UPDATE

January 6, 2012 

Electronic Filing for Cable Special Relief and Cable Show Cause Petitions Now Mandatory 

The Media Bureau recently announced that, effective January 3, 2012, the FCC will no longer accept new Cable Special Relief and Cable Show Cause petitions filed on paper.  These petitions must now be submitted electronically through the FCC’s Electronic Comment Filing System, http://www.fcc.gov/ecfs, in MB Docket No. 12-1. 

Upon review and acceptance of each petition, the Media Bureau will place the petition on public notice, assign a CSR or CSC number to the petition, and assign a new docket number for parties to file comments or oppositions. 

Anyone may search for petitions electronically filed in MB Docket No. 12-1.  Once the Media Bureau puts a petition on public notice, the petition can be found using the newly assigned docket number or CSR or CSC number. 

If you have questions about new electronic filing requirements, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

Political Advertising Primer 

With Presidential primary election season beginning, cable operators have begun to receive requests from candidates for advertising time.  Federal law and FCC regulations govern the rates and terms for candidate advertising.  Key provisions of the FCC’s regulations include: 

• Cable operators are not obligated to provide political candidates access to cable systems.  If a cable operator permits “use” of its system by a legally qualified candidate, it must afford “equal opportunities to all other candidates for that office.” 
• Candidate appearances on a bona fide newscast, bona fide news interview, bona fide news documentary (if the appearance of the candidate is incidental to the subject of the documentary), or on-the-spot coverage of bona fide news events (including political conventions) do not trigger the equal opportunity requirements.
• For candidate advertising – except for periods before a primary, general, or special election – the system shall charge no more than the rates for comparable use of the system by commercial advertisers.  Discounts and other terms offered to commercial advertisers must be disclosed and offered to political advertisers. 
• During the 45 days before a primary, and the 60 days before a general or special election, the cable system may charge legally qualified candidates for public office no more than the “lowest unit charge” for advertising time.  The “lowest unit charge” is the amount that the system charges “its most favored commercial advertisers for the same classes and amounts of time for the same periods.”  In calculating the lowest unit charge, cable operators must take into account any practices offered to commercial advertisers that enhance the value of advertising spots, such as bonus spots, time-sensitive make goods, and preemption priorities.   
• Cable systems providing political advertising must maintain a political advertising file of all candidate requests for time and the disposition of those requests.  Any records maintained in the file must be kept for two years. 

If you have questions about political advertising, please call Scott Friedman or Heidi Schmid at (312) 372-3930 or via email at sfriedman@cm-chi.com or hschmid@cm-chi.com. 

FCC Form 477 Enforcement Advisory – Form 477 Filing Due March 1, 2012 

To promote compliance with the FCC’s Form 477 filing rules, the FCC’s Enforcement Bureau released an Enforcement Advisory reminding broadband and interconnected VoIP providers of the March 1, 2012 filing deadline.  In addition, the FCC warned that it will take appropriate enforcement action against non-compliant companies. 

The FCC noted three recurring deficiencies:  (i) failing to file data in a timely fashion, if at all; (ii) failing to have a company official certify that the information submitted is correct; and (iii) filing incomplete or inaccurate data. 

The next Form 477 filing is due March 1, 2012 (reporting data as of December 31, 2011).  For this filing, the FCC’s electronic system will only recognize 2010 Census tract codes.  Further information about the Form 477 and 2010 Census tracts is available online: 

• Census Tract Information, Filing Instructions, and a Link to File Form 477:                          http://transition.fcc.gov/form477
• 2010 Census Tract Reference Maps: http://www.census.gov/geo/www/maps/pl10_map_suite/tract.html
• 2010 Census Tract Relationship Files: http://www.census.gov/geo/www/2010census/tract_rel/tract_rel.html  

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

Copyright Forms and Fees Due March 1, 2012 

Cable operators must file with the U.S. Copyright Office their Statement of Account (Form SA1-2 or SA3) and pay any royalty fees due for the July 2011 – December 2011 accounting period by March 1, 2012.  The following forms apply: 

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

Copyright royalty fees must be remitted by electronic payment. 

If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930 or via email at hschmid@cm-chi.com.

CPNI Officer’s Certificate Due On or Before March 1, 2012

The FCC’s CPNI rules require that an officer of an interconnected VoIP provider file an annual certificate with the FCC stating that the officer has personal knowledge that the provider has established operating procedures adequate to ensure compliance with the FCC’s CPNI rules.  The carrier must also provide a statement explaining how its operating procedures ensure that it is in compliance with the FCC’s CPNI rules.  The annual certificate for 2011 must be filed on or before March 1, 2012. 

The provider must also include, if applicable, an explanation of any actions taken against data brokers and a summary of all customer complaints concerning the unauthorized release of CPNI received in the past year.  The officer’s certificate, as well as the information noted above, must be filed in EB Docket No. 06-36.

 In past years, the FCC has issued Public Notices in January and February offering further guidance regarding the filing of the officer’s certificate, including an acceptable sample form.  Use of the sample form is not mandatory provided all required information is included.  

If you have any questions regarding CPNI or the filing of the officer’s certificate, please contact Bruce Beard at (636) 778-0646 or via email at bbeard@cm-chi.com. _________________________________________________________________________________

Please visit our website at www.cinnamonmueller.com http://www.cinnamonmueller.com to learn more about our lawyers and practice.  You can reach Cinnamon Mueller at (312) 372-3930.  This update is provided by the law firm of Cinnamon Mueller.  The document is intended for informational purposes only as a service to clients of Cinnamon Mueller and to the members of the American Cable Association.  It is not intended to provide specific legal advice or to substitute obtaining appropriate legal counsel.  We encourage you to consult with counsel to address special compliance issues and for assistance in negotiating or handling any such matter referred to in the update.