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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

In the Matter of ) ) Standardizing Program Reporting ) MB Docket No. 11-189 Requirements for Broadcast Licensees ) ) )

To: Secretary, Federal Communications Commission Attention: The Commission

JOINT REPLY COMMENTS OF PUBLIC TELEVISION LICENSEES

Alabama Educational Television Commission, Alaska Public

Telecommunications, Inc., Arizona Board of Regents for Benefit of the University of

Arizona, Educational Television Commission, Board of Governors of

State University, Board of Trustees for San Diego State University, Board of Trustees of

Community College District No. 508, County of Cook and State of , Board of

Trustees of the University of Illinois, Central Michigan University, District Board of

Trustees, Pensacola State College, Eastern New Mexico University, Greater

Television Educational Foundation, Greater Dayton Public Television, Inc.,

Public Television Foundation, Illinois Valley Public Telecommunications Corporation,

Iowa Board, KCTS Television, Authority for Educational

Television, KVIE, Inc., Lehigh Valley Public Telecommunications Corporation, Maine

Public Broadcasting Corporation, Michiana Public Broadcasting Corp., Milwaukee Area

Technical College District Board, Mountain Lake Public Telecommunications Council, Educational Telecommunications Commission, New Jersey Public

Broadcasting Authority, Northeastern Educational Television of , Inc., Northern

Minnesota Public Television, Inc., The Ohio State University, Ohio University,

Oklahoma Educational Television Authority, Prairie Public Broadcasting, Inc., Public

Broadcasting Council of Central New York, Public Broadcasting of Northwest

Pennsylvania, Inc., Public Television 19, Inc., Regents of New Mexico State University,

Regents of the University of New Mexico and Board of Education of the City of

Albuquerque, New Mexico, Rural California Broadcasting Corp., Sistema Universitario

Ana G. Mendez, Inc., Public Television Corp., South Carolina Educational

Television Commission, St. Louis Regional Public Media, Inc., State of Wisconsin –

Educational Communications Board, University of Alaska, University of Houston

System, University of Nebraska, University of Wisconsin System, Washington State

University, West Educational Telecommunications Corporation, Window to the World Communications, Inc., WITF, Inc., WNIN Tri-State Public Media, Inc., and

WSKG Public Telecommunications Council (collectively, “Public TV Licensees”), provide these reply comments in the referenced proceeding1 on replacing the issues/programs lists that television stations currently place in their public inspection files with a standardized disclosure form that would be available online.

1 Standardizing Program Reporting Requirements for Broadcast Licensees, Notice of Inquiry, MB Docket No. 11-189, FCC 11-169 (rel. November 14, 2011) (the “NOI”).

-2 - Introduction

The Public TV Licensees are public and private universities and university systems, state educational communications authorities, boards and commissions, community, state and technical college districts, and non-profit community-based educational entities. Collectively, they are licensees of over 150 full power noncommercial educational television stations, as well as numerous television translator and other associated facilities, over which they provide an incredible array of services to their communities.

In the NOI, the Commission seeks comment on the notion of replacing issues/programs lists that television stations currently place in their public files each quarter with a “streamlined, standardized disclosure form” that would be uploaded to the

Commission as part of a TV station’s public inspection file and made available to the public online. This is not the first time these issues have been considered. The

Commission had adopted a previous proposal for a standardized disclosure form in the

Enhanced Disclosure proceeding,2 but it ultimately abandoned that plan upon the realization that the requirement was overly burdensome. The Commission continues to believe, however, that use of a standardized disclosure form will facilitate access to information on how licensees are serving the public interest and will allow the public to play a more active role in helping stations meet their obligations to provide programming that addresses the community’s needs and interests. However, the Commission proposes changes to the form to “substantially reduce the burden it imposes on broadcasters.”

