Biennial Form 323 FAQs

Answers to Biennial Form 323 Frequently Asked Questions

1.   Who must file the Biennial Form 323?
2.   When must Licensees and other Respondents file the Biennial Form 323?
3.   Who is required to file Biennial Form 323 for a station that was assigned or transferred after October 1, 2021?
4.   How do I file Form 323?
5.   Does a Licensee need to file a separate Form 323 for each of its stations?
6.   Does an entity that holds attributable interests in multiple Licensees need to file a separate Form 323 for each Licensee?
7.   How do I copy information from one Form 323 filing to another Form 323 filing?
8.   What is an FRN and who is required to report one on Form 323?
9.   How do I obtain a standard CORES FRN for an individual or an entity?
10.   How do I obtain a Restricted Use FRN for an individual?
11.   Who can report a Special Use FRN on Form 323?  Are there any special requirements regarding the use of Special Use FRNs on Form 323?
12.   How should I report the percentage of votes, equity, and total assets held by an attributable interest holder?
13.   How should a trust be reported on Form 323?
14.   How do I report jointly held voting interests?
15.   If an individual or entity has attributable interests in additional broadcast stations that aren’t covered by this Form 323 filing, do I need to list those other broadcast interests on the filing?
16.   Where can I obtain a copy of a Form 323 filing in LMS if I do not know the file number or the FRN and password that the filer used to log in to LMS to prepare the filing?
17.   My ownership information has not changed since the last biennial report.  Can I just resubmit it?

1.   Who must file the Biennial Form 323?

   Licensees of commercial AM, FM, full-power television, Class A television, and low-power television (LPTV) broadcast stations must file Form 323 every two years in order to report all attributable interests in the Licensee.

   In the case of ownership structures that include parent companies or other forms of indirect ownership, a separate Form 323 must be filed for each entity in the organizational structure that has an attributable interest in the Licensee.  (Each Licensee and attributable entity that is required to file Form 323 is referred to as a Respondent.)  Where a non-Licensee Respondent holds attributable interests in multiple Licensees and the information submitted on the Respondent’s ownership report is equally applicable to each Licensee and all licenses, the Respondent may file a single Form 323 listing all such Licensees and licenses.  For more information on this, please see the answer provided to Question 6.

   An individual must be reported on a Respondent’s Form 323 filing if the individual has an attributable interest in the Respondent (e.g. because the individual is an officer, director, member, partner, or owns voting stock/shares in the Respondent).  An individual is not required to file a separate Form 323 unless they are a sole-proprietor Licensee.

2.   When must Licensees and other Respondents file the Biennial Form 323?

   Biennial Form 323 must be filed by December 1 in all odd-numbered years. Accordingly, the 2021 filing window will open on October 1, 2021, and Form 323 biennial reports must be filed by December 1, 2021.  The information reported on Biennial Form 323 must be current as of October 1, 2021.

   All Respondents are required to file a 2021 Biennial Form 323 by December 1, 2021, regardless of when the last ownership report was filed.  In other words, even if the Respondent filed Form 323 less than two years ago (e.g., to comply with the requirement to file a non-biennial, post-consummation ownership report after consummating an authorized assignment or transfer of control of an AM, FM, or full-power television station), the Respondent must still file Biennial Form 323 by December 1, 2021, and the filing must provide information reflecting ownership interests existing as of October 1, 2021.

3.   Who is required to file Biennial Form 323 for a station that was assigned or transferred after October 1, 2021?

   If a station is assigned or transferred after October 1, 2021, the entity or individual that was the Licensee of the station as of October 1, 2021, is required to file a biennial ownership report on behalf of that station, even if the assignment or transfer was consummated before or during the filing window.  In addition, a separate Form 323 must be filed for each entity that held an attributable interest in the Licensee of the station as of October 1, 2021.

4.   How do I file Form 323?

   Form 323 must be filed electronically within the Commission’s Licensing and Management System (LMS), https://enterpriseefiling.fcc.gov/dataentry/login.html.  While you may use any valid FRN and password to log into LMS, you will need the Respondent’s FRN and password to file Form 323.  To learn what an FRN is and how to obtain one, please see the answer provided to Question 8 below.

   Bureau staff conducted an information session on the filing of Form 323/323-E on November 28, 2017.  Follow this link to view a recording of the session:  https://www.fcc.gov/news-events/events/2017/11/biennial-forms-323-and-323-e-information-session.  For questions not answered by the recording and these FAQs, please contact the Biennial Form 323/323-E Team at form323@fcc.gov.  Note:  The Commission will not accept a Form 323 ownership report that is mailed or e-mailed to the Commission; all forms must be filed electronically in LMS.

