Goto Section: 73.3613 | 73.3617 | Table of Contents
FCC 73.3615
Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 73.3615 Ownership reports.
(a) The Ownership Report for Commercial Broadcast Stations (FCC Form
323) must be electronically filed every two years by each licensee of a
commercial AM, FM, or TV broadcast station (a "Licensee"); and each
entity that holds an interest in the licensee that is attributable for
purposes of determining compliance with the Commission's multiple
ownership rules (see Notes 1-3 to 47 CFR 73.3555) (a "Respondent"). The
initial filing deadline shall be set by Public Notice issued by the
Media Bureau. Thereafter, the Form shall be filed biennially by
November 1, 2011, and every two years thereafter. A Licensee or
Respondent with a current and unamended Report on file at the
Commission, which was filed on or by the initial filing date or
thereafter, using the Form revised pursuant to the Commission's Orders
in MB Docket Nos. 07-294, et al., 24 FCC Rcd 5896 (2009) (FCC 09-92,
rel. Oct. 16, 2009), and which is still accurate, may electronically
validate and resubmit its previously filed Form 323. Ownership Reports
shall provide the following information as of October 1 of the year in
which the Report is filed, except that the Form filed by the initial
filing date shall provide the following information as of November 1,
2009:
(1) In the case of an individual, the name, race or ethnicity, and
gender of such individual;
(2) In the case of a partnership, the name, race or ethnicity, and
gender of each partner and the interest of each partner. Except as
specifically noted below, the names of limited partners shall be
reported. A limited partner need not be reported, regardless of the
extent of its ownership, if the limted partner is not materially
involved, directly or indirectly, in the management or operation of the
licensee and the licensee so certifies.
(i) Any change in partners or in their rights will require prior
consent of the FCC upon an application for consent to assignment of
license or permit. If such change involves less than a controlling
interest, the application for FCC consent to such changes may be made
upon FCC Form 316.
(ii) [Reserved]
(3) In the case of a corporation, association, trust, estate or
receivership, the data applicable to each:
(i)(A) The name, residence, citizenship, race or ethnicity, gender, and
stockholding of every officer, director, trustee, executor,
administrator, receiver and member of an association, and any
stockholder which holds stock accounting for 5 percent or more of the
votes of the corporation, except that an investment company, insurance
company, or bank trust department need be reported only if it holds
stock amounting to 10 percent or more of the votes, provided that the
licensee certifies that such entity has made no attempt to influence,
directly or indirectly, the management or operation of the licensee,
and that there is no representation on the licensee's board or among
its officers by any person professionally or otherwise associated with
the entity.
(B) A licensee shall report any separate interests known to the
licensee to be held ultimately by the same individual or entity,
whether those interests are held in custodial accounts, by individual
holding corporations or otherwise, if, when aggregated:
(1) The sum of all interests except those held by or through "passive
investors" is equal to or exceeds 5 percent; or
(2) The sum of all interests held by or through "passive investors" is
equal to or exceeds 10 percent; or
(3) The sum of the interests computed under paragraph (a)(3)(i)(B)(1)
of this section plus the sum of the interests computed under paragraph
(a)(3)(i)(B)(2) of this section is equal to or exceeds 10 percent.
(C) If the majority of the voting stock of a corporate licensee is held
by a single individual or entity, no other stockholding need be
reported for that licensee;
(ii) Full information as to family relationship or business association
between two or more officials and/or stockholders, trustees, executors,
administrators, receivers, and members of any association;
(iii) Capitalization with a description of the classes and voting power
of stock authorized by the corporate charter or other appropriate legal
instrument and the number of shares of each class issued and
outstanding; and
(iv) Full information with respect to the interest and identity of any
person having any direct, indirect, fiduciary, or beneficial interest
in the licensee or in its stock accounting for 5% or more of its votes.
For example:
(A) Where A is the trustee of stock held for beneficiary B, A shall be
reported if A votes the stock or has the sole or shared power to
dispose of the stock; B or any other party shall be reported if B or
such party votes the stock or has sole power to dispose of the stock or
has the power to revoke the trust or replace the trustee at will;
(B) Where X is not a natural person and has attributable ownership
interest in the licensee under § 73.3555 of the rules, regardless of
its position in the vertical ownership chain, an Ownership Report shall
be filed for X which, except as specifically noted below, must contain
the same information as required of a licensee. If X has a voting
stockholder interest in the licensee, only those voting interests of X
that are cognizable after application of the "multiplier" described in
note 2(c) of § 73.3555 of the rules, if applicable, shall be reported.