2 See Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, Report and Order, 23 FCC Rcd 1274 (2007).

-3 - Comments have been filed in response to the NOI by a number of parties

representing the interests of broadcasters, including public broadcasters. Comments by the Association of Public Television Stations, Corporation for Public Broadcasting and

the Public Broadcasting Service (“APTS/CPB/PBS),3 Joint Comments by another group

of Public Television Licensees (“Other PTV Licensees”),4 and Comments by National

Public Radio (“NPR”)5 each urge that public television stations should be exempt from

standardized disclosure requirements. The APTS/CPB/PBS Comments also suggest that,

if necessary, stations could upload portions of reports that they already prepare and

submit to CPB that would address how they serve their communities.

In these joint reply comments, the Public TV Licensees support the comments of

APTS/CPB/PBS, the Other PTV Licensees and NPR and oppose applying the

standardized disclosure form requirements to public broadcasting stations.

Standardized Disclosure Form

The APTS/CPB/PBS Comments note that public television stations are uniquely

committed to airing programs that address the needs and issues of importance to their

local communities, and thus provide an incredible diversity of high-quality public interest

programming not available in any comparable form in other media. APTS/CPB/PBS cite

public television stations’ children’s programming, news and public affairs programming,

artistic and performing arts programming, history, science and technology programming,

locally produced programming and programming for un-served and underserved

audiences. APTS/CPB/PBS suggest that, because of the unique public interest role that

public television stations serve in their communities, it would not make sense, and could

3 Comments of the Association of Public Television Stations, Corporation for Public Broadcasting and the Public Broadcasting Service, filed January 27, 2012. 4 Joint Comments of Public Television Licensees, filed January 27, 2012. 5 Comments of National Public Radio, Inc., filed January 27, 2012.

-4 - actually do a disservice to the American public, to try to fit the programming and services

of public television licensees into the same template form that is used for commercial

television stations. A single programming disclosure form for both public television and

commercial television could not be both narrow enough to produce reliably standardized

responses and flexible enough to capture in a meaningful way the different services

provided by these two types of stations.

Similarly, the Other PTV Licensees argue that the Commission’s preliminary

conclusion that public broadcasting stations must be treated in the same manner as their

commercial counterparts ignores the fundamental distinction between the two classes of

stations. Commercial and public television each fill vital roles, but public television

stations by their very nature are committed to providing issue-responsive programming.

The Other PTV Licensees go on to argue that the new standardized disclosure

form proposed in the NOI is clearly directed at . Among other

things, its reporting categories ignore the reality of the operations of public television

stations, reflect a biased view of what constitutes issue-responsive programming, entail confusing overlapping categories, devalue non-local programming as a measure of a licensee’s responsiveness to its audience, establish the government’s view as to what

constitutes acceptable or at least preferred issue-responsive programming, and ultimately

requires submission of information of limited utility at a substantial cost of licensee

resources.

The Other PTV Licensees urge the Commission to reexamine the basis for the

standardized quarterly reporting requirement proposed in the NOI in light of the

distinctive and substantial public service offered by public television stations and the

ready availability to the public of their programming information. This would result in

-5 - the Commission treating public television differently than commercial stations, as it has with respect to other important service issues such as children’s television.

The NPR Comments echo these same concerns. NPR notes that it is not merely that public broadcasting stations have limited resources and that their programming is more locally responsive (although that is generally true). Rather, NPR argues that a public broadcasting station should be exempt from the standardized reporting obligation where it can demonstrate sufficient ties to the community that the reporting obligation is unnecessary to achieve the Commission’s objectives of accessibility and accountability.

NPR notes that public broadcasting stations are largely funded by contributions from individual viewers and listeners, and therefore have a direct stake in airing programming that their communities will listen to and support. The direct financial relationship that exists between public broadcasting stations and their communities is often the most effective determinant of how well a station is ascertaining and serving the needs of its community.

NPR also notes that public stations now routinely offer a wealth of information about their programming on their websites and other digital platforms, including iPhone, iPad, and Android applications. Stations also actively use Facebook, Twitter, YouTube and other social media to engage their audiences.

