Advantages of the Alternative Broadcast Inspection Program
It’s no news that the price tag for an FCC fine has been rising steadily over the past five years but some broadcasters still feel secure in their belief that they will never have a visit from a Field Agent. After all, many of you have had extensive careers free from an FCC complaint or inspection. Some of you have had brief interactions with the FCC, and a few of you have had multiple encounters that have left you feeling like the agency has followed you from station to station. No matter what your level of involvement with the FCC has been, the Nevada Broadcasters Association’s Alternative Broadcast Inspection Program, or ABIP, is designed to relieve you of the burden of a surprise FCC inspection. When your station passes our inspection it’s issued an ABIP certificate which exempts you from unannounced FCC inspections for a three year period.
There is no mystery to ABIP. The program was set up more than 15 years ago through an agreement between the state broadcaster associations and the FCC. The agreement provides that stations can contract with their state broadcaster association to have an FCC-approved inspector go through their facilities and determine whether they are compliant with current regulations. The ABIP inspector does not come with a badge or citation book, so they help you find and fix problems without the threat of an FCC Notice of Violation and fine.
Stations do not have to be association members to take advantage of ABIP but association membership often carries a significant price discount. In Nevada, ABIP is free to NBA member stations. Non-NBA members are charged $600.00 per station plus expenses making NBA membership a significant advantage. NBA’s Field Engineer, Adrienne Abbott-Gutierrez, conducts the NBA’s inspections. Adrienne is an FCC-trained and approved ABIP inspector and veteran broadcaster who holds an FCC General Class (former First) license. She is also the Chair of the EAS State Emergency Communications Committee.
It is important that as a station manager, you understand the emphasis the FCC puts on the broadcaster associations to conduct complete, thorough and extensive inspections. The agency expects organizations like the Nevada Broadcasters Association to maintain the integrity and high standards of a program that is designed to protect responsible broadcasters from the stress of a surprise FCC inspection while allowing the FCC to concentrate on specific broadcast problem areas
Not everything is covered by the ABIP process. According to the contract, your EEO and Political files are exempt from ABIP protection. So are environmental factors such as RF radiation levels. The FCC can still check these areas of your operation through programs like their EEO audits or targeted tower inspections. If they find a violation in these areas, then they can conduct a complete station inspection, regardless of your ABIP certificate. And the FCC can still conduct an inspection of your station if a specific complaint has been filed against your station. However, those inspections are strictly limited to areas specifically related to the complaint and Field Agents looking into the complaint are not allowed to go “Easter-egging” through your entire operation.
ABIP protection starts when the contracts are signed and if problems are found you have 150 days from signing to bring your station into compliance to receive a certificate. The protection of the ABIP certificate lasts for three years, and then you are eligible to have to have another inspection.
If you aren’t sure if your station is ready for an inspection you can do a self-inspection using the FCC Broadcast Checklist. These forms are available on the FCC website at: http://www.fcc.gov/eb/bc-chklsts/. The checklists are easy to follow and can help you determine if your station will pass an inspection. If you find a problem, you will know what action to take to pass the inspection
The inspections generally take a day to complete, depending on weather and the transmitter location. The inspection begins with an overview of the process with the General Manager. The person responsible for the Public File, the General Sales Manager, the Chief Engineer, the Chief Operator are all needed at various points in the process. During the inspection notes will be made about the status of your operation. There will be questions and discussions about your operations, documentation and record-keeping. You will receive a list of recommendations and if any areas are found to be non-compliant, you will have the opportunity to discuss the appropriate actions and alternatives needed to bring the station into compliance. The notes and discussions are confidential and not shared with anyone. If no significant corrections are needed, you will receive your Certificate of Compliance. The Certificate should be prominently displayed in your lobby.
ABIP can be useful in ways besides keeping the FCC from your door. If you are buying or selling a station, you might consider how knowing whether the station is compliant with current FCC regulations can help in the sale or purchase. Knowing that the station has an incomplete Public File, non-functioning EAS equipment or an outdated auxiliary license could give you an advantage and help you avoid problems at license renewal.
Because the ABIP process includes a thorough review of your Public File, your staff has an opportunity during the inspection to learn more about keeping these important documents, developments in the FCC attitude toward the Public File and changes in Public File requirements. Inspected stations also receive regular notices of filing deadlines for routine Public File reports and any changes or updates made by the FCC.
If you are interested in having an ABIP inspection or would like more information, please contact Adam Sandler in the NBA Las Vegas office at 702-794-4994 or in Northern Nevada, Adrienne Abbott-Gutierrez at 775-750-5987.
2010 ABIP Station Contract 2010 ABIP Contract Summary |
