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CONTENTS
Annex
Jerry C. Whitaker
Index
SBE EDITORIAL ADVISORY BOARD
This is an exciting time for broadcasters and for consumers. Digital radio and
television systems—the products of decades of work by engineers around the
world—are now commonplace. In the studio, the transition from analog to
digital systems continues to accelerate. Numerous other advancements relating
to the capture, processing, storage, transmission, and reception of audio and
video programs are rolling out at a record pace.
Within the last few years, the options available to consumers for audio and
video content have grown exponentially. Dramatic advancements in information
technology (IT) systems, imaging, display, and compression schemes have all
vastly reshaped the technical landscape of radio and television. These changes
give rise to a new handbook focused on practical aspects of radio and television
broadcasting. The SBE Broadcast Engineering Handbook is offered as a hands-
on guide to station design and maintenance. This handbook is the latest in a
series of books offered by the Society of Broadcast Engineers (SBE) that are
focused on broadcast technologies, station operation, and professional
certification.
Jerry C. Whitaker
Editor-in-Chief
SBE has established a web site to support the SBE Broadcast Engineering
Handbook:
http://sbe.org/handbook
Visit the web site for additional information, errata, updates, and links to
educational material.
SECTION 1
REGULATORY ISSUES
Over the years, deregulation has reduced or eliminated much of the tedious
record keeping and measurements that previously went with being a broadcast
engineer and placed a greater emphasis on the responsibilities of the licensee.
There are not as many regulatory requirements for the broadcast media engineer
to be knowledgeable of as there used to be. However, even with deregulation,
there are still many important requirements contained within the Code of Federal
Regulations (CFR) that individuals responsible for stations and facilities need to
know in today’s world.
This section covers some of the important information areas not only to keep
the station legal but also serve to give the reader a quick reference resource when
the need arises.
Chapters follow on basic Federal Communication Commission (FCC)
licensing, requirements of a Chief Operator, and the Alternative Broadcast
Inspection Program, along with an important chapter on accessibility
requirements for both television and radio. With an increased interest in being
able to notify the public in the event of emergencies by utilizing newer
technologies, there is a chapter on the Emergency Alert System.
While this section is not an all-inclusive review of FCC rules, it provides the
reader with important information on some of the major areas that are necessary
to keep the engineer and licensee out of trouble.
The following chapters are included in Section 1:
Chapter 1.1: FCC Licensing and Administrative Basics for the Technically
Minded
Chapter 1.2: Chief Operator Requirements
Chapter 1.3: The Alternative Broadcast Inspection Program (ABIP)
Chapter 1.4: Broadcast Accessibility Requirements
Chapter 1.5: The Emergency Alert System
CHAPTER 1.1
FCC LICENSING AND ADMINISTRATIVE
BASICS FOR THE TECHNICALLY MINDED
Ernie Sanchez
The Sanchez Law Firm P.C., Washington, DC
1.1 INTRODUCTION
Perhaps you remember the old riddle: “How do you eat an elephant?” The
answer, of course, was “One bite at a time.” Maybe surprisingly, the same
answer applies to starting to understand and find your way through, around, and
under the Federal Communication Commission (FCC). You simply cannot let
yourself be intimidated by this almost 80-year-old federal agency. It has more
than 1700 employees, a budget in excess of $350 million dollars, and amazingly
complex regulatory responsibilities that encompass a vast range of old and
modern communication technologies. If you try to absorb the totality of the FCC
at once, you can expect to be confused, intimated, and overwhelmed. So do not
do that. Instead, learn about the FCC and its operations a bit at time, as you need
to learn a specific piece of knowledge.
Most of the FCC’s broadcast-related activities, however, occur in the Mass
Media Bureau, which has fewer than 200 employees. According to the FCC, the
Media Bureau’s main activities are as follows:
The Media Bureau develops, recommends, and administers the policy and
licensing programs for the regulation of media, including cable television,
broadcast television and radio, and satellite services in the United States and its
territories. The Bureau advises and recommends to the Commission, or acts for
the Commission under delegated authority, in matters pertaining to
multichannel video programming distribution, broadcast radio and television,
direct broadcast satellite service policy, and associated matters. The Bureau
will, among other things: • Conduct rulemaking proceedings concerning the
legal, engineering, and economic aspects of electronic media services.
• Conduct comprehensive studies and analyses concerning the legal,
engineering, and economic aspects of electronic media services.
• Resolve waiver petitions, declaratory rulings, and adjudications related to
electronic media services.
• Process applications for authorization, assignment, transfer, and renewal of
media services, including AM, FM, TV, the cable TV relay service, and
related matters.
Some of you may be primarily interested in how some of the main FCC
activities function. Your attitude may be “just tell me the basic rules and keep it
simple.” Others of you may want not only the basic information but also some
help in starting to understand why the FCC initiates some of the seemingly
obscure, odd, and unexpected things it sometimes does.
For both categories of students, please consider this as only a starting map for
some of the key things a broadcast engineer should know about dealing with
(and working with) the FCC. We will start with the basics, and then as we work
our way through the subject, offer suggestions and more detailed references for
those of you who want to dig deeper into the history and policy of how and why
the FCC functions.
Happily, there are some wonderful tools available for you to learn about the
FCC. Best of all, it is not considered cheating if you use these tools. In fact, to
not use them may be considered wasteful and foolish.