NPR shows that public broadcasting stations are also subject to an array of social forces which assure local accessibility and accountability. These include community advisory boards, open public meetings, and the presence of public board members. NPR concludes that the Commission should not impose an enhanced disclosure requirement to assure local accountability and accessibility on stations that are already accountable and accessible.

-6 - The Public TV Licensees agree with and support these arguments. Public

television stations (and public radio stations, should this proposal ever be extended to

them) are closely responsive and accountable to their local communities by virtue of their

local organizational structures, their institutional missions, the open and public processes

under which they operate, their myriad methods of engaging their communities and,

ultimately, their direct dependence on their audience for support. Thus, imposition of a

stilted and largely inapplicable standardized disclosure form on these stations achieves no

useful purpose.

Even with the changes in the streamlined reporting requirements as proposed by

the NOI, including the use of a composite week analysis of station programming, the

requirements are burdensome and the resulting negative impact on public stations’

finances and operations will be out of proportion to any possible value to be achieved.

Existing Alternative Sources of Programming Information

As noted, the Public TV Licensees along with APTS/CPB/PBS, the Other PTV

Licensees and NPR do not believe that additional reporting requirements are useful or

appropriate for public stations, and they urge that public stations be exempt. In the event

that the Commission somehow nevertheless reaches a conclusion that communities do

not have ready access to enough information about the programming and other services

of their public broadcast stations, the Comments of APTS/CPB/PBS offer an alternative –

permitting stations to submit to their online public files certain portions of SABS and

SAS disclosure forms that they already prepare and file with CPB. The Public TV

Licensees also concur with this proposal but, again, view even this submission as unnecessary.

-7 - Conclusion

For the foregoing reasons, the Public TV Licensees support the noted positions of

APTS/CPB/PBS, the Other Public TV Licensees and NPR as set forth in their respective

Comments, and they urge that the standardized disclosure form requirements not be applied to public broadcasting stations.

Respectfully submitted,

ALABAMA EDUCATIONAL TELEVISION COMMISSION

ALASKA PUBLIC TELECOMMUNICATIONS, INC.

ARIZONA BOARD OF REGENTS FOR BENEFIT OF THE UNIVERSITY OF ARIZONA

ARKANSAS EDUCATIONAL TELEVISION COMMISSION

BOARD OF GOVERNORS OF MISSOURI STATE UNIVERSITY

BOARD OF TRUSTEES FOR SAN DIEGO STATE UNIVERSITY

BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 508, COUNTY OF COOK AND STATE OF ILLINOIS

BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS

CENTRAL MICHIGAN UNIVERSITY

DISTRICT BOARD OF TRUSTEES, PENSACOLA STATE COLLEGE

EASTERN NEW MEXICO UNIVERSITY

-8 - GREATER CINCINNATI TELEVISION EDUCATIONAL FOUNDATION

GREATER DAYTON PUBLIC TELEVISION, INC.

HAWAII PUBLIC TELEVISION FOUNDATION

ILLINOIS VALLEY PUBLIC TELECOMMUNICATIONS CORPORATION

IOWA PUBLIC BROADCASTING BOARD

KCTS TELEVISION

KENTUCKY AUTHORITY FOR EDUCATIONAL TELEVISION

KVIE, INC.

LEHIGH VALLEY PUBLIC TELECOMMUNICATIONS CORPORATION

MAINE PUBLIC BROADCASTING CORPORATION

MICHIANA PUBLIC BROADCASTING CORP.

MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT BOARD

MOUNTAIN LAKE PUBLIC TELECOMMUNICATIONS COUNCIL

NEBRASKA EDUCATIONAL TELECOMMUNICATIONS COMMISSION

NEW JERSEY PUBLIC BROADCASTING AUTHORITY

NORTHEASTERN EDUCATIONAL TELEVISION OF OHIO, INC.

