Goto Section: 73.3593 | 73.3597 | Table of Contents
FCC 73.3594
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 73.3594 Local public notice of designation for hearing.
(a) Except as otherwise provided in paragraph (c) of this section when
an application subject to the provisions of § 73.3580 (except for
applications for International broadcast, low power TV, TV translator,
FM translator, and FM booster stations) is designated for hearing, the
applicant shall give notice of such designation as follows: Notice
shall be given at least twice a week, for 2 consecutive weeks within
the 3-week period immediately following release of the FCC's order,
specifying the time and place of the commencement of the hearing, in a
daily newspaper of general circulation published in the community in
which the station is located or proposed to be located.
(1) However, if there is no such daily newspaper published in the
community, the notice shall be given as follows:
(i) If one or more weekly newspapers of general circulation are
published in the community in which the station is located or proposed
to be located, notice shall be given in such a weekly newspaper once a
week for 3 consecutive weeks within the 4-week period immediately
following the release of the FCC's order, specifying the time and place
of the commencement of the hearing;
(ii) If no weekly newspaper of general circulation is published in the
community in which the station is located or proposed to be located,
notice shall be given at least twice a week for 2 consecutive weeks
within the 3-week period immediately following the release of the FCC's
orders, specifying the time and place of the commencement of the
hearing in the daily newspaper having the greatest general circulation
in the community in which the station is located or proposed to be
located.
(2) In the case of an application for a permit pursuant to Section
325(c) of the Communications Act, the notice shall be given at least
twice a week for 2 consecutive weeks within the 3-week period
immediately following release of the FCC's order, specifying the time
and place of the commencement of the hearing in a daily newspaper of
general circulation in the largest city in the principal area to be
served in the United States by the foreign radio broadcast station.
(3) In the case of an application for change in the location of a
station, the notice shall be given both in the community in which the
station is located and in the community in which the station is
proposed to be located.
(b) When an application which is subject to the provisions of § 73.3580
and which seeks modification, assignment, transfer, or renewal of an
operating broadcast station is designated for hearing (except for
applications for an International broadcast, low power TV, TV
translator, FM translator, or FM booster stations), the applicant
shall, in addition to giving notice of such designation as provided in
paragraph (a) of this section, cause the same notice to be broadcast
over that station at least once daily for 4 days in the second week
immediately following the release of the FCC's order, specifying the
time and place of the commencement of the hearing. In the case of both
commercial and noncommercial TV broadcast stations such notice shall be
broadcast orally with the camera focused on the announcer. The notice
required by this paragraph shall be broadcast during the following
periods:
(1) For commercial TV stations, between 7:00 p.m. and 10:00 p.m.
(2) For commercial AM and FM stations, between 7:00 a.m. and 10:00
a.m., but if such stations do not operate during those hours, then
between 6:00 p.m. and 9:00 p.m.
(3) For noncommercial educational TV stations, between 7:00 p.m. and
10:00 p.m., but if the period of broadcast of notice falls within a
portion of the year during which such stations do not broadcast, then
such stations need not comply with the provisions of this paragraph.
(4) For noncommercial educational AM and FM stations, between 3:00 p.m.
and 10:00 p.m., but if the period of broadcast of notice falls within a
portion of the year during which such stations do not broadcast, then
such stations need not comply with the provisions of this paragraph.
(c) If 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 noncommerical educational station, publication of the notice in a
newspaper, as provided in paragraph (a) of this section, is not
required, and publication by broadcast over that station as provided in
paragraph (b) of this section shall be deemed sufficient to meet the
requirements of paragraphs (a) and (b) of this section. However,
noncommercial educational 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 (a) of this section.
(d) The notice required by paragraphs (a) and (b) of this section shall
state:
(1) The name of the applicant or applicants designated for hearing.
(2) The call letters, if any, of the stations or stations involved, and
the frequencies or channels on which the station or stations are
operating or proposed to operate.
(3) The time and place of the hearing.
(4) The issues in the hearing as listed in the FCC's order or summary
of designation for hearing.
(5) 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 § § 73.3526 and 73.3527.
(e) When an application for renewal of license is designated for
hearing, the notice shall contain the following additional statements:
(1) Immediately preceding the listing of the issues in the hearing:
The application of this station for a renewal of its license to operate
this station in the public interest was tendered for filing with the
Federal Communications Commission on ( date ). After considering this
application, the FCC has determined that it is necessary to hold a
hearing to decide the following questions:
(2) Immediately following the listing of the issues in the hearing:
The hearing will be held at ( place of hearing ) commencing at ( time
), on ( date ). Members of the public who desire to give evidence
concerning the foregoing issues should write to the Federal
Communications Commission, Washington, DC 20554, not later than (
date). Letters should set forth in detail the specific facts concerning
which the writer wishes to give evidence. If the FCC believes that the
evidence is legally competent, material, and relevant to the issues, it
will contact the person in question.
(Here the applicant shall insert, as the date on or before which
members of the public who desire to give evidence should write to the
FCC, the date 30 days after the date of release of the FCC's order
specifying the time and place of the commencement of the hearing.)
(f) When an application for a low power TV, TV translator, FM
translator, or FM booster station which is subject to the provisions of
§ 73.3580 is designated for hearing, the applicant shall give notice of
such designation as follows: Notice shall be given at least once during
the 2-week period immediately following release of the FCC's order,
specifying the time and place of the commencement of the hearing in a
daily, weekly or biweekly publication having general circulation in the
community or area to be served. However, if there is no publication of
general 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:
(1) The name of the applicant or applicants designated for hearing.
(2) The call letters, if any, of the station or stations involved, the
output channel or channels of such stations, and, for any
rebroadcasting, the call letters, channel and location of the station
or stations being or proposed to be rebroadcast.
(3) The time and place of the hearing.
(4) The issues in the hearing as listed in the FCC's order or summary
of designation for hearing.
(5) If the application is for renewal of license, the notice shall
contain, in addition to the information required by paragraphs (f) (1)
through (4) of this section, the statements required by paragraph (e)
of this section.
(g) Within 7 days of the last day of publication or broadcast of the
notice required by paragraphs (a) and (b) of this section, the
applicant shall file a statement in triplicate with the FCC setting
forth the dates on which the notice was published, the newspaper in
which the notice was published, the text of the notice, and/or, where
applicable, the date and time the notice was broadcast and the text
thereof. When public notice is given by other means, as provided in
pararaph (f) of this section, the applicant shall file, within 7 days
of the giving of such notice, the text of the notice, the means by
which it was accomplished, and the date thereof.
(h) The failure to comply with the provisions of this section is cause
for dismissal of an application with prejudice. However, upon a finding
that applicant has complied (or proposes to comply) with the provisions
of Section 311(a)(2) of the Communications Act, and that the public
interest, convenience and necessity will be served thereby, the
presiding officer may authorize an applicant, upon a showing of special
circumstances, to publish notice in a manner other than that prescribed
by this section; may accept publication of notice which does not
conform strictly in all respects with the provisions of this section;
or may extend the time for publishing notice.
[ 44 FR 38508 , July 2, 1979, as amended at 47 FR 21495 , May 18, 1982; 48 FR 9012 , Mar. 3, 1983; 49 FR 38132 , Sept. 27, 1984; 51 FR 19347 , May
29, 1986; 52 FR 21686 , June 9, 1987; 58 FR 51251 , Oct. 1, 1993]
Goto Section: 73.3593 | 73.3597
Goto Year: 2009 |
2011
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