By Ken and Kelly Orchard
We’d like to begin this months article by telling a joke.
Question: "How many radio station managers does it take to change a light bulb?"
Answer: "None. The light bulb isn’t in the budget so the staff will have to work in the dark."
Unfortunately, more times than not, this is no joke.
Once again, we took the motorhome out for a trip across the country, and picked up some work along the way. We have a client who just purchased a couple stations in Washington. The seller assured them that all was in order, including their Public File. This client wanted us to assess the matter, and since we were going on the road, we made it part of the travel plans. Needless to say, we picked up more Public File work from those stations in Washington. In order to protect themselves, the buyer has elected to address several organizational issues and determine whether the proper documentation is in the Public File before they officially take over.
We continued our journey up in to Idaho and Canada. On the way home, we stopped in to see a client in Utah. We had updated and organized his Public File a number of years before, so this was a service call. This particular client experienced an FCC Inspection just weeks after we had completed their files a few years back. He had made a wise decision to pay attention to this order of business, and saved himself a lot of grief and money.
As we continue our work in FCC Compliance, we continue to hear the war stories from all over the country. Thank you for the comments about last months article that encouraged broadcasters to get more involved with your state associations and let your voices be heard. Truthfully, it appears that most broadcasters have the same issues and concerns as consolidation and large corporate ownership changes the architecture of radio and the "Good Old Days".
We are usually concerned about getting on our "soap box" when writing these articles. However, when one keeps hearing the same concerns about the shape of the broadcasting industry and finding that broadcasters are dealing with the same situations, its difficult not to encourage you to align yourselves with others in similar circumstances. We must exclaim to our fellow broadcaster, veterans and novices alike, rather than wish for the "good old days", create a "New Dawn" for radio.
When television was heating up, the dooms-sayers feared that with TV, radio was history. But we all know that television didn’t actually kill radio. Now, there is concern about Internet Radio becoming so popular with the millennium generation, that this younger generation of consumers won’t care about radio over the air, and will embrace the internet or satellite radio. It doesn’t have to mean that radio will go away, and never be the same. Well, like television, Internet won’t end radio, but it will force radio to change its structure. The only way to make that happen is by joining forces to address these ongoing concerns. But how do you do that if you can’t even get your stations into FCC Compliance?
The Los Angeles Times printed a special Washington Contribution (by author Steve Carney) about radio stations in the Southland that were recently issued "Notice of Violations" and Notice of Liability" on several Indecency law violations. Without blatantly quoting the article, there are some conclusions that we all must come to if we look at the "big picture" of what is happening to the broadcast industry.
Increased media has given attention to FCC regulations. Public Awareness of radio indecency laws are increasing, and they public is being educated as to how and to whom to file complaints against stations
Stations are forced to deal with these issues and pay even closer attention to regulations as the General Public and Business Community become increasingly aware of the laws, and in many instances, are angry at stations so unashamedly violating regulations that give them the right to broadcast.
The FCC has cited seven radio stations for indecency violations alone in 2001. That is up from five last year and there are several more months left of this year. The listening audience is speaking up and broadcasters need to be aware of the laws and regulations.
With increased awareness by the General Public on Indecency Laws, its just a short matter of time before they learn about other regulations and start petitioning the FCC for the licenses of stations they believe are doing a poor job. It has been known to happen. With an article in the LA Times, as a contribution from Washington, doesn’t it seem realistic that these stories of station fines and violations are being read by millions across the country, not just industry insiders. Procrastination in taking care of your FCC Compliance could be a very costly gamble.
Since Solomon has taken over the FCC’s Enforcement Bureau, there have been over 1500 ‘Notice of Violations" issued. On average, its up to approximately 100 per month. For various violations from indecency, to fencing around towers at transmitter sites, no public file and other engineering concerns. In fact, the FCC’s Enforcement Bureau Field Operations list of actions taken just last month reached more than 60 actions.
These actions were a Notice of Liability for technical violations. The fine was $8000. There were also Notices of Violations served for "Failure to Respond to Notice of Violation" , Unauthorized Operation, EAS Violations by simply not having the EAS Operating Handbook available, Posting of Station License, Antenna Sturcture Lights, No Public File, no letter appointing Chief Operator, tower registration, main studio violations, and the list goes on. If you want to see what the FCC Enforcement Bureau is doing, you can simply log on to their website at www.FCC.gov, or email PIFILE@aol.com and we will send you a link to the exact page. Search the site for "Actions", and you’ll get the list. You will also learn that these actions and inspections are happening all over the country. From San Diego, California, to Buffalo New York. The FCC does not discriminate!
It’s important to reiterate certain facts that we have learned about today’s FCC by attending sessions at NAB and CBA conventions. The FCC doesn’t have the manpower to inspect every single radio station in the country. However, they do respond to every complaint they receive at their offices. So, you do the math. If newspapers around the country are printing articles educating the public about indecency and other issues radio faces in FCC regulation, and the FCC is responding to complaints made by the public, then any broadcaster in any part of the country can be subject to scrutiny in their city of license.
The problem is that radio stations appear to let their guard down on FCC Compliance when budgets get cut. That’s why the joke earlier doesn’t seem so funny. It’s reality. When the stations budget gets cut, all areas of operation suffer. If no one on staff is dealing with the Public File and the general compliance of the radio station, chances are, you’ll get caught in the very near future.
There isn’t one station out there that hasn’t experienced a disgruntled employee, client or community group at one point or another. It’s crucial now, more than ever to create a new attitude within the radio industry. We need to educate new broadcasters and actually take some initiative in maintaining and achieving compliance. The industry isn’t all about the glitz and glamour of promotions, music, sports, concerts and advertising dollars. Its much more complicated than that. People entering the industry need to be made aware of this at the onset of their broadcasting career.
In conclusion, the FCC’s Enforcement Bureau is still active and serving notices of violations all over the country. If you are still saying, "everything has been de-regulated, so who cares?", you are in trouble. If you are still believing that it’ll "never happen to me", you are in trouble. If you even suspect that you are violating some FCC regulation, you could be taking a big chance on increased business stress in the very new future.
Complying with FCC Regulations isn’t a "wish list" for the FCC. It’s the law. Its what gives you that license. Its compulsory. You must do it.
Avoid FCC Fines. Orchard Media Services will come to your station. We will check out your Public Inspection Files, Political Files, EEO Compliance, Station Logs, EAS Compliance and perform Due Diligence Reports. Orchard Media Services is now on contract with the California Broadcasters Association, as Program Supervisors for the Alternative Inspection Program offered to radio and TV stations. Call Orchard Media Services for questions and information at 760-243-4733 or via email @ PIFILE@aol.com.