The FCC’s MVPD Equal Employment Opportunity (“EEO”) Program Annual Report, Form    396-C, must be submitted electronically by midnight on September 30, 2013.  To file Form 396-C, login to the Media Bureau’s CDBS Electronic Filing System.  In addition, the FCC released a Public Notice listing the cable operators that the FCC randomly selected to file a Supplemental Investigation Sheet along with their Form 396-C. 

For this year’s filing, Supplemental Investigation Sheet filers must:

• Include one job description for employees in the category “Technicians” in Part I of the form.

• Answer questions 4, 7, and 8 in Part II of the form:

               Explain the employment unit’s efforts to promote employees in a nondiscriminatory manner to positions of greater responsibility.

               Describe the responsibility of each level of the employment unit’s management with respect to application and enforcement of its EEO policy and explain the procedure for review and control of managerial and supervisory performance.

               Describe the manner in which the employment unit conducts its continuing review of job structure and employment practices. 

• Attach, as Part III, a copy of the unit’s EEO public file report created in 2013 covering the previous 12 months.

 If you have any questions about Form 396-C, or EEO compliance in general, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

FCC Proposes $20,000 Fine against Tower Owner for Violations of Tower Lighting Rules

            Last week, the FCC issued a Notice of Apparent Liability for Forfeiture (“NAL”) against a tower owner for failing to monitor the tower’s lighting, failing to exhibit the required lighting, and failing to notify the FAA of a known lighting outage.  The proposed fine was set at $20,000.

FCC rules require towers exceeding 200 feet above ground level or requiring “special aeronautical study” to be painted and lit according to FAA standards.  Tower owners must also monitor and periodically inspect tower lighting systems, report lighting outages to the FAA immediately, and repair lighting outages “as soon as practicable.” 

            In this case, the registered tower was required to have dual lighting (i.e., red lights at nighttime) and medium intensity flashing white lights during the daytime and at twilight.  An FCC field agent observed that the tower was unlit during daytime hours on September 12 and September 13, 2012.  The agent then contacted the FAA and learned that no notice to the FAA had been given.

            On November 1, 2012, the FCC agent issued a Notice of Violation concerning the unlit lights and failure to notify the FAA of the outage.  In response, the tower owner acknowledged the violation and determined that the light outage was caused by a failing capacitor on the control board, which it replaced on October 30, 2012.  The tower owner also stated that it had installed and tested a remote monitoring and alarm system for the structure.

            Nonetheless, the FCC proposed a $20,000 fine for the lighting violations.  The base fine for violation of the FCC’s tower painting and lighting rules is $10,000.  Here, the FCC increased the fine to $20,000 in part because larger companies should expect the assessment of higher forfeitures for violations to ensure that forfeiture liability is a deterrent and not simply a cost of doing business.   

With the release of the NAL, the tower owner has 30 days to pay the proposed fine or file a written statement seeking to reduce or cancel the proposed fine.

Cable operators with registered towers should make sure their towers are painted and lighted in accordance with their FCC registrations.  If you have any questions about the FCC’s antenna structure rules, please contact Scott Friedman or Jake Baldwin at (312) 372-3930 or sfriedman@cinnamonmueller.com or jbaldwin@cinnamonmueller.com.

Annual Compliance Check

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:

Signal Leakage Reports.  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 2014.  Now is a good time to calendar upcoming renewals.

Net Neutrality Disclosures.  The FCC’s Open Internet or “Net Neutrality” rules, effective November 2011, 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., congestions management) or commercial terms (adoption of usage-based billing).

Cable Public File.  FCC rules require cable operators, on a system-by-system basis, to maintain a public inspection file for inspection by the FCC, local franchise authorities, and the public.  Depending on the size of the system, the public file must contain certain files and records.  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 at (312) 372-3930 or jbaldwin@cinnamonmueller.com, Bruce Beard at (314) 394-1535 or bbeard@cinnamonmueller.com, or Elvis Stumbergs at (202) 872-6881 or estumbergs@cinnamonmueller.com.

ACA Member-Only Webinar on Advanced Communications Services

Accessibility Compliance Obligations

            American Cable Association President/CEO Matt Polka and Vice President of Government Affairs Ross Lieberman, together with Cinnamon Mueller partner Barbara Esbin, will present a member-only webinar next Thursday, September 26, 2013, covering the FCC’s Advanced Communications Services (“ACS”) accessibility and recordkeeping rules. 

Online registration is free for ACA Members and is being handled by ACA.  The webinar will start at 2pm EDT, and last approximately one hour.  It will cover important topics such as:

• What services are covered by the ACS rules?
• What are my obligations?
• How do I comply?
• What kinds of documentation must I keep?

The FCC adopted new accessibility, recordkeeping, certification, and consumer complaint rules, including the ACS accessibility and recordkeeping rules, in accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010.  Under the new rules, telecommunications, interconnected VoIP, and ACS providers are required to file an annual compliance certificate with the FCC by April 1^st of each year certifying that they have operating procedures in place to ensure compliance with the recordkeeping requirements.  The first certification was required to be filed by April 1, 2013, except for providers of ACS that are small entities (fewer than 1,500 employees, including affiliates).  These small entity ACS providers were granted a temporary exemption that expires October 8, 2013.

For more information on this ACA member-only webinar, please contact Amy Nethken of the American Cable Association at (412) 922-8300, ext. 10.