Continued FCC Shutdown Affects Political and Public File

It now looks like the Government shutdown may last at least another week. The FCC has issued a Public Notice regarding the availability of services during the government shut down.  Most operations were suspended starting October 1^st.  Normal operations, including online filing systems, are affected.  The following highlights some of the major broadcast issues:

• Online Public File – It appears that the online Public File system is not accepting documents and may be offline due to the government shut down.  If you have a document to be uploaded, keep trying and document your efforts to do so.  This will become a significant issue when Quarterly Issues Programs lists become due on October 10^th.  If the shutdown continues, we suggest you attempt to file the Quarterly Issues Programs list and document that it could not be uploaded.  You should then keep a hard copy at the station for public inspection and then upload it once the FCC. 

• Political File – According to the FCC, the Political File must be available even when the FCC's Public File database is down.  We are in uncharted waters. Even though it is unlikely to be activated during the shutdown, you should keep trying to upload political file documents on a regular basis and document your efforts.  You should retain a hard copy and “electronically scan” the documents you would normally place in the political file.  You should make these documents available to the public and supply them to those (mostly opposing candidates) who request them.  Once the FCC reopens, you will need to upload the documents into the political file.  Note that on your broadcast renewal form, you will be asked if you filed all documents on time.  The answer will have to be “no,” but then explain the delay was due to the FCC shutting down the ability to upload documents on to the  political and public file.    

• Fees and Other Payments.  The FCC’s Fee Filer System will not be available while normal operations are suspended, and therefore no regulatory fee or application fee payments can be made through Fee Filer during such a period.  No deadline for payments of any type is being extended by this Public Notice, however, except to the extent a payment can only be paid through Fee Filer, in which case the applicable due date is extended in the same manner as the due dates for other regulatory filings herein. Otherwise, the FCC expects payments to be timely made through the use of US Bank as they normally would if normal operations had not been suspended.  Remember, regulatory fees were due before the shutdown occurred and the due date will not be extended.

• Extension of Filing Deadlines: Filing deadlines that occur during the shutdown will be extended until the day after the shutdown ends.  (Deadlines that occur after the shutdown will not be extended.)

• Enforcement Deadlines: Enforcement Bureau will not be extended for enforcement proceedings or investigations that involve specific parties.

• Online Services: Some online services such as the Disaster Information Reporting System (DIRS), Interference Complaints (PSIX-ESIX), and Commission Online Reporting System (CORES) will remain available.  The Electronic Comment Filing System SCFS will be available to the public but with no user support.

• Some Systems Not Available: The Licensing and Management System (LMS), the Universal Licensing System (ULS) and several others will be unavailable during the shutdown.

• Website: Content of the FCC website will be available but not updated.

• STA’s: Special Temporary Authorities (STA) expiring during the shutdown will be extended.

For any emergency issues affecting safety of life or protection of property, you should contact the FCC Operations Center at (202) 418-1122 or FCCOPS@fcc.gov.

If you specific questions, contact your communications attorney.

You can access the FCC’s Public Notice here.