If X is a corporation, whether or not its interest in the licensee is
by virtue of its ownership of voting stock, the officers and directors
shall be reported. With respect to those officers and directors whose
duties and responsibilities are wholly unrelated to the licensee, and
who wish to be relieved of attribution in the licensee, the name, title
and duties of these officers and directors, with statements properly
documenting that their duties do not involve the licensee, shall be
reported.
(4) In the case of all licensees:
(i) A list of all contracts still in effect required to be filed with
the FCC by § 73.3613 showing the date of execution and expiration of
each contract; and
(ii) Any interest which the licensee may have in any other broadcast
station.
(b) Except as specifically noted below, each permittee of a commercial
AM, FM or TV broadcast station shall file an Ownership Report on FCC
Form 323 (1) within 30 days of the date of grant by the FCC of an
application for original construction permit and (2) on the date that
it applies for a station license. The Ownership Report of the permittee
shall give the information required by the applicable portions of
paragraph (a) of this section. A permittee with a current and unamended
Report on file at the Commission may certify that it has reviewed its
current Report and it is accurate, in lieu of filing a new Report.
(c) Before any change is made in the organization, capitalization,
officers, directors, or stockholders of a corporation other than
licensee or permittee, which results in a change in the control of the
licensee or permittee, prior FCC consent must be received under
§ 73.3540. A transfer of control takes place when an individual or
group in privity, gains or loses affirmative or negative (50%) control.
See instructions on FCC Form 323 (Ownership Report). Each permittee or
licensee of a commercial AM, FM or TV Broadcast station shall file an
Ownership Report on FCC Form 323 within 30 days of consummating
authorized assignments or transfers of permits and licenses. The
Ownership Report of the permittee or licensee shall give the
information required by the applicable portions of paragraph (a) of
this section.
(d) Each licensee of a noncommercial educational AM, FM or TV broadcast
station shall file an Ownership Report on FCC Form 323-E when filing
the station's license renewal application and every two years
thereafter on the anniversary of the date that its renewal application
is required to be filed. Licensees owning more than one noncommercial
educational AM, FM or TV broadcast station with different anniversary
dates need file only one Report every two years on the anniversary of
their choice, provided that their Reports are not more than two years
apart. A licensee with a current and unamended Report on file at the
Commission may certify that it has reviewed its current Report and that
it is accurate, in lieu of filing a new Report. Ownership reports shall
give the following information as of a date not more than 60 days prior
to the filing of the Ownership Report:
(1) The following information as to all officers, members of governing
board, and holders of 1% or more ownership interest (if any): Name,
residence, office held, citizenship, principal profession or
occupation, and by whom appointed or elected.
(2) Full information with respect to the interest and identity of any
individual, organization, corporation, association, or any other entity
which has direct or indirect control over the licensee or permittee.
(3) A list of all contracts still in effect required by § 73.3613 to be
filed with the FCC, showing the date of execution and expiration of
each contract.
(4) Any interest which the licensee or permittee or any of its
officers, members of the governing board, and holders of 1% or more
ownership interest (if any) held in any other broadcast station.
(e) Each permittee of a noncommercial educational AM, FM or TV
broadcast station shall file an Ownership Report on FCC Form 323-E:
(1) Within 30 days of the date of grant by the FCC of an application
for original construction permit and;
(2) On the date that it applies for a station license. The Ownership
Report of the permittee shall give the information required by the
applicable form. A permittee with a current and unamended Report on
file at the Commission may certify that it has reviewed its current
Report and it is accurate, in lieu of filing a new Report.
(f) Each permittee or licensee of a noncommercial educational AM, FM or
TV Broadcast station shall file an Ownership Report on FCC Form 323-E
within 30 days of consummating authorized assignments or transfers of
permits and licenses. The Ownership Report of the noncommercial
educational permittee or licensee shall give the information required
by the applicable form.
(g) A copy of all ownership and supplemental ownership reports and
related material filed pursuant to this section shall be maintained and
made available for public inspection locally as required by § § 73.3526
and 73.3527.
[ 44 FR 38513 , July 2, 1979, as amended at 49 FR 19498 , May 8, 1984; 50 FR 27450 , July 3, 1985; 50 FR 40016 , Oct. 1, 1985; 53 FR 2499 , Jan. 28,
1988; 53 FR 5684 , Feb. 25, 1988; 63 FR 70050 , Dec. 18, 1998; 66 FR 9973 , Feb. 13, 2001; 66 FR 12897 , Mar. 1, 2001; 74 FR 25168 , May 27,
2009; 74 FR 56134 , Oct. 30, 2009]
return arrow Back to Top
Goto Section: 73.3613 | 73.3617
Goto Year: 2013 |
2015
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public