Goto Section: 73.3612 | 73.3615 | Table of Contents
FCC 73.3613
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 73.3613 Filing of contracts.
Each licensee or permittee of a commercial or noncommercial AM, FM, TV or
International broadcast station shall file with the FCC copies of the
following contracts, instruments, and documents together with amendments,
supplements, and cancellations (with the substance of oral contracts
reported in writing), within 30 days of execution thereof:
(a) Network service: Network affiliation contracts between stations and
networks will be reduced to writing and filed as follows:
(1) All network affiliation contracts, agreements, or understandings between
a TV broadcast or low power TV station and a national network. For the
purposes of this paragraph the term network means any person, entity, or
corporation which offers an interconnected program service on a regular
basis for 15 or more hours per week to at least 25 affiliated television
licensees in 10 or more states; and/or any person, entity, or corporation
controlling, controlled by, or under common control with such person,
entity, or corporation.
(2) Each such filing on or after May 1, 1969, initially shall consist of a
written instrument containing all of the terms and conditions of such
contract, agreement or understanding without reference to any other paper or
document by incorporation or otherwise. Subsequent filings may simply set
forth renewal, amendment or change, as the case may be, of a particular
contract previously filed in accordance herewith.
(3) The FCC shall also be notified of the cancellation or termination of
network affiliations, contracts for which are required to be filed by this
section.
(b) Ownership or control: Contracts, instruments or documents relating to
the present or future ownership or control of the licensee or permittee or
of the licensee's or permittee's stock, rights or interests therein, or
relating to changes in such ownership or control shall include but are not
limited to the following:
(1) Articles of partnership, association, and incorporation, and changes in
such instruments;
(2) Bylaws, and any instruments effecting changes in such bylaws;
(3) Any agreement, document or instrument providing for the assignment of a
license or permit, or affecting, directly or indirectly, the ownership or
voting rights of the licensee's or permittee's stock (common or preferred,
voting or nonvoting), such as:
(i) Agreements for transfer of stock;
(ii) Instruments for the issuance of new stock; or
(iii) Agreements for the acquisition of licensee's or permittee's stock by
the issuing licensee or permittee corporation. Pledges, trust agreements,
options to purchase stock and other executory agreements are required to be
filed. However, trust agreements or abstracts thereof are not required to be
filed, unless requested specifically by the FCC. Should the FCC request an
abstract of the trust agreement in lieu of the trust agreement, the licensee
or permittee will submit the following information concerning the trust:
(A) Name of trust;
(B) Duration of trust;
(C) Number of shares of stock owned;
(D) Name of beneficial owner of stock;
(E) Name of record owner of stock;
(F) Name of the party or parties who have the power to vote or control the
vote of the shares; and
(G) Any conditions on the powers of voting the stock or any unusual
characteristics of the trust.
(4) Proxies with respect to the licensee's or permittee's stock running for
a period in excess of 1 year, and all proxies, whether or not running for a
period of 1 year, given without full and detailed instructions binding the
nominee to act in a specified manner. With respect to proxies given without
full and detailed instructions, a statement showing the number of such
proxies, by whom given and received, and the percentage of outstanding stock
represented by each proxy shall be submitted by the licensee or permittee
within 30 days after the stockholders' meeting in which the stock covered by
such proxies has been voted. However, when the licensee or permittee is a
corporation having more than 50 stockholders, such complete information need
be filed only with respect to proxies given by stockholders who are officers
or directors, or who have 1% or more of the corporation's voting stock. When
the licensee or permittee is a corporation having more than 50 stockholders
and the stockholders giving the proxies are not officers or directors or do
not hold 1% or more of the corporation's stock, the only information
required to be filed is the name of any person voting 1% or more of the
stock by proxy, the number of shares voted by proxy by such person, and the
total number of shares voted at the particular stockholders' meeting in
which the shares were voted by proxy.