NORTHERN MINNESOTA PUBLIC TELEVISION, INC.

THE OHIO STATE UNIVERSITY

-9 -

OHIO UNIVERSITY

OKLAHOMA EDUCATIONAL TELEVISION AUTHORITY

PRAIRIE PUBLIC BROADCASTING, INC.

PUBLIC BROADCASTING COUNCIL OF CENTRAL NEW YORK

PUBLIC BROADCASTING OF NORTHWEST PENNSYLVANIA, INC.

PUBLIC TELEVISION 19, INC.

REGENTS OF NEW MEXICO STATE UNIVERSITY

REGENTS OF THE UNIVERSITY OF NEW MEXICO AND BOARD OF EDUCATION OF THE CITY OF ALBUQUERQUE, NEW MEXICO

RURAL CALIFORNIA BROADCASTING CORP.

SISTEMA UNIVERSITARIO ANA G. MENDEZ, INC.

SMOKY HILLS PUBLIC TELEVISION CORP.

SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION

ST. LOUIS REGIONAL PUBLIC MEDIA, INC.

STATE OF WISCONSIN – EDUCATIONAL COMMUNICATIONS BOARD

UNIVERSITY OF ALASKA

UNIVERSITY OF HOUSTON SYSTEM

UNIVERSITY OF NEBRASKA

UNIVERSITY OF WISCONSIN SYSTEM

WASHINGTON STATE UNIVERSITY

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WEST CENTRAL ILLINOIS EDUCATIONAL TELECOMMUNICATIONS CORPORATION

WINDOW TO THE WORLD COMMUNICATIONS, INC.

WITF, INC.

WNIN TRI-STATE PUBLIC MEDIA, INC.

WSKG PUBLIC TELECOMMUNICATIONS COUNCIL

By: _/s/ Todd D. Gray______Todd D. Gray Margaret L. Miller Barry Persh

Their Attorneys

Dow Lohnes PLLC 1200 New Hampshire Ave., N.W. Suite 800 Washington, DC 20036-6802 (202) 776-2571

February 9, 2012

-11 - ATTACHMENT PUBLIC TV LICENSEES AND THEIR STATIONS

ALABAMA EDUCATIONAL TELEVISION COMMISSION WAIQ-DT, Montgomery, AL WBIQ-DT, Birmingham, AL WCIQ-DT, Mt. Cheaha, AL WDIQ-DT, Dozier, AL WEIQ-DT, Mobile, AL WFIQ-DT, Florence, AL WGIQ-DT, Louisville, AL WHIQ-DT, Huntsville, AL WIIQ-DT, Demopolis, AL

ALASKA PUBLIC TELECOMMUNICATIONS, INC. KAKM-DT, Anchorage, AK

ARIZONA BOARD OF REGENTS FOR BENEFIT OF THE UNIVERSITY OF ARIZONA KUAS-DT, Tucson, AZ KUAT-DT, Tucson, AZ

ARKANSAS EDUCATIONAL TELEVISION COMMISSION KAFT-DT, Eudora, AR KEMV-DT, Mountain View, AR KETG-DT, Arkadelphia, AR KETS-DT, Little Rock, AR KETZ-DT, El Dorado, AR KETJ-DT, Jonesboro, AR

BOARD OF GOVERNORS OF MISSOURI STATE UNIVERSITY KOZJ-DT, Joplin, MO KOZK-DT, Springfield, MO

BOARD OF TRUSTEES FOR SAN DIEGO STATE UNIVERSITY KPBS-DT, San Diego, CA

BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 508, COUNTY OF COOK AND STATE OF ILLINOIS WYCC-DT, Chicago, IL

BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS WILL-DT, Urbana, IL

-12 - CENTRAL MICHIGAN UNIVERSITY WCML-DT, Alpena, MI WCMU-DT, Mt. Pleasant, MI WCMV-DT, Cadillac, MI WCMW-DT, Manistee, MI WCMZ-DT, Flint, MI