5.   Does a Licensee need to file a separate Form 323 for each of its stations?

   If a Licensee holds multiple station licenses and the information submitted on the Licensee’s ownership report is equally applicable to each license, the Licensee may file a single Form 323 listing all such licenses.

6.   Does an entity that holds attributable interests in multiple Licensees need to file a separate Form 323 for each Licensee?

   If an entity holds attributable interests in multiple Licensees and the information submitted on the entity’s ownership report is equally applicable to each Licensee and all licenses, the entity may file a single report listing all such Licensees and licenses.  However, an entity that both (1) is a Licensee and (2) holds attributable interests in one or more Licensees must file two ownership reports—one as a Licensee Respondent and one as a non-Licensee Respondent.

7.   How do I copy information from one Form 323 filing to another Form 323 filing?

   There are two ways to copy information from an existing Form 323 that was previously filed in LMS.  In addition, as discussed below, it is also possible to copy a draft (unfiled) Form 323 that you have saved on the dashboard in your LMS account.

   Copying from a Previous Filing:  One way to copy from a previous Form 323 filing is to start a new Form 323 and then enter the file number associated with the previous filing in the box provided on the General Information page of the new filing. This method of copying allows you copy information from any Form 323 that was filed in LMS, regardless of who filed it.

   The other way to copy information from a previous Form 323 filing is to log in to LMS using the same FRN and password that was used to log in to LMS to prepare the previous filing. (If you do not have this FRN and password, you can still copy from the filing using the method discussed in the paragraph above.) Then, go to the “Reports” tab and click the file number associated with Form 323 filing you wish to copy. On the next screen, click “File an Application” and then select “Copy to Biennial” or “Copy to Non-Biennial,” depending on whether you wish to create a new biennial or non-biennial Form 323 filing.

   Copying from a Saved Form 323 in LMS:  If you have filled out and saved a draft ownership report on the current version of Form 323, you can click the “Copy” button next to the draft report on the “Saved Applications” tab in LMS.  You can then edit the duplicate copy to add or change information and save it as a separate draft Form 323 filing.

   For account security reasons, it is not possible to copy a draft (unfiled) copy of a form that was created in a different account in LMS.  However, after the form is filed and receives an FCC file number, it can be copied using the method described above for copying from a previous filing.

8.   What is an FRN and who is required to report one on Form 323?

   An FCC Registration Number (FRN) is a 10-digit number that is assigned to an individual or entity by the FCC and is used, in part, to identify that individual or entity on FCC forms. For purposes of identifying individuals and entities reported on Form 323, there are three types of FRNs:  1) A standard FRN obtained through the Commission’s Registration System (CORES) for use by an individual or entity (CORES FRN); 2) A Restricted Use FRN, which can also be obtained through CORES, but only for the purpose of reporting an individual (not an entity) on Form 323/323-E if that individual does not have a CORES FRN and is not a sole-proprietor Licensee; and 3) A Special Use FRN, which may be used to report an individual (not an entity) on Form 323 only in certain limited circumstances as discussed below.

   A unique FRN must be provided on Form 323 for each individual and entity reported on the form.  See the FCC Form 323 Instructions and the FAQs below for more guidance on FRN usage

9.   How do I obtain a standard CORES FRN for an individual or an entity?

   Please visit the CORES website to register an individual or entity for a standard CORES FRN.  Generally, you will need to provide the Taxpayer Identification Number (TIN) of the individual or entity in order to obtain a standard CORES FRN for that individual or entity.  The TIN is kept confidential and cannot be viewed by the public.  However, in limited circumstances, a standard CORES FRN may be obtained without providing a TIN for the individual or entity.  For assistance with standard CORES FRN registration, please contact the FCC Licensing Hotline at (877) 480-3201, Monday – Friday, 8:00 am – 6:00 pm ET, or submit a help request online at https://esupport.fcc.gov/request.htm.  Remember, if an individual or entity is reported on multiple ownership reports, a single FRN must be used consistently to report that individual or entity on all of the reports.  Filers should coordinate with each other as necessary to ensure consistent reporting of FRNs for individuals and entities that appear on multiple ownership reports.  Licensees and attributable entities must always be reported with a standard CORES FRN, but as discussed below, an individual may be reported with a Restricted Use FRN if the individual isn’t a sole-proprietor Licensee and does not have a CORES FRN.

