The Federal Communications Commission (FCC) released an Order on Reconsideration and Further Notice of Proposed Rulemaking (online public file notice) in late October that could require television broadcasters to put most of their existing public file online in a database hosted by the FCC. This new proposal vacates the FCC’s controversial 2007 decision that would have required broadcasters to fill out “Enhanced Disclosure” forms and put that form, along with other public file information, online and host it either on their own website or on the website of their state broadcast association. The FCC also issued a Notice of Inquiry (Disclosure NOI) on November 14 seeking comment on a possible new standardized disclosure form that would replace a station’s current issues/program list.

In the online public file notice, the Commission proposes new rules that would require TV broadcasters to eliminate most, if not all, of their current paper public file, hosted typically at a station’s main studio, and upload it instead onto a new, as yet undeveloped, FCC-hosted database. Members of the public would be able to access that public file information through the Internet. Under the FCC’s new proposal, TV stations would be required to scan and upload most of the current documents in their public file as well as upload any new documents that would have gone into the paper public file. Unlike the Commission’s previous proposal, this new online requirement would also require stations to upload, and constantly update as necessary, their political file. The online public file notice also includes new public file requirements, including possible requirements for stations to maintain a list of sponsors and include shared services agreements (SSAs).

Initial comments in response to the FCC’s Online Public File Notice are due December 22. You can read the online public file notice here.

In the Disclosure NOI, the Commission has revived their effort to enhance the current requirement that stations maintain a current issues/program list in their public file. In the NOI, the Commission suggests that a new standardized form requiring stations to report on their programming in select categories, including local news, local public affairs and local electoral affairs, each quarter. The NOI seeks comment on whether stations should be required to report based on a “composite week” of programming each quarter – e.g., Monday from the first week, Tuesday from the second, and so on. The NOI also asks if broadcasters should be required to report on programming in other categories, including national news, public service announcements, religious programming and emergency alerts.

Initial comments in response to the Disclosure NOI will be due 30 days after it is published in the Federal Register, which has not happened at press time. You can read the Disclosure NOI here.