FCC Biennial Ownership Report Filing Window Now Open

posted on 10.02.2023

The filing window for stations to submit their biennial ownership reports to the FCC is now open and will close Dec. 1, 2023.

The information in the report must reflect the ownership structure as of October 1, 2023.

What types of stations or other entities must file the biennial ownership report?

“All licensees of commercial and non-commercial full power television, Class A television, low power television, AM radio, and FM radio stations, as well as any entity having an attributable interest in  licensees, must file biennial ownership reports,” said Madison Laton, an attorney with TAB Associate member law firm Fletcher Heald & Hildreth. 

Commercial stations will file Form 323 and must pay a $95 per station filing fee.

Non-commercial stations will use Form 323-E and pay no fee.

The biennial ownership reports are filed with the FCC in odd-numbered years like this one using the FCC’s LMS system.

David Oxenford, an attorney with TAB Associate member Wilkinson Barker Knauer, notes the LMS system has, unfortunately, had its share of troubles. 

“These reports not only detail ownership and control of broadcast stations, but also report on the race and gender of station owners, and their other broadcast interests,” Oxenford said. 

Laton and Oxenford, and the July FCC Public Notice announcing the report’s filing window, say stations should take a moment to prepare for the filing before going online.

Laton recommends licensees should “review the last ownership report filed with the FCC to determine if the information remains accurate or must be updated in the report due this year.”

Oxenford concurs.  

“The process of preparing these reports for entities with interests in a licensee and of obtaining FRNs for all attributable entities and individuals can take time (e.g., you need the social security number for all individuals with interest in commercial licensees and the EIN for all entities.”

He cautions that there may be extra work for certain board members of noncommercial licensees, for example. 

Questions? Contact TAB’s Michael Schneider or call (512) 322-9944.

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