New Rules in Effect for Public Notice of Broadcast Applications
The FCC's Media Bureau announced that new rules governing broadcasters' provision of public notice of the filing of applications went into effect on Friday, October 30. The rules, which were adopted in May, modernized and streamlined the FCC's on-air and written notice requirements and replaced the obligation to place public notices of applications in newspapers with an online notice requirement. More information on rule changes can be found in the FCC's May Order or in Section 73.3580 of the Commission's rules, 47 C.F.R. §73.3580.
In its announcement, the Bureau clarified what version of the rules applies to recently filed applications, which will be different depending upon the date an application was accepted for filing (regardless of the date filed). For applications accepted for filing on or before October 29, 2020, broadcasters must use the version of the rules that was in effect on that date. For applications accepted for filing on October 30 or later, the new rules will apply. For example:
- A broadcaster whose application was accepted for filing on October 29 or earlier, who was required to give notice by newspaper publication, must complete that notice by newspaper publication.
- A broadcaster whose application was accepted for filing on October 30, 2020, or thereafter, must give public notice under the amended version of section 73.3580 that became effective on October 30, 2020, including the revised on-air announcement texts and schedules and new online notice provisions.
The Bureau also clarified what rules apply to recently filed renewal applications, stating that licensees who filed their renewal applications on October 1, 2020 should be in the process of making post-filing announcements associated with those applications. These announcements must be made using the previous version of the FCC's notice rules, not the new rules that took effect October 30. Broadcasters filing renewal applications on December 1 will provide public notice according to the new rules.
Finally, the Bureau reminded broadcasters that the new rules require all stations to include a conspicuous link or tab labeled "FCC Applications" on the station's website or an applicant-affiliated website (to the extent that such a website exists). The Bureau stated that broadcasters should "act expeditiously" to include the required link or tab (and the landing page to which it is linked) in a timely manner, but no later than the date a broadcaster files an application requiring it to provide online notice as defined in the rules. 47 C.F.R. § 73.3580(b)(2).
For questions about the new broadcast application public notice requirements, please contact your station's counsel or the NAB Legal and Regulatory Affairs team at (866) 682-0276.