DISTRICT BOARD OF TRUSTEES, PENSACOLA STATE COLLEGE WSRE-DT, Pensacola, FL

EASTERN NEW MEXICO UNIVERSITY KENW-DT, Portales, NM

GREATER CINCINNATI TELEVISION EDUCATIONAL FOUNDATION WCET-DT, Cincinnati, OH

GREATER DAYTON PUBLIC TELEVISION, INC. WPTD-DT, Dayton, OH WPTO-DT, Oxford, OH

HAWAII PUBLIC TELEVISION FOUNDATION KHET-DT, , HI KMEB-DT, Wailuku, HI

ILLINOIS VALLEY PUBLIC TELECOMMUNICATIONS CORPORATION WTVP-DT, Peoria, IL

IOWA PUBLIC BROADCASTING BOARD KBIN-DT, Council Bluffs, IA KDIN-DT, Des Moines, IA KHIN-DT, Red Oak, IA KIIN-DT, Iowa City, IA KQIN-DT, Davenport, IA KRIN-DT, Waterloo, IA KSIN-DT, Sioux City, IA KTIN-DT, Fort Dodge, IA KYIN-DT, Mason City, IA

KCTS TELEVISION KCTS-DT, Seattle, WA KYVE-DT, Yakima, WA

KENTUCKY AUTHORITY FOR EDUCATIONAL TELEVISION WCVN-DT, Covington, KY WKAS-DT, Ashland, KY WKGB-DT, Bowling Green, KY

-13 - WKHA-DT, Hazard, KY WKLE-DT, Lexington, KY WKMA-DT, Madisonville, KY WKMJ-DT, Louisville, KY WKMR-DT, Morehead, KY WKMU-DT, Murray, KY WKOH-DT, Owensboro, KY WKON-DT, Owenton, KY WKPC-DT, Louisville, KY WKPD-DT, Paducah, KY WKPI-DT, Pikeville, KY WKSO-DT, Somerset, KY WKZT-DT, Elizabethtown, KY

KVIE, INC. KVIE-DT, Sacramento, CA

LEHIGH VALLEY PUBLIC TELECOMMUNICATIONS CORPORATION WLVT-DT, Allentown, PA

MAINE PUBLIC BROADCASTING CORPORATION WCBB-DT, Augusta, ME WMEA-DT, Biddeford, ME WMEB-DT, Orono, ME WMED-DT, Calais, ME WMEM-DT, Presque Isle, ME

MICHIANA PUBLIC BROADCASTING CORP. WNIT-DT, South Bend, IN

MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT BOARD WMVS-DT, Milwaukee, WI WMVT-DT, Milwaukee, WI

MOUNTAIN LAKE PUBLIC TELECOMMUNICATIONS COUNCIL WCFE-DT, Plattsburgh, NY

NEBRASKA EDUCATIONAL TELECOMMUNICATIONS COMMISSION KHNE-DT, Hasting, NE KLNE-DT, Lexington, NE KMNE-DT, Bassett, NE KPNE-DT, North Platte, NE KRNE-DT, Merriman, NE KTNE-DT, Alliance, NE KXNE-DT, Norfolk, NE KYNE-DT, Omaha, NE

-14 - NEW JERSEY PUBLIC BROADCASTING AUTHORITY WNJB-DT, New Brunswick, NJ WNJN-DT, Montclair, NJ WNJS-DT, Camden, NJ WNJT-DT, Trenton, NJ

NORTHEASTERN EDUCATIONAL TELEVISION OF OHIO, INC. WEAO-DT, Akron, OH WNEO-DT, Alliance, OH

NORTHERN MINNESOTA PUBLIC TELEVISION, INC. KAWB-DT, Brainerd, MN KAWE-DT, Bemidji, MN

THE OHIO STATE UNIVERSITY WOSU-DT, Columbus, OH WPBO-DT, Portsmouth, OH

OHIO UNIVERSITY WOUB-DT, Athens, OH WOUC-DT, Cambridge, OH

OKLAHOMA EDUCATIONAL TELEVISION AUTHORITY KETA-DT, Oklahoma City, OK KOED-DT, Tulsa, OK KOET-DT, Eufaula, OK KWET-DT, Cheyenne, OK

