As the commission works its way through proposals in the Delete, Delete, Delete docket, it’s a good time for broadcasters and station employees to refresh their memory on what recordkeeping requirements are still on the books.
Many of the questions we get relate to FCC logs. The basic station log requirement is found at §73.1800 of the FCC Rules, and the contents are detailed at §73.1820.
While the amount of information required to be kept in a station log is significantly less than many imagine, broadcasters should familiarize themselves with the station log requirements to avoid any FCC fines.
The station log must be kept by a station employee “competent to do so” and who has “actual knowledge of the facts.”
Thus, the GM should assign the task to an employee who understands the rules and is trained in the engineering required for some of the special readings that may be required to be logged, depending on the station’s circumstances.
All entries must accurately reflect the actual operation of the station. The employee who makes an entry must sign the log. His or her signature serves as a personal and legal attestation that the entry, as well as any corrections or additions to it, are accurate.
The log must record all the details required for that type and class of station, and it must be readily available to be read without special requirements or lapse of time. All logs kept on paper must have all the pages numbered and dated with the time entries in local time indicated as either daylight savings or standard.
Here is a list of station log requirements:
- You are required to make regular observations of tower lights (at least once every 24 hours, unless a compliant automatic monitoring system is used). You are not required to log these regular observations unless the lights are extinguished or malfunctioning, in which case the log must note the nature of the problem, the date and time of extinguishment or improper operation, and the date, time and nature of adjustments, repairs or replacements.
- A record of any entries that are specifically required on the station license or other instrument of authorization.
- Each test and activation of the Emergency Alert System. The EAS records may be kept in a special log, in which case the EAS log is considered a part of the station log.
- The records for the logs can be maintained manually, or by the use of automatic devices, provided they are calibrated and records are kept of the calibration. The equipment used for automatic recording must conform to other specifics found in the rules at §73.1215.
- The logs must be kept for a period of two years. However, logs involving communications incident to a disaster or regarding an FCC investigation must be retained until authorized for destruction by the FCC. If the log relates to a complaint of which the licensee has received notice, relevant records must be maintained until the matter has been fully resolved or the applicable statute of limitations has run.
- The logs may be maintained manually or electronically, provided that they can be made readily available for suitable viewing. If special equipment is required for viewing, it must be available to permit FCC inspection. Logs stored on data storage systems have to be made available as full-sized copies when requested by the FCC or when requested by the public, if authorized for public inspection under FCC Rules.
- Directional AM stations have special requirements if they do not have an FCC-approved antenna sampling system. This is a very technical area and the station engineer should consult §73.1820 for details.
There is no longer a requirement to keep program logs or records of material that is broadcast, whether it is commercial matter or programming, as part of the station log.
Note, however, that broadcasters are still required to comply with their public file obligations, including the quarterly report of issues and programs and the political file requirements. The public file is separate from the station log or a program log, neither of which the public has a right to see, and these obligations might change through the Delete, Delete, Delete proceeding.
Even though a program log is not required by the FCC, many licensees maintain one anyway as a convenient and reliable record of spots and other material that has been broadcast.
Such program logs can be used for internal and business purposes, for example, to document for advertisers, agencies or reps that a spot was actually broadcast (and when). It can also be useful to supplement requirements for the political file.
Even though program logs are not subject to public inspection, there is a risk: FCC staff might ask to see them, or, if relevant, they could be subpoenaed as evidence in a lawsuit alleging station wrongdoing. Thus, licensees will have to determine whether maintaining such a log is worthwhile.
Tip: It’s a good idea to keep a copy of the FCC rules at the station. They can be ordered in hard copy from the Government Publishing Office or easily found on the internet. Here’s a direct link to the FCC rules relating to broadcasting.
How must logs be signed?
Interestingly, this question keeps popping up. It seems to result from what may turn out to be one of the great myths in broadcasting: that FCC rules require that the station log be signed in wet ink only, and that it must be blue ink.
Here are some actual questions station managers have asked:
- Our operators maintain our log on a computer. Can I simply use the computer records, or do I need to print them out in paper, have them signed and then produce the paper copy when asked for it?
- Our operators maintain our log on a computer and sign a separate affidavit when they come on shift and go off shift. Is this needed or can they initial the entries on the log and then have an affidavit matching the initials to the persons signature?
- Must the Chief Operator physically sign the station log when reviewed or can he type his name or initials and provide an affidavit matching the initials to the signature?
- We’ve been having some trouble confirming an FCC requirement that logs be signed using only black or blue ink. Is that true?
A look at the rules confirms there is no substance to the myths and rumors behind these questions.
Section 73.1820(a) of the rules permits the logs to be prepared by electronic means with automatic entries. Since this is an explicit recognition of computerized logging equipment, and since other sections of the rules permit maintaining files by electronic storage so long as a reader is available for anyone entitled to access them, it is clear that the FCC sanctions maintaining the station log by electronic means.
Nothing more is said about the manner of the signature, so normal evidence rules would simply require that the signature could be by any means where its authenticity could be proven.
Moreover, there is no specific rule dealing with the manner of signature. Since an operator is permitted to use electronic record-keeping, it is logical that he or she could designate a verifiable method for electronic signature.
The key would be that the operator must be able to demonstrate that the signature, by whatever method, may be entered only by the intentional act of the authorized person and only after verifying that the required actions have been performed.
That the federal government, and the FCC specifically, is ready to accept electronic signature has been demonstrated in several ways. The Electronic Signatures Act (Public Law No: 106-229) was enacted and became effective on Oct. 1, 2000. The act affords electronic contracts the same weight as those executed on paper. Indeed, President Clinton signed it electronically.
It specifically states that it does not limit or supersede any requirement by a federal or state regulatory agency, but since there are none in the FCC rules, Congress’ recognition of the effectiveness of electronic signatures supports its use for FCC log purposes.
A search of the FCC regulations, policy documents and cases confirms that the FCC has not spoken to this topic in any way that would invoke the limitations of the Electronic Signatures Act with respect to broadcast station logs. Moreover, in the maritime service, the commission specifically permitted maintaining station logs by electronic signature, and electronic signatures are permitted for filing broadcasting FCC applications in the Licensing and Management System. The conclusion that electronic signatures are permitted is further supported by these rules.
Moving back to signatures signed in hand, there is also a perception that station logs must be signed in blue ink. Others believe it has to be black. Here too, there is no such FCC rule. The important factor is, again, the evidentiary consideration that the log be signed in any manner that shows that it is an actual, verifiable signature.
Note: Some readers have reported confusion over the story’s original wording about regular observations of tower lights. For clarification: Logging of your required regular observations is not required. However, if extinguished or malfunctioning lighting is observed, the log must include the nature of the problem, the date and time of extinguishment or improper operation, and the date, time and nature of adjustments, repairs, or replacements.
This column is for general information and should not be relied upon as legal advice pertaining to a specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.
