FCC 73.3580 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 73.3580 Local public notice of filing of broadcast applications.
(a) All applications for instruments of authorization in the broadcast
service (and major amendments thereto, as indicated in Sec. Sec. 73.3571, 73.3572,
73.3573, 73.3574 and 73.3578) are subject to the local public notice
provisions of this section, except applications for:
(1) A minor change in the facilities of an authorized station, as indicated
in Sec. Sec. 73.3571, 73.3572, 73.3573 and 73.3574.
(2) Consent to an involuntary assignment or transfer or to a voluntary
assignment or transfer which does not result in a change of control and
which may be applied for on FCC Form 316 pursuant to the provisions of
Sec. 73.3540(b).
(3) A license under section 319(c) of the Communications Act or, pending
application for or grant of such license, any special or temporary
authorization to permit interim operation to facilitate completion of
authorized construction or to provide substantially the same service as
would be authorized by such license.
(4) Extension of time to complete construction of authorized facilities.
(5) An authorization of facilities for remote pickup or studio links for use
in the operation of a broadcast station.
(6) Authorization pursuant to section 325(c) of the Communications Act
(“ * * * studios of foreign stations”) where the programs to be
transmitted are special events not of a continuing nature.
(7) An authorization under any of the proviso clauses of section 308(a) of
the Communications Act concerning applications for and conditions in
licenses.
(b) Applications (as originally filed or amended) will be acted upon by the
FCC no sooner than 30 days following public notice of acceptance for filing
or amendment, except as otherwise permitted in Sec. 73.3542, “Application for
temporary authorization.”
(c) An applicant who files an application or amendment thereto which is
subject to the provisions of this section, must give notice of this filing
in a newspaper. Exceptions to this requirement are applications for renewal
of AM, FM, TV, Class A TV and international broadcasting stations; low power
TV stations; TV and FM translator stations; TV boosters stations; FM
boosters stations; and applications subject to paragraph (e) of this
section. The local public notice must be completed within 30 days of the
tendering of the application. In the event the FCC notifies the applicant
that a major change is involved, requiring the applicant to file public
notice pursuant to Sec. Sec. 73.3571, 73.3572, 73.3573 or 73.3578, this filing
notice shall be given in a newspaper following this notification.
(1) Notice requirements for these applicants are as follows. (i) In a daily
newspaper of general circulation published in the community in which the
station is located, or proposed to be located, at least twice a week for two
consecutive weeks in a three-week period; or,
(ii) If there is no such daily newspaper, in a weekly newspaper of general
circulation published in that community, once a week for 3 consecutive weeks
in a 4-week period; or,
(iii) If there is no daily or weekly newspaper published in that community,
in the daily newspaper from wherever published, which has the greatest
general circulation in that community, twice a week for 2 consecutive weeks
within a 3-week period.
(2) Notice requirements for applicants for a permit pursuant to section
325(b) of the Communications Act (“ * * * Studios of Foreign Stations”)
are as follows. In a daily newspaper of general circulation in the largest
city in the principal area to be served in the U.S.A. by the foreign
broadcast station, at least twice a week for 2 consecutive weeks within a
three-week period.
(3) Notice requirements for applicants for a change in station location are
as follows. In the community in which the station is located and the one in
which it is proposed to be located, in a newspaper with publishing
requirements as in paragraphs (c)(1)(i), (ii) or (iii) of this section.
(4) The notice required in paragraphs (c)(1), (2) and (3) of this section
shall contain the information described in paragraph (f) of this section.
(d) The licensee of an operating broadcast station who files an application
or amendment thereto which is subject to the provisions of this section must
give notice as follows:
(1) An applicant who files for renewal of a broadcast station license, other
than a low power TV station license not locally originating programming as
defined by Sec. 74.701(h), an FM translator station or a TV translator station
license, must give notice of this filing by broadcasting announcements on
applicant's station. (Sample and schedule of announcements are below.)
Newspaper publication is not required. An applicant who files for renewal of
a low power TV station license not locally originating programming as
defined by Sec. 74.701(h), an FM translator station or a TV translator station
license will comply with (g) below.
(2) An applicant who files an amendment of an application for renewal of a
broadcast station lincense will comply with paragraph (d)(1) of this
section.
