By Ken and Kelly Orchard

The month of March had us on the road once again in the RV. Our recent affiliation with California Broadcasters Association has given us a great opportunity to work with television stations as well as radio stations.

During one of our recent "Alternative Inspection" visits it became evident that many stations are not aware of "The Public and Broadcasting" manual published by the FCC that came out in June 1999. This manual, produced for the benefit of the general public, provides a brief overview of the FCC’s rules and regulations for broadcast radio and television stations.

The Public and Broadcasting Manual also explains how broadcast stations are licensed and their obligation to serve the local communities in their City of License.

This manual also describes in some detail the Public Inspection File, which contains documents relevant to the station’s operation. "The manual’s purpose is to provide information to help you [the public] encourage stations to provide high quality broadcasting service". The "Public and Broadcasting" manual was developed for the benefit of the general public.

The FCC asks the public to be involved by contacting their local station about concerns regarding the programming or other matters related to the stations. The FCC also wants the public to inform them about the stations.

Station Managers should be informed about "The Public and Broadcasting Manual" as it is a required document for your public files. You can access this document from the FCC’s website at www.fcc.gov. In the inquiry section type in "Public and Broadcasting Manual." It’s about 20 pages, so it will take time. If you need to call the FCC, dial 1-888-CALL FCC.

The "Public and Broadcasting Manual" gives the public information about programming concerns and how to address them. It explains that, "Broadcasters, not the FCC or any other government agency, are responsible for selecting all the material they air.

The Communications Act prohibits the FCC from censoring broadcast matter and, therefore, the FCC’s role is overseeing the content of programming is very limited. They are authorized to fine a station or revoke its license if it has aired obscene language, broadcast indecent language when children are likely to be in the audience, broadcast some types of lottery information, or solicited money under false pretenses.

This is where the public can get involved with their concerns over programming. For example: you are driving your kids to school, and the "Morning Zoo" airs something that you feel is inappropriate material for its format which caters to younger listeners. Write to the FCC. Write to the station about this matter. Describe the situation that you heard on the air. Remember the FCC does have the right to fine that station or even revoke their license.

The purpose of the FCC’s "Public and Broadcasting Manual" is to give the public a list of what should be in the Public File and instructions for how to register a complaint.

It also can assist managers and owners, as you can report to the FCC interference problems as well as complaints about a competing station that isn’t following the rules.

The FCC encourages you to write directly to the station as well as FCC. One should include the following information in a complaint:

Please include your name and address if you would like information on the final disposition of your complaint, however you may request that you receive confidentiality. The FCC prefers that you submit complaints in writing, although you may submit complaints that are time-sensitive by telephone, especially if they involve safety. This could be about the transmitter site for example, perhaps you have noticed that lights on the tower have been out for weeks, the fence around the tower is blown over and kids could climb the tower.

Now this is really interesting. The FCC states that in addition to filing a complaint, the public can file a petition to deny an application that a station has filed, such as a license renewal application.

The FCC rules require all TV and radio stations and applicants for new stations to maintain a file available for public inspection containing document relevant to the station’s operation. The station must make its public inspection file available to all during regular business hours.

The FCC is obligated to give the "public" information about the licensing of broadcast stations. Broadcasters are obligated to serve the public. The public has the power and authority to file complaints on stations they believe are not serving the interest of their community. Station managers and owners have an obligation to educate themselves about their requirements to hold their license.

Orchard Media Services is dedicated to being FCC Compliance Specialists. We’re here to help broadcasters not only maintain compliance with the FCC, but also to keep accurate records and public files in order to protect your license.

Our next article will be a report on what we learn at the National Association of Broadcasters convention in Las Vegas. Yes, we are planning our annual visit to the convention. And, unlike most broadcasters, we will not spend all our time checking out the latest technology or trends, (although we do enjoy it) we will focus mostly on any and all areas of FCC issues, so we can better serve you.

If you are planning to attend, we would recommend that you be sure to go by the NAB store and find anything you can on Public Files and FCC Compliance. Also, look in to books about engineering and of course pick up all the free handouts.

And if you have any questions, comments or concerns, feel free to email us at PIFILE@aol.com. We appreciate all the emails we receive.