10.   How do I obtain a Restricted Use FRN for an individual?

    The Restricted Use FRN is available for use only on Form 323/323-E and only for individuals who are not sole-proprietor Licensees and do not have a standard CORES FRN.  To obtain a Restricted Use FRN, please visit the FCC’s updated CORES website.  Note: Restricted Use FRN registration is available only in the updated CORES, which requires a username and password for each account.  Where appropriate, multiple standard CORES FRNs and Restricted Use FRNs can be managed within a single CORES username account.  Please be sure to use the link provided above to access the updated CORES website.

    On the updated CORES website, enter a username and password to log in to an existing CORES username account, or register for a new username account.  Once you have logged in, select “Register New FRN,” and then select the radio button next to “An Individual.”  On the next page, select “Restricted Use FRN Registration.” On the Restricted Use FRN Registration page, you need to provide the individual’s 1) full name; 2) residential address; 3) date of birth; and 4) only the last four digits of the individual’s Social Security Number.  Only the individual’s full name and Restricted Use FRN will be displayed publicly on the CORES website.  The rest of the identifying information is stored confidentially in CORES.  For technical assistance with Restricted Use FRN registration, please contact the FCC Licensing Hotline at (877) 480-3201, Monday – Friday, 8:00 am – 6:00 pm ET, or submit a request online at https://esupport.fcc.gov/request.htm.

    Remember, a standard CORES FRN must be used to report an individual on Form 323/323-E if the individual already has a standard CORES FRN or if the individual is a sole-proprietor Licensee.  Otherwise, an individual may register for and report only one Restricted Use FRN, and the Restricted Use FRN may be used only on Form 323/323-E.  If a person is reported on multiple ownership reports, a single FRN must be used consistently to report that person on all of the reports.  Filers should coordinate with each other as necessary to ensure consistent reporting of FRNs for individuals and entities that appear on multiple ownership reports.

11.   Who can report a Special Use FRN on Form 323? Are there any special requirements regarding the use of Special Use FRNs on Form 323?

    In the 323 and 323-E Order, the Commission concluded that the Special Use FRN will continue to be available for individuals reported on the Form 323, but noted that a Special Use FRN should be used for an individual only after making “reasonable and good-faith efforts” to obtain an Restricted Use FRN or CORES FRN from or on behalf of the individual.  As discussed above, all entities and licensees who are individuals must be reported with a standard CORES FRN; they cannot be reported with a Restricted Use FRN or a Special Use FRN.  Below is guidance for reporting Special Use FRNs on Form 323.  (A different standard applies to the use of Special Use FRNs on Form 323-E for noncommercial broadcast stations.  For guidance on reporting Special Use FRNs on Form 323-E, please click here for the Biennial Form 323-E FAQs.)

    First, if an individual already has a standard CORES FRN or a Restricted Use FRN, the Respondent must report that existing FRN for the individual.  Before reporting a Special Use FRN for an individual listed on Form 323, the filer must make “reasonable and good-faith efforts” to obtain a standard CORES FRN or Restricted Use FRN from or on behalf of the individual.  “Reasonable and good-faith efforts” include instructing the individual of his/her obligations and the risk of enforcement action for failing to provide the information needed to enable the filer to report a CORES FRN or Restricted Use FRN for the individual.  A Special Use FRN may be reported for the individual only if (s)he still refuses to provide a means of reporting a valid CORES FRN or Restricted Use FRN after the filer has made reasonable and good-faith efforts as discussed above.  If a Special Use FRN is reported on Form 323, the Commission may take enforcement action against the filer or the “recalcitrant individual.”  However, the filer will be exempt from such enforcement action if the filer substantiates that it used reasonable and good-faith efforts as discussed above and in the 323 and 323-E Order at paras 56-58.

    If, after meeting the requirements discussed above, you find that you must report a Special Use FRN for an individual, please determine if a Special Use FRN has been reported previously for that individual.  To do so, you should review a previously filed Form 323/323-E on which the individual was reported.  (You may use the search function discussed in Question 16 below to pull a list of Form 323/323-E filings on which the individual’s name appears.)  If the individual was previously reported with a Special Use FRN, you should use the existing Special Use FRN to report the individual on Form 323. (Special Use FRNs begin with “999”.)  If you discover that multiple Special Use FRNs were reported for the individual, please pick one and be sure to use it consistently going forward.  When using an existing Special Use FRN for the first time on the LMS version of Form 323, you will need to enter the name of the individual you are reporting with the Special Use FRN.  To do so, click the “Edit Special Use FRN” link on the Add Ownership Interests page of Form 323 in LMS and enter the name of the individual for whom the Special Use FRN is being reported

    If you need to create a new Special Use FRN for an individual, you may do so by clicking the “Create Special Use FRN” link on the Add Ownership Interests page of Form 323 in LMS.  You will be prompted to enter a name, which will then be pre-filled each time the Special Use FRN is validated on Form 323/323-E.