(3) An applicant who files for modification, assignment or transfer of a
broadcast station license (except for International broadcast, low power TV,
TV translator, TV booster, FM translator and FM booster stations) shall give
notice of the filing in a newspaper as described in paragraph (c) of this
section, and also broadcast the same notice over the station as follows:
(i) At least once daily on four days in the second week immediately
following either the tendering for filing of the application or immediately
following notification to the applicant by the FCC that Public Notice is
required pursuant to Sec. Sec. 73.3571, 73.3572, 73.3573 or Sec. 73.3578. For commercial
radio stations these announcements shall be made between 7 a.m. and 9 a.m.
and/or 4 p.m. and 6 p.m. For stations which neither operate between 7 a.m.
and 9 a.m. nor between 4 p.m. and 6 p.m., these announcements shall be made
during the first two hours of broadcast operation. For commercial TV
stations, these announcements shall be made between 6 p.m. and 11 p.m. (5
p.m. and 10 p.m. Central and Mountain time).
(4) The broadcast notice requirements for those filing renewal applications
and amendments thereto are as follows:
(i) Pre-filing announcements. During the period and beginning on the first
day of the sixth calendar month prior to the expiration of the license, and
continuing to the date on which the application is filed, the following
announcement shall be broadcast on the 1st and 16th day of each calendar
month. Stations broadcasting primarily in a foreign language should
broadcast the announcements in that language.
On (date of last renewal grant) (Station's call letters) was granted a
license by the Federal Communication Commission to serve the public interest
as a public trustee until (expiration date).
Our license will expire on (date). We must file an application for renewal
with the FCC (date four calendar months prior to expiration date). When
filed, a copy of this application will be available for public inspection
during our regular business hours. It contains information concerning this
station's performance during the last (period of time covered by the
application).
Individuals who wish to advise the FCC of facts relating to our renewal
application and to whether this station has operated in the public interest
should file comments and petitions with the FCC by (date first day of last
full calendar month prior to the month of expiration).
Further information concerning the FCC's broadcast license renewal process
is available at (address of location of the station's public inspection
file) or may be obtained from the FCC, Washington, DC 20554.
(A) An applicant who files for renewal of a low power TV station locally
originating programming (as defined by Sec. 74.701(h)) shall broadcast this
announcement, except that statements indicating there is a public inspection
file at the station containing the renewal application and other information
on the license renewal process, shall be omitted.
(B) This announcement shall be made during the following time periods:
(1) For commercial TV stations—at least two of the required announcements
between 6 p.m. and 11 p.m. (5 p.m. and 10 p.m. Central and Mountain Time).
(2) For commercial radio stations—at least two of the required announcements
between 7 a.m. and 9 a.m. and/or 4 p.m. and 6 p.m. For stations which
neither operate between 7 a.m. and 9 a.m. nor between 4 p.m. and 6 p.m., at
least two of the required announcements shall be made during the first two
hours of broadcast operation.
(3) For noncommercial educational stations, at the same time as commercial
stations, except that such stations need not broadcast the announcement
during any month during which the station does not operate.
(4) For low power TV stations locally originating programming (as defined by
Sec. 74.701(h)), at the same time as for commercial TV stations, or as close to
that time as possible.
(ii) Post-filing announcements. During the period beginning of the date on
which the renewal application is filed to the sixteenth day of the next to
last full calendar month prior to the expiration of the license, all
applications for renewal of broadcast station licenses shall broadcast the
following announcement on the 1st and 16th day of each calendar month.
Stations broadcasting primarily in a foreign language should broadcast the
announcements in that language.
On (date of last renewal grant) (Station's call letters) was granted a
license by the Federal Communications Commission to serve the public
interest as a public trustee until (expiration date).
Our license will expire on (date). We have filed an application for renewal
with the FCC.
A copy of this application is available for public inspection during our
regular business hours. It contains information concerning this station's
performance during the last (period of time covered by application).
Individuals who wish to advise the FCC of facts relating to our renewal
application and to whether this station has operated in the public interest
should file comments and petitions with the FCC by (date first day of last
full calendar month prior to the month of expiration).
Further information concerning the FCC's broadcast license renewal process
is available at (address of location of the station's public inspection
file) or may be obtained from the FCC, Washington, DC 20554.
(A) An applicant who files for renewal of a low power TV station locally
originating programming (as defined by Sec. 74.701(h)) shall broadcast this
announcement, except that statements indicating there is a public inspection
file at the station containing the renewal application and other information
on the license renewal process, shall be omitted.
(B) This announcement shall be made during the following time periods:
(1) For commercial TV stations—at least three of the required announcements
between 6 p.m. and 11 p.m. (5 p.m. and 10 p.m. Central and Mountain time),
at least one announcement between 9 a.m. and 1 p.m., at least one
announcement between 1 p.m. and 5 p.m., and at least one announcement
between 5 p.m. and 7 p.m.