Introduction
The FCC and Its Regulatory Authority
The Communications Act
How the FCC Adopts Rules
The FCC and the Media Bureau
FCC Regulation of Broadcast Radio and Television The Licensing of TV and
Radio Stations
Commercial and Noncommercial Educational Stations Applications to Build
New Stations, Length of License Period Applications for License Renewal
Digital Television
Digital Radio
Public Participation in the Licensing Process Renewal Applications
Other Types of Applications
Broadcast Programming: Basic Law and Policy
The FCC and Freedom of Speech
Licensee Discretion
Criticism, Ridicule, and Humor Concerning Individuals, Groups, and
Institutions Programming Access
Broadcast Programming: Law and Policy on Specific Kinds of
Programming
Broadcast Journalism
Introduction
Hoaxes
News Distortion
Political Broadcasting: Candidates for Public Office Objectionable
Programming
Programming Inciting “Imminent Lawless Action”
Obscene, Indecent, or Profane Programming
How to File an Obscenity, Indecency, or Profanity Complaint Violent
Programming
The V-Chip and TV Program Ratings
Other Broadcast Content Regulation
Station Identification
Children’s Television Programming
Station Conducted Contests
Lotteries
Soliciting Funds
Broadcast of Telephone Conversations
Access to Broadcast Material by People with Disabilities
Closed Captioning
Access to Emergency Information
Business Practices and Advertising
Business Practices, Advertising Rates, and Profits Employment Discrimination
and Equal Employment Opportunity (“EEO”) Sponsorship Identification
Underwriting Announcements on Noncommercial Educational Stations Loud
Commercials
False or Misleading Advertising
Offensive Advertising
Tobacco and Alcohol Advertising
Subliminal Programming
Blanketing Interference
Rules
How to Resolve Blanketing Interference Problems Other Interference Issues
The Local Public Inspection File
Requirement to Maintain a Public Inspection File Purpose of the File
Viewing the Public Inspection File
Contents of the File
The License
Applications and Related Materials
Citizen Agreements
Contour Maps
Rules
Material Relating to an FCC Investigation or Complaint Ownership Reports
and Related Material
List of Contracts Required to Be Filed with the FCC
Political File
EEO Materials
“The Public and Broadcasting”
Letters and E-Mails from the Public
Quarterly Programming Reports
Children’s Television Programming Reports
Records Regarding Children’s Programming Commercial Limits Time
Brokerage Agreements
Lists of Donors
Local Public Notice Announcements
Must-Carry or Retransmission Consent Election DTV Transition Consumer
Education Activity Reports Comments or Complaints About a Station
• The FCC web site (www.fcc.gov) contains possibly more than you ever
wanted to know about the minute inner workings of the FCC.
• The National Association of Broadcasters Legal Guide to Broadcast Law and
Regulation (6th edition) is a well-respected, 990-page reference work, used
by lawyers and broadcasters to get a basic overview of broadcast legal topics,
geared to provide practical, useable information in a clear manner without
heavy academic or scholarly emphasis. See
http://www.nabstore.com/ProductDetails.asp?ProductCode=9780240811178.
• The Georgetown University Law Center has compiled a detailed guide to
FCC legal research. This is extremely useful to anyone who wants to explore
in detail the history of FCC legal decision-making in their areas of
jurisdiction and related court decisions. See
http://www.law.georgetown.edu/library/research/guides/communications.cfm.
CHAPTER 1.2
CHIEF OPERATOR REQUIREMENTS
Dennis Baldridge
Consultant, Hillsboro, WI
1.1 INTRODUCTION
Telecommunications falls under Title 47 of the Code of Federal Regulations. In
Part 73, the Federal Communications Commission requires the licensee of every
radio and television station to appoint a Chief Operator (CO). The designated
person is responsible for specific duties as outlined in Section 73.1870 of the
Rules and regulations. In the past years, this position required the appointed
person to hold a specific license in order to be qualified. With the advent of
stable modern technology and automated systems, this requirement has been
eliminated. The assigned CO needs only to be able to accurately perform the
required duties; no special license is required. The CO is the person responsible
for the proper operation of the station, according to the FCC Rules and the terms
of the station’s authorization. If any questions arise, he/she is the go-to person
for the FCC. The CO is not a revenue-generating position but can be a revenue-
saving position since many fines imposed by the FCC on broadcast facilities are
directly or indirectly related to these responsibilities. Thus, the CO is an
important position.
1.4 SUMMARY
The CO position is one of great importance. He/she certifies compliance with the
FCC’s Rules, and the logs are the station’s proof that requirements are being
fulfilled. The CO must be familiar enough with the FCC’s Rules to verify
compliance and know when corrective actions are needed. In any technical
investigation by the FCC, the logs, specifically maintained by the CO, will most
certainly play a significant role in determining the station’s liability. The CO is
the person specifically chosen by the licensee to certify compliance with the
FCC Rules and the terms of the station’s authorization. The CO may delegate
some of these responsibilities but must maintain oversight.
CHAPTER 1.3
THE ALTERNATIVE BROADCAST INSPECTION
PROGRAM (ABIP)
Larry Wilkins
CPBE, Alabama Broadcasters Association, Hoover, Alabama
1.1 INTRODUCTION
The Federal Communication Commission (FCC) is an independent agency of the
U.S. government, created by Congressional statute to regulate interstate
communications by radio, television, wire, satellite, and cable in all 50 states, the
District of Columbia, and U.S. territories. One of the main tasks of the FCC
covers the approval and issuance of licenses to operate all forms of
communications that use the radio frequency (RF) spectrum. This includes
Radio and Television Broadcast.
A set of rules and regulations are in place to aid in creating an “even field” for
all users. The FCC has a program of random inspections to insure that users are
complying with these rules and regulations. If, during an inspection, the FCC
finds areas of noncompliance, it can issue a notice of liability which can result in
a substantial monetary fine. Over the years, this has become a burdensome task
for the FCC, given the number of broadcast stations and the limited staff. It was
also discovered that a number of the noncompliance issues were not intentional
but due to operator oversight or misinterpretation of the rules.