    If you need to correct or update the name associated with a Special Use FRN (e.g., to reflect a change to the individual’s legal name), you may do so by clicking the “Edit Special Use FRN” link.  The Edit Special Use FRN functionality is intended to accommodate updates needed to reflect changes to an individual’s legal name or to correct an error.

    Special Use FRNs may be used only as discussed above for individuals (not entities) reported on Form 323/323-E and not for any other purpose.  If a person is reported on multiple ownership reports, a single FRN must be used to report that person on all of the reports.  Filers should coordinate with each other as necessary to ensure consistent reporting of FRNs for individuals and entities that appear on multiple ownership reports.

    Form 323 filers should also review the FCC Form 323 Instructions for guidance on FRN usage.

12.   How should I report the percentage of votes, equity, and total assets held by an attributable interest holder?

    Percentages reported on Form 323 must be rounded to the first decimal place.  For example, a filer should report an attributable interest holder’s 35.66% voting interest in the Respondent as 35.7.  Similarly, a 100% equity interest in the Respondent should be reported as 100.0, and a 0% equity interest should be reported as 0.0.

    If an interest holder holds an attributable interest in the Respondent solely pursuant to the Commission’s Equity Debut Plus standard, report the interest holder’s percentage of total assets (Equity Debt Plus) in the field provided.  Otherwise, leave the total assets (Equity Debt Plus) field blank.  For more guidance on the Equity Debt Plus standard, please review the FCC Form 323 Instructions and Section 73.3555, Note 2(i) of the Commission’s rules.”)

13.   How should a trust be reported on Form 323?

    A trust should be reported as an entity, not as an individual.  Accordingly, a trust with an attributable interest in the Licensee must obtain and be reported with a standard CORES FRN on Form 323.  (A trust that does not have a Taxpayer Identification Number may obtain a standard CORES FRN by selecting “Exempted Activities” on the list of exemptions in CORES.)  In addition, the trust must also file a separate Form 323 as a non-Licensee Respondent, and the trustees (but not the beneficiaries) must be listed in the Ownership Interests section of the Form 323 ownership report filed by the trust.

14.   How do I report jointly held voting interests?

    Filers are required to disclose when two or more parties hold a voting interest in the Respondent jointly.  For example, two parties may hold 100 percent of the voting interest in an entity together, as joint tenants (as opposed to each holding 50 percent of the voting interests).  Similarly, agreements for partnerships or limited liability companies may specify that two or more individuals must exercise voting power together.  Select “yes” or “no” on each subform in the Ownership Interests section of Form 323 to indicate whether a voting interest is held jointly by two or more parties.

15.   If an individual or entity has attributable interests in additional broadcast stations that aren’t covered by this Form 323 filing, do I need to list those other broadcast interests on the filing?

    Filers are not required to list each broadcast station in which an interest holder (other than the Respondent) listed on Form 323 has an attributable interest.  Instead, filers must select radio buttons on the relevant subform to indicate whether an interest holder reported on that subform also has an attributable interest in one or more broadcast stations other than those covered by the Respondent’s ownership report.

16.   Where can I obtain a copy of a Form 323 filing in LMS if I do not know the file number or the FRN and password that the filer used to log in to LMS to prepare the filing?

    The Media Bureau has implemented a specialized ownership report search within LMS that enables filers and other interested persons to search LMS for Form 323/323-E filings using multiple criteria, including call sign, facility ID number, name, and/or FRN, among other things.  The specialized ownership report search is available via the LMS public search webpage, https://enterpriseefiling.fcc.gov/dataentry/public/tv/publicSearchLanding.html.

17.   My ownership information has not changed since the last biennial report.  Can I just resubmit it?

    Yes.  To do so, launch a new biennial report in LMS.  Select “Biennial” under filing purpose, and enter the file number of the previous biennial report in the box provided.  The system will then start a new report, pre-filling it with information from the previous biennial filing.  You can make any changes that you need to the information, complete the certification, and submit the report.
    
    Alternatively, if you are absolutely sure that your current ownership information is identical to the information in the previous biennial report, and that no changes to any information are required, you can instead select “Validation and resubmission of a previously filed biennial report” under filing purpose and enter the file number of the previous biennial report in the box provided.  The resulting report will contain the information from the previous biennial. You can then complete the certification and submit the report.  Please note that if you select the “Validate and Resubmit” option, you will NOT be able to change any of the information contained in the report, either in the initial filing or later via amendment.  Accordingly, if your new biennial report includes any changes from the information contained in the previous biennial report DO NOT select the “Validation and resubmission of a previously filed biennial report” filing purpose.