Last week, the FCC released the text of its November 27, 2007 "Report and Order" requiring television broadcasters to file a standardized programming form on a quarterly basis, place it and their public inspection file (but not their political file) on their Web sites and notify their audiences twice daily about the location of the station's public file.

The specifics of this "Report and Order" are:

Public File on the Internet

• Stations with Web sites must post their public inspection files on their Web sites within 60 days after Federal Register publication of OMB approval (not yet determined). Later-created Web sites must comply within 30 days after being made available to the public. Alternatively, these stations may place their public files on their state broadcaster association’s (SBA) Web site, with permission of the SBA, and provide a link from their own Web site.
• Political files are not required to be posted, nor are letters from the public (but emails from the public must be posted). Linking directly to material available on the Commission's (or other) Web site in lieu of posting is permitted. Stations must retain letters and hard-copies of emails from the public in their main studio public files.
• Stations must give notice on air, twice daily (one of which must be between 6 p.m. and midnight) during regular station identification announcements, stating that the station's public file is available for inspection at the station's main studio and on its Web site.
• In designing the public inspection file portion of their Web sites, television licensees must make these areas accessible to the disabled through a minimal level of compliance with specific Web Content Accessibility guidelines.
• The Commission will entertain specific, documented waiver requests for relief for any broadcaster that finds the requirement beyond its means.

Standardized Form

• The Commission adopted a standardized programming report form to replace the current quarterly issues/programs list.
• The decision asserts that it does not adopt quantitative programming requirements or guidelines, and does not require airing any particular category of programming or mix of programming types.
• Broadcasters are required to present a comprehensive list of programming in numerous categories including: national news, local news, local civic affairs, local electoral affairs, public service announcements, paid public service announcements, underserved communities programming, religious programming and independently produced programming (not owned or controlled by a national television network).
• The form also asks for information on closed captioning (including what programs were not captioned due to an exemption and the basis for that exemption), voluntary video description efforts, efforts to make emergency information available and on access of this information provided to the disabled.
• With regard to identification of community issues, the form asks whether the licensee has undertaken efforts to assess the programming needs of its community and whether the licensee has designed its programming to address those needs and provide space to describe efforts taken. The form does not mandate the nature, frequency or methodology to be used by licensees.
• The standardized form must be updated on a quarterly basis and must be retained by licensees until their next renewal has become final.
• The form must be filed electronically with the Commission on a quarterly basis on the 30th day of the succeeding calendar quarter (April 30; July 30; October 30 and January 30).