With the end of the year rapidly approaching, now is a good time to take care of any ongoing or annual compliance obligations and prepare for next year. Some items you may want to check include:

FCC Form 320. FCC rules require cable operators who provide service in aeronautical frequencies (108-137 and 225-400 MHz) to perform an annual signal leakage test and submit the results to the FCC on Form 320. Form 320s are due annually for each system using aeronautical frequencies.

Licenses. Operators with FCC licenses or authorizations (e.g., CARS or radio licenses, or earth station registrations) should review the licenses for expiration dates in 2013. Now is a good time to calendar upcoming renewals.

Subscriber Notices. FCC rules and the Cable Act require cable operators to provide annual notices to subscribers covering:

• Service offerings
• Prices, options, and conditions of service
• Installation, service, and maintenance policies
• Instructions on how to use the cable service
• Channel lineups
• Billing and complaint procedures, including contact information for the local franchise authority
• Prices for rental of navigation devices and CableCARDs
• Equipment compatibility, including notices that:
  • Some models of TVs and other consumer devices (e.g., DVD players, TiVo devices) may not be able to receive all channels on the system
  • Some features of TVs and other consumer devices may not be available if the service is received through a set-top box
  • Retail remote controls may be compatible with the system’s set-top boxes
• Information about the system’s collection of personally identifiable information (PII):
  • The nature of the PII collected and the nature of the use of PII
  • The period the operator retains PII
  • The time and place the subscriber may access the PII
  • Limitations on the collection and disclosure of PII and the subscriber’s rights to enforce those limitations

Additional items are required if the operator: (i) allows subscribers to install additional connections but does not provide the equipment to do so; or (ii) uses encryption technology with customer devices that may require special equipment to enable reception of multiple signals.

Net Neutrality Disclosures. The FCC’s Net Neutrality rules, effective last November, require providers of broadband internet service to disclose information regarding network management practices, network performance, and commercial terms of service. Broadband providers should review their Net Neutrality disclosures periodically to ensure they are accurate, especially if any changes have been made to network management practices (e.g., adoption of usage-based billing).

Cable Public File. FCC rules require cable operators to maintain certain files and records for inspection by the FCC, local franchise authorities, and the public. The requirements vary depending on the size of the system. Systems with fewer than 1,000 subscribers have the fewest obligations, while systems with 5,000 or more subscribers have the most extensive obligations. Operators should review their public files to ensure they are up-to-date.

If you have questions about annual compliance obligations, please contact Jake Baldwin or Scott Friedman at (312) 372-3930, or at jbaldwin@cm-chi.com or sfriedman@cm-chi.com.