage to view photos, videos of the educational sessions and a taped recording of the awards banquet from the 2017 Annual Conference held last October.  

Your password to view the taped sessions is "kba2017".  
KBA Offers Reimbursement as a Member Benefit

The Kentucky Broadcasters Association will reimburse broadcast stations licensed to a community in the Commonwealth of Kentucky and KBA members for NAB Show, Small Market Television Exchange, Country Radio Seminar and NAB/RAB Radio Show up to the annually approved amounts. Reimbursement amounts are approved by the Board of Directors at the Fall Board Meeting for the following year.

Approved Reimbursements for 2018:
* Country Radio Seminar - Registration Fee Only-$499
* NAB Show, Las Vegas - Up to $1,000 per attendee
* RAB/NAB Radio Show,  Up to $1000 per attendee
* Small Market Television Exchange - Up to $1,000 per attendee

Reimbursement Requirements:
1. Reimbursement is to be submitted after the conference.
2. All reimbursements must be received within 60 days of the last day of the conference.
3. Each reimbursement must include the reimbursement form and applicable receipts (up to the approved amount.)
Reimbursable expenses include:
  • Registration Fees
  • Transportation
  • Lodging
  • Meals
4.  Each reimbursement must include a copy of the attendee's name badge from the conference.

To complete your online reimbursement form, Click here.     

The KBA has produced a 2017 membership directory.  Directories are available online and a hard copy will be available soon. To access the online directory, visit www.kba.org and click on the Member Directory tab. The password is kba@directory17. If you do not see yourself or your company, listed please contact Liza by emailing kba@kba.org

The Kentucky Broadcasters Association presents...
Radio Advertising Bureau's Seller Webinar

What Keeps Car Dealers Awake At Night?

One-Hour, Live SELLER Webinar

(11:00 am Eastern/10:00 am Central/9:00 am Mountain/8:00 am Pacific)
(4:00 pm Eastern/3:00 pm Central/2:00 pm Mountain/1:00 pm Pacific)

Presenter:  Jeff Schmidt, RAB's SVP of Professional Development

Wouldn't it be great to know what your local car dealer is really thinking? What keeps them up at night, what they are hoping to accomplish and what's stopping them?  We found a dealer willing to spill it all on the condition of anonymity.

* What it really takes to run a dealership
* How you can partner with a purpose
* Why advertising reps usually get ignored
* How not to be ignored 


Joinhttp://rab.adobeconnect.com/awake/ and Enter as a GUEST using your FIRST AND LAST NAME.

Audio:  over computer or 800-244-2500, PIN 550122#
NOTE:  AdobeConnect recommends using Internet Explorer.  If you do not have Internet Explorer, Safari is the next best.

SUPPORT                                                                                                     Contact Adobe Support at: 800-422-3623. International support numbers are available at http://www.adobe.com/support/connect/connecthostedsupport.html

To contact RAB, call 800-232-3131 or email member_response@rab.com.

The KBA likes to be in the know! If you have a kudos, a community service project that your station or community is involved in, please email Karen Mucci at karen@kba.org. We would like to hear from you!

Upcoming Webinar!
February 13, Noon ET 
Selling Local Automotive Advertising Going Forward

We all need to be better than ever. Why? Your local dealers are experiencing huge challenges after several consecutive record setting years. Dealers need answers now and they need you to be a solution driven partner. How can you approach your current dealers and prospects going forward to position your station as a partner and not just "another media expense". You want to join this webinar and hear how John Tkac shows the way to you becoming the auto ad consulting star in your market. This is a "can't miss" webinar for any general manager, local sales manager, broadcast seller and digital sales pro. Sign up today

Presented by John Tkac, LBS Auto Expert

Click here to log in to LBS and register for this webinar!

FREE LBS Training!  

Are you using this FREE member benefit? KBA offers access to the LBS Weekly Sales Videos free to all members! Your station's whole sales team can have their own personal LBS accounts at no additional cost! If you need login information, simply contact the KBA and we will be glad to help you get started. Don't miss out on these wonderful trainings!

This week's 3 videos are:  Prospecting, Competition, Purchase Plans

  Self Branding:   Mark Levy continues discussing the imp ortance of reminding your customers about the expertise that you offer them and branding yourself as the go-to media guru in your market!

Why Dealer Can Be Stubborn:  John Tkac explains how it is that a little girl selling Girl Scout cookies can easily get in front of an auto dealer and why it is often so difficult for you to get an appointment. Here's a hint: it has nothing to do with your age, gender, looks, or lack of sugary treats!


Non-Profits:  Bob Brown, President and CEO of Opportun it y Village (in Las
Vegas, NV), begins to discuss how he
decides to spend his advertising dollars.

  Happy Selling!
Has your station scheduled an ABIP Inspection this year?
This is now a FREE Member Benefit.
Call the KBA office (888) 843-5221 or click here for details.
This service could save you thousands of dollars in FCC fines

In This Issue
Quick Links
Email Henry
Mark Your Calendar for These 2018 Events!


Next KBA Board Meeting 
April 19, 2018 @ 9:30am, KBA Headquarters

July 19, 2018 @ 9:30am, KBA Headquarters

October 8, 2018 @9:30am, KBA Conference, Bowling Green, KY

Country Radio Show, Nashville,
February  5-7, 2018

Deadline for Online Public Files
March 1

State Leadership Conference
February 27-28, 2018

NAB Show, Las Vegas, NV
April 7-12, 2018

KBA Conference
October 8-9, 2018
Bowling Green, KY

eCast Distribution
Did you know you can add all team
members at your station to the eCast distribution list?
Simply send a list of all email
addresses that need to add to kba@kba.org.
EAS Schedule
The next required monthly test will be Wednesday, February 14th at 12:07am and will originate from EOC.
Wedding Planning with Pem
This eCast is sponsored by
"Wedding Planning with Pem," a
sweet fit for your advertisers.

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Kentucky Broadcasters Association | | www.kba.org | 101 Enterprise Drive
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