(5) Mortgage or loan agreements containing provisions restricting the
licensee's or permittee's freedom of operation, such as those affecting
voting rights, specifying or limiting the amount of dividends payable, the
purchase of new equipment, or the maintenance of current assets.
(6) Any agreement reflecting a change in the officers, directors or
stockholders of a corporation, other than the licensee or permittee, having
an interest, direct or indirect, in the licensee or permittee as specified
by Sec. 73.3615.
(7) Agreements providing for the assignment of a license or permit or
agreements for the transfer of stock filed in accordance with FCC
application Forms 314, 315, 316 need not be resubmitted pursuant to the
terms of this rule provision.
(c) Personnel: (1) Management consultant agreements with independent
contractors; contracts relating to the utilization in a management capacity
of any person other than an officer, director, or regular employee of the
licensee or permittee; station management contracts with any persons,
whether or not officers, directors, or regular employees, which provide for
both a percentage of profits and a sharing in losses; or any similar
agreements.
(2) The following contracts, agreements, or understandings need not be
filed: Agreements with persons regularly employed as general or station
managers or salesmen; contracts with program managers or program personnel;
contracts with attorneys, accountants or consulting radio engineers;
contracts with performers; contracts with station representatives; contracts
with labor unions; or any similar agreements.
(d)(1) Time brokerage agreements (also known as local marketing agreements):
Time brokerage agreements involving radio stations where the licensee
(including all parties under common ownership) is the brokering entity, the
brokering and brokered stations are both in the same market as defined in
the local radio multiple ownership rule contained in Sec. 73.3555(a), and more
than 15 percent of the time of the brokered station, on a weekly basis is
brokered by that licensee; time brokerage agreements involving television
stations where the licensee (including all parties under common control) is
the brokering entity, the brokering and brokered stations are both licensed
to the same market as defined in the local television multiple ownership
rule contained in Sec. 73.3555(b), and more than 15 percent of the time of the
brokered station, on a weekly basis, is brokered by that licensee; time
brokerage agreements involving radio or television stations that would be
attributable to the licensee under Sec. 73.3555 Note 2, paragraph (i).
Confidential or proprietary information may be redacted where appropriate
but such information shall be made available for inspection upon request by
the FCC.
(2) Joint sales agreements: Joint sales agreements involving radio stations
where the licensee (including all parties under common control) is the
brokering entity, the brokering and brokered stations are both in the same
market as defined in the local radio multiple ownership rule contained in
Sec. 73.3555(a), and more than 15 percent of the advertising time of the
brokered station on a weekly basis is brokered by that licensee.
Confidential or proprietary information may be redacted where appropriate
but such information shall be made available for inspection upon request by
the FCC.
(e) The following contracts, agreements or understandings need not be filed
but shall be kept at the station and made available for inspection upon
request by the FCC; subchannel leasing agreements for Subsidiary
Communications Authorization operation; franchise/leasing agreements for
operation of telecommunications services on the television vertical blanking
interval and in the visual signal; time sales contracts with the same
sponsor for 4 or more hours per day, except where the length of the events
(such as athletic contests, musical programs and special events) broadcast
pursuant to the contract is not under control of the station; and contracts
with chief operators.
[ 44 FR 38512 , July 2, 1979, as amended at 47 FR 21496 , May 18, 1982; 50 FR 4664 , Feb. 1, 1985; 50 FR 30951 , July 31, 1985; 51 FR 9966 , Mar. 24, 1986;
51 FR 15785 , Apr. 28, 1986; 57 FR 18093 , Apr. 29, 1992; 57 FR 42706 , Sept.
16, 1992; 61 FR 36305 , July 10, 1996; 63 FR 70050 , Dec. 18, 1998; 64 FR 50646 , Sept. 17, 1999; 66 FR 9972 , Feb. 13, 2001; 68 FR 46358 , Aug. 5, 2003]
Goto Section: 73.3612 | 73.3615
Goto Year: 2007 |
2009
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