PRAIRIE PUBLIC BROADCASTING, INC. KBME-DT, Bismarck, ND KCGE-DT, Crookston, MN KDSE-DT, Dickinson, ND KFME-DT, Fargo, ND KGFE-DT, Grand Forks, ND KJRE-DT, Ellendale, ND KMDE-DT, Devils Lake, ND KSRE-DT, Minot, ND KWSE-DT, Williston, ND

PUBLIC BROADCASTING COUNCIL OF CENTRAL NEW YORK WCNY-DT, Syracuse, NY

PUBLIC BROADCASTING OF NORTHWEST PENNSYLVANIA, INC. WQLN-DT, Erie, PA

PUBLIC TELEVISION 19, INC.

-15 - KCPT-DT, City, MO

REGENTS OF NEW MEXICO STATE UNIVERSITY KRWG-DT, Las Cruces, NM

REGENTS OF THE UNIVERSITY OF NEW MEXICO AND BOARD OF EDUCATION OF THE CITY OF ALBUQUERQUE, NEW MEXICO KNME-DT, Albuquerque, NM KNMD-DT, Santa Fe, NM

RURAL CALIFORNIA BROADCASTING CORP. KRCB-DT, Cotati, CA

SISTEMA UNIVERSITARIO ANA G. MENDEZ, INC. WMTJ-DT, Fajardo, PR WQTO-DT, Ponce, PR

SMOKY HILLS PUBLIC TELEVISION CORP. KDCK-DT, Dodge City, KS KOOD-DT, Hays, KS KSWK-DT, Lakin, KS KWKS-DT, Colby, KS

SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION WEBA-DT, Allendale, SC WHMC-DT, Conway, SC WITV-DT, Charleston, SC WJPM-DT, Florence, SC WJWJ-DT, Beaufort, SC WNEH-DT, Greenwood, SC WNSC-DT, Rock Hill, SC WNTV-DT, Greenville, SC WRET-DT, Spartanburg, SC WRJA-DT, Sumter, SC WRLK-DT, Columbia, SC

ST. LOUIS REGIONAL PUBLIC MEDIA, INC. KETC-DT, St. Louis, MO

STATE OF WISCONSIN – EDUCATIONAL COMMUNICATIONS BOARD WHLA-DT, La Crosse, WI WHRM-DT, Wausau, WI WHWC-DT, Menomonie, WI

-16 - WLEF-DT, Park Falls, WI WPNE-DT, Green Bay, WI

UNIVERSITY OF ALASKA KUAC-DT, Fairbanks, AK

UNIVERSITY OF HOUSTON SYSTEM KUHT-DT, Houston, TX

UNIVERSITY OF NEBRASKA KUON-DT, Lincoln, NE

UNIVERSITY OF WISCONSIN SYSTEM WHA-DT, Madison, WI

WASHINGTON STATE UNIVERSITY KNTW-DT, Richland, WA KWSU-DT, Pullman, WA

WEST CENTRAL ILLINOIS EDUCATIONAL TELECOMMUNICATIONS CORPORATION WMEC-DT, Macomb, IL WQEC-DT, Quincy, IL WSEC-DT, Jacksonville, IL

WINDOW TO THE WORLD COMMUNICATIONS, INC. WTTW-DT, Chicago, IL

WITF, INC. WITF-DT, Harrisburg, PA

WNIN TRI-STATE PUBLIC MEDIA, INC. WNIN-DT, Evansville, IN

WSKG PUBLIC TELECOMMUNICATIONS COUNCIL WSKA-DT, Corning, NY WSKG-DT, Binghamton, NY

-17 -