On January 29, 2016, the FCC released an Order requiring cable operators to post their cable system public inspection files to the FCC’s online database.  With this Order, the FCC extended the requirement to post public file information to an online database that the FCC will maintain – previously only applicable to broadcast TV stations – to DBS operators, broadcast radio stations, satellite radio stations, and cable systems.

The online public file requirement will take effect upon publication in the Federal Register by the FCC of notice of approval of the rules by the Office of Management and Budget (“OMB”).

The Order substantially revamps the FCC’s existing cable system public inspection file rules and contains a number of new obligations cable operators must satisfy when establishing their online public files.  Cable operators should carefully review their existing public inspection files and the FCC’s new rules during this interim period before the online public inspection file requirement takes effect.

Background.  Under the FCC’s existing rules, cable operators must maintain a public inspection file for each cable system at the system office the cable operator maintains for business purposes (or at another accessible place in the community served by the system).  This public inspection file must be made available for inspection during regular business hours.  Certain additional information must be maintained and made available to FCC representatives or local franchise authorities upon request.

Cable public file and recordkeeping requirements vary according to the size of the system.  Systems with fewer than 1,000 subscribers have the fewest obligations.  Systems with more than 5,000 subscribers have the most extensive obligations. 

Online Public File Requirements.  The primary new and revised public inspection file requirements cable operators must meet when the online public file rules take effect are described below.

Small system exemptions.  Cable systems with fewer than 1,000 subscribers are exempt from the requirement to upload their public inspection files to the FCC’s online database.  These systems must continue to maintain their local public inspection files as required under existing rules.

Cable systems serving between 1,000 and 5,000 subscribers, which previously were required to make certain information only available upon request, must now post this information to their online public files.

Document formats and locations.  The FCC did not specify a standard format for the online file.  Cable operators will be required to upload documents to the online file in their existing format, and the FCC will display the documents in both the uploaded format and in a pdf version.  If a required document already exists in a searchable format, documents must be uploaded in that format to the extent technically feasible.  For channel lineups, operators may include in the online database a link to an alternate online location, such as the operator’s website, where this information is maintained.

Back-up political files.  Operators must make back-up copies of their political file documents, so they can be produced if the FCC online database is unavailable.  Operators may meet this back-up requirement by periodically downloading a mirror copy of their online public file, including the political file, or by maintaining a local back-up of the political file.

Website requirements.  Operators with websites must post a link, on their home page, to the first page of the operator’s online public inspection file.  Operators must also include on their home page contact information for a representative who can assist people with disabilities with issues related to the content of the public file, as well as contact information for an individual who can answer questions about the file in general.

With respect to a cable system’s equal employment opportunity (“EEO”) requirements, cable operators must continue to make their EEO materials available on their websites.  Cable operators may meet this obligation by providing a direct link to their EEO materials in their online public file. 

Geographic information.  When first establishing their online public file, cable operators will be required to provide a list of five-digit ZIP codes served by the cable system.  Cable operators with more than one physical system identifier (PSID) will be required to identify the ZIP code(s) served by each PSID.

Clarifications Regarding Content of Public Files.  Cable operators will no longer be required to maintain proof-of-performance and signal leakage information in the public inspection file or be uploaded to the online file.  Instead, this material must be maintained and made available to the FCC and local franchise authorities upon request.

Effective Dates for Online File Requirements.  The effective dates of the online file requirements vary depending on system size.

Uploading new materials.  Systems with 1,000 or more subscribers must begin using the online public file for new materials 30 days after the FCC announces that the OMB has approved the rules.  With respect to political files only, systems with between 1,000 and 5,000 subscribers are not obligated to begin uploading political file new material until March 1, 2018. 

Uploading existing materials.  Systems with 1,000 or more subscribers must upload existing materials (except for political file materials) to the online database within six months after the FCC announces that the OMB has approved the rules.  Cable operators are not required to upload existing political file materials.  Operators that choose not to upload existing political file materials must maintain the records locally for the remainder of the political file’s two-year retention period.

Until the online filing rules take effect, operators are obligated to continue to maintain local public files under the existing rules. 

If you have questions about the cable public file rules or the requirement to post them online, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com or Jake Baldwin at (312) 372-3930 or jbaldwin@cinnamonmueller.com.

FCC Releases EAS Notice of Proposed Rulemaking

On January 29, 2016, the FCC also released a Notice of Proposed Rulemaking (“NPRM”) proposing several changes to the Emergency Alert System (“EAS”), including the manner in which cable and IPTV providers deliver EAS messages and test EAS capabilities.  Comments will be due 45 days after the publication of the NPRM in the Federal Register; Reply Comments will be due 30 days later.  Although the FCC has only proposed changes to its rules at this time, it is important for operators to be aware of the proposed rules and inform the FCC as to the effect of the proposed changes on their businesses and any obstacles to compliance.

In general, the NPRM proposes to better coordinate and streamline the use of EAS by state and local officials through use of uniform terms, plan templates and a central database for online access.  This would include weekly and monthly state testing and use of “live test codes” (there are live codes for various warnings such as a tornado or hurricane) in a manner that does not alarm the public.  The NPRM also seeks comment on the best way to use live code testing to assure that individuals with limited English proficiency and individuals with disabilities understand EAS tests and alerts.

With respect to cable and IPTV operators, the NPRM seeks comment on:

• Whether the FCC should reexamine its voluntary “cable forced tuning and selective override” rule and possibly eliminate forced tuning or make selective override mandatory.  The forced tuning provision of the EAS rules allows an operator to automatically tune all channels to a designated channel which the carries the required EAS audio and video message.  If there is a written agreement between the operator and broadcaster permitting this practice, this provision allows an operator to selectively override a particular broadcast channel.  The selective override provision is voluntary; current regulations do not require operators to offer selective overrides.  NAB is urging the FCC to require the implementation of selective overrides, and the NPRM seeks to examine whether the current “forced tuning with voluntary selective overrides” is still in the public interest.  An operator’s ability to meet a requirement to selectively override will depend on the capability of the EAS equipment it has deployed.

• How delivery of EAS messages should be addressed given the evolving ways consumers view video content, including through tablets, apps and wireless devices.

• Ways to assure that EAS is secure.  The security of the entire EAS includes the security of cable and IPTV operators’ equipment.  The NPRM proposes the establishment of a certification process whereby participants, including cable and IPTV operators, would certify that they have implemented and are complying with an established baseline of security measures in their networks.

As noted, these are only proposals on which the FCC seeks comment.  At present, operators should familiarize themselves with the proposals and evaluate how the changes to EAS would affect their businesses, including whether they would require equipment upgrades or purchases.  If you have any questions regarding the NPRM or current EAS requirements in general, please contact Bruce Beard at (314) 394-1535 or bbeard@cinnamonmueller.com.