(2) For commercial radio stations—at least three of the required
announcements between 7 a.m. and 9 a.m. and/or 4 p.m. and 6 p.m., at least
one announcement between 9 a.m. and noon, at least one announcement between
noon and 4 p.m., and at least one announcement between 7 p.m. and midnight.
For stations which do not operate between 7 a.m. and 9 a.m. or between 4
p.m. and 6 p.m., at least three of the required announcements shall be made
during the first two hours of broadcast operation.
(3) For noncommercial educational stations, at the same time as commercial
stations, except that such stations need not broadcast the announcement
during any month during which the station does not operate. In such
instances noncommercial educational stations shall meet the requirements in
the exact order specified in paragraph (d)(4)(ii)(A) (1) or (2) of this
section (e.g., if only four renewal notices are broadcast by an educational
TV licensee, 3 must be broadcast between 6 p.m. and 11 p.m. and the fourth
between 9 a.m. and 1 p.m.).
(4) For low power TV stations locally originating programming (as defined by
Sec. 74.701(h)), at the same time as for commercial TV stations, or as close to
that time as possible.
(iii) TV broadcast stations (commercial and noncommercial educational), in
presenting the pre- and post-filing announcements, must use visuals with the
licensee's and the FCC's addresses when this information is being orally
presented by the announcer.
(iv) Stations which have not received a renewal grant since the filing of
their previous renewal application, shall use the following first paragraph
for the pre-filing and the post-filing announcements:
(Station's call letters) is licensed by the Federal Communications
Commission to serve the public interest as a public trustee.
(5) An applicant who files for a Class A television license must give notice
of this filing by broadcasting announcements on applicant's station. (Sample
and schedule of announcements are below.) Newspaper publication is not
required.
(i) The broadcast notice requirement for those filing for Class A television
license applications and amendment thereto is as follows:
(A) Pre-filing announcements. Two weeks prior to the filing of the license
application, the following announcement shall be broadcast on the 5th and
10th days of the two week period. The required announcements shall be made
between 6 p.m. and 11 p.m. (5 p.m. and 10 p.m. Central and Mountain Time)
Stations broadcasting primarily in a foreign language should broadcast the
announcements in that language.
On (date), the Federal Communications Commission granted (Station's call
letters) a certification of eligibility to apply for Class A television
status. To become eligible for a Class A certificate of eligibility, a low
power television licensee was required to certify that during the 90-day
period ending November 28, 1999, the station: (1) Broadcast a minimum of 18
hours per day; (2) broadcast an average of at least three hours per week of
programming produced within the market area served by the station or by a
group of commonly-owned low power television stations; and (3) had been in
compliance with the Commission's regulations applicable to the low power
television service. The Commission may also issue a certificate of
eligibility to a licensee unable to satisfy the foregoing criteria, if it
determines that the public interest, convenience and necessity would be
served thereby.
(Station's call letters) intends to file an application (FCC Form 302–CA)
for a Class A television license in the near future. When filed, a copy of
this application will be available at (address of location of the station's
public inspection file) for public inspection during our regular business
hours. Individuals who wish to advise the FCC of facts relating to the
station's eligibility for Class A status should file comments and petitions
with the FCC prior to Commission action on this application.
(B) Post-filing announcements. The following announcement shall be broadcast
on the 1st and 10th days following the filing of an application for a Class
A television license. The required announcements shall be made between 6
p.m. and 11 p.m. (5 p.m. and 10 p.m. Central and Mountain Time). Stations
broadcasting primarily in a foreign language should broadcast the
announcements in that language.
On (date of filing license application) (Station's call letters) filed an
application, FCC Form 302–CA, for a Class A television license. Such
stations are required to broadcast a minimum of 18 hours per day, and to
average at least 3 hours of locally produced programming each week, and to
comply with certain full-service television station operating requirements.
A copy of this application is available for public inspection during our
regular business hours at (address of location of the station's public
inspection file). Individuals who wish to advise the FCC of facts relating
to the station's eligibility for Class A status should file comments and
petitions with the FCC prior to Commission action on this application.
(ii) [Reserved]
(e) When the station in question is the only operating station in its
broadcast service which is located in the community involved, or if it is a
noncommercial educational station, publication of the notice in a newspaper,
as provided in paragraph (c) of this section is not required, and
publication by broadcast over that station as provided in paragraph (d) of
this section shall be deemed sufficient to meet the notice requirements of
this section. Noncommercial educational broadcast stations which do not
broadcast during the portion of the year in which the period of broadcast of
notice falls must comply with the provisions of paragraph (c) of this
section.
