FCC Eliminates Requirement to Maintain Principal Headend Location Information

in the Public Inspection File

On January 31, 2017, the FCC released a Report and Order eliminating the requirement for cable operators to maintain for public inspection the designation and location of a cable system’s principal headend.   Cable operators will be required to provide principal headend location information to the FCC, broadcasters and local franchise authorities (“LFAs”) upon request, though operators may, alternatively, continue to place this information in their online public inspection files.

Background.  Last January, the FCC released an Order requiring cable operators to post their cable system public inspection files to the FCC’s online database.  As part of the Order, cable operators were given the option to maintain principal headend location information in their local public file, so long as they included a notation in the online file that the information was available locally. 

After receiving comments from NCTA and others pointing out that operators which chose not to place the location of their principal headend online due to security risks were forced to maintain a local public file for one category of information only, the FCC released a Notice of Proposed Rulemaking last May proposing to eliminate the principal headend public inspection file requirement. 

Order.  The Order eliminates the requirement for cable operators to maintain information about the location of a cable system’s principal headend in the system’s public inspection file.  The FCC noted that while the FCC, broadcasters and LFAs may have a need to this information, the general public does not. 

Accordingly, cable operators will be required to provide principal headend location information to the FCC upon request.  For broadcasters and LFAs, if a request is submitted in writing by certified mail, the cable operator must respond in writing by certified mail within 15 days.  Cable operators may, in addition, elect to respond to requests from broadcasters or LFAs submitted by telephone or email, but must respond in writing by certified mail if requested to do so by the broadcaster or LFA.

In lieu of responding to individual requests, operators may elect to voluntarily to provide this information to the FCC for inclusion in the FCC’s online database and make the information publicly available there.

Effective Date.  These new rules will not be effective until Office of Management and Budget approval, after which the FCC will release a Public Notice announcing the effective date. 

If you have questions about public inspection file requirements, please contact Scott Friedman at sfriedman@cinnamonmueller.com or (312) 372-3930.

 Copyright Forms and Fees Due by March 1, 2017

Cable operators must file with the U.S. Copyright Office their Statement of Accounts (Form SA1-2 or SA3) and pay any royalty fees due for the July 2016 – December 2016 accounting period by March 1, 2017. The following forms apply:

• SA1-2 Short Form. For use by cable systems with semiannual gross receipts of less than $527,600. 
• SA3 Long Form. For use by cable systems with semiannual gross receipts of $527,600 or more.

Copyright filings must be accompanied by a filing fee in addition to the royalty payment.  The filing fee is calculated based on the type of form filed:  

Operators must remit the royalty fee and filing fee in a single electronic payment.  If you have any questions about copyright forms or fees, please contact Bruce Beard at (314) 394-1535 or bbeard@cinnamonmueller.com.

FCC Form 477 Due March 1, 2017

The next Form 477 is due March 1, 2017.  Telephone, broadband, and interconnected VoIP providers must report information about broadband connections and local telephone service as of December 31, 2016.  

As a reminder, Form 477 must be filed online through the FCC's filing interface.  Instructions for filers can be found here.  Filers can also review a brief summary of the Form 477 changes made in 2014 on the FCC’s website. 

If you have any questions about Form 477, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.