Earlier this year, the Federal Communications Commission (FCC) revised its ownership report form, FCC Form 323, and the revisions were approved by Office of Management and Budget. Biennial ownership reports on the newly revised form must by filed for all commercial broadcast licensees (including LPTV licensees) by Monday, January 11, 2010.

As in the past, these ownership report forms are required to be filed electronically using the FCC’s Consolidated Database System (CDBS). Reports may be filed at any time between the date the form goes “live” in CDBS and the deadline. On December 9, the electronic version of FCC Form 323 became available in CDBS.

Among other changes to Form 323, the FCC now requires filers to provide an FCC Registration Number (FRNs) for all attributable individuals and entities within a broadcast licensee’s ownership chain. Broadcasters have raised a number of questions and concerns about the new FRN obligation, some of which remain pending before the FCC. The FCC recently announced that filers who have made their best efforts to obtain FRNs, but are still unable to do so, will be able to obtain a “special use” FRN in order to complete their forms. The FCC states that these special use FRNs are only for biennial filings and are only for use on an interim basis. Filers using a “special use” FRN are expected to update their ownership reports with FRNs obtained using either a Social Security Number or an Employer Identification Number in the future.

The FCC has developed an informational Web site concerning Form 323. The Web site includes a series of frequently asked questions (FAQs) and answers about the Form. Additional information about obtaining a “special use” FRN appears on the FCC Form 323 FAQ page under “Specific Questions” at Question 4. The FCC has stated that it will continue updating the FAQ page based on questions sent to the FCC’s Form 323 email address: Form323@fcc.gov.

NAB is aware that many broadcasters were anxiously awaiting access to Form 323 in CDBS to begin preparing their filings. In an effort to meet the filing deadline, some even have filed ownership reports using the old version of the form. In a recent public notice, the FCC observed that broadcasters that filed reports using the old version of FCC Form 323 are not in compliance with the biennial filing requirement. All parties required to file reports must do so using the new FCC Form 323 on or before January 11, or they risk enforcement action.

Broadcasters may obtain more information about the revised Form 323 from the FCC by sending an email to Form323@fcc.gov. You may also contact the NAB Legal Department for general questions on FCC Form 323 at 866-682-0276. For station-specific matters, we urge you to contact your station counsel.