(f) The notice required by paragraphs (c) and (d) of this section shall
contain, when applicable, the following information, except as otherwise
provided in paragraphs (d) (1) and (2) and (e) of this section in regard to
renewal applications:
(1) The name of the applicant, if the applicant is an individual; the names
of all partners, if the applicant is a partnership; or the names of all
officers and directors and of those persons holding 10% or more of the
capital stock or other ownership interest if the applicant is a corporation
or an unincorporated association. (In the case of applications for
assignment or transfer of control, information should be included for all
parties to the application.)
(2) The purpose for which the application was or will be filed (such as,
construction permit, modification, assignment or transfer of control).
(3) The date when the application or amendment was tendered for filing with
the FCC.
(4) The call letters, if any, of the station, and the frequency or channel
on which the station is operating or proposes to operate.
(5) In the case of an application for construction permit for a new station,
the facilities sought, including type and class of station, power, location
of studios, transmitter site and antenna height.
(6) In the case of an application for modification of a construction permit
or license, the exact nature of the modification sought.
(7) In the case of an amendment to an application, the exact nature of the
amendment.
(8) In the case of applications for a permit pursuant to Section 325(b) of
the Communications Act (“* * * studios of foreign stations”), the call
letters and location of the foreign radio broadcast station, the frequency
or channel on which it operates, and a description of the programs to be
transmitted over the station.
(9) A statement that a copy of the application, amendment(s), and related
material are on file for public inspection at a stated address in the
community in which the station is located or is proposed to be located. See
Sec. Sec. 73.3526 and 73.3527.
(g) An applicant who files for authorization or major modifications, or a
major amendment thereto, for a low power TV, TV translator, TV booster, FM
translator, or FM booster station, must give notice of this filing in a
daily, weekly or biweekly newspaper of general circulation in the community
or area to be served. Likewise, an applicant for assignment, transfer or
renewal, or a major amendment thereto, for a low power TV, TV translator or
FM translator station, must give this same type of newspaper notice. The
filing notice will be given immediately following the tendering for filing
of the application or amendment, or immediately following notification to
the applicant by the FCC that public notice is required pursuant to
Sec. Sec. 73.3572, 73.3573, or 73.3578.
(1) Notice requirements for these applicants are as follows:
(i) In a newspaper at least one time; or
(ii) If there is no newspaper published or having circulation in the
community or area to be served, the applicant shall determine an appropriate
means of providing the required notice to the general public, such as
posting in the local post office or other public place. The notice shall
state:
(A) The name of the applicant, the community or area to be served, and the
transmitter site.
(B) The purpose for which the application was filed.
(C) The date when the application or amendment was filed with the FCC.
(D) The output channel or channels on which the station is operating or
proposes to operate and the power used or proposed to be used.
(E) In the case of an application for changes in authorized facilities, the
nature of the changes sought.
(F) In the case of a major amendment to an application, the nature of the
amendment.
(G) A statement, if applicable, that the station engages in or intends to
engage in rebroadcasting, and the call letters, location and channel of
operation of each station whose signals it is rebroadcasting or intends to
rebroadcast.
(H) A statement that invites comment from individuals who wish to advise the
FCC of facts relating to the renewal application and whether the station has
operated in the public interest.
(h) The applicant may certify in the appropriate application that it has or
will comply with the public notice requirements contained in paragraphs (c),
(d) or (g) of this section. However, an applicant for renewal of a license
that is required to maintain a public inspection file, shall, within 7 days
of the last day of broadcast of the required publication announcements,
place in its public inspection file a statement certifying compliance with
Sec. 73.3580 along with the dates and times that the pre-filing and post-filing
notices were broadcast and the text thereof. This certification need not be
filed with the Commission but shall be retained in the public inspection
file for as long as the application to which it refers.
(i) Paragraphs (a) through (h) of this section apply to major amendments to
license renewal applications. See Sec. 73.3578(a).
[ 44 FR 38504 , July 2, 1979, as amended at 44 FR 65765 , Nov. 15, 1979; 45 FR 6402 , Jan. 28, 1980; 46 FR 36852 , July 16, 1981; 47 FR 17066 , Apr. 21, 1982;
49 FR 33664 , Aug. 24, 1984; 49 FR 47844 , Dec. 7, 1984; 50 FR 40015 , Oct. 1,
1985; 52 FR 21686 , June 9, 1987; 52 FR 31401 , Aug. 20, 1987; 53 FR 26074 ,
July 11, 1988; 57 FR 14647 , Apr. 22, 1992; 58 FR 51251 , Oct. 1, 1993; 65 FR 30008 , May 10, 2000; 65 FR 34406 , May 30, 2000]
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