Goto Section: 73.3525 | 73.3527 | Table of Contents
FCC 73.3526
Revised as of October 1, 2019
Goto Year:2018 |
2020
§ 73.3526 Local public inspection file of commercial stations.
Link to an amendment published at 84 FR 41935 , Aug. 16, 2019.
Link to an amendment published at 84 FR 45668 , Aug. 30, 2019.
(a) Responsibility to maintain a file. The following shall maintain for
public inspection a file containing the material set forth in this
section.
(1) Applicants for a construction permit for a new station in the
commercial broadcast services shall maintain a public inspection file
containing the material, relating to that station, described in
paragraphs (e)(2) and (e)(10) of this section. A separate file shall be
maintained for each station for which an application is pending. If the
application is granted, paragraph (a)(2) of this section shall apply.
(2) Every permittee or licensee of an AM, FM, TV or Class A TV station
in the commercial broadcast services shall maintain a public inspection
file containing the material, relating to that station, described in
paragraphs (e)(1) through (e)(10) and paragraph (e)(13) of this
section. In addition, every permittee or licensee of a commercial TV or
Class A TV station shall maintain for public inspection a file
containing material, relating to that station, described in paragraphs
(e)(11) and (e)(15) of this section, and every permittee or licensee of
a commercial AM or FM station shall maintain for public inspection a
file containing the material, relating to that station, described in
paragraphs (e)(12) and (e)(14) of this section. A separate file shall
be maintained for each station for which an authorization is
outstanding, and the file shall be maintained so long as an
authorization to operate the station is outstanding.
(b) Location of the file. The public inspection file shall be located
as follows: (1) For radio licensees temporarily exempt from the online
public file hosted by the Commission, as discussed in paragraph (b)(2)
of this section, a hard copy of the public inspection file shall be
maintained at an accessible place in the community of license, unless
the licensee elects voluntarily to place the file online as discussed
in paragraph (b)(2) of this section. An applicant for a new station or
change of community shall maintain its file at an accessible place in
the proposed community of license. If as of January 8, 2018 a broadcast
station maintains a hard copy of all or a portion of its public
inspection file at a main studio that either complied with the
Commission's main studio rule (47 CFR 73.1125 (2016)) but is not within
the station's community of license, or was deemed a permissible
location for the station's public inspection file pursuant to a waiver
of the main studio rule, and if the station retains that studio, then
that studio is a permissible location for the station's hard copy
public inspection file. Any reference in this section to “an accessible
place in the community of license” shall be deemed to include such a
studio.
(2)(i) A television station licensee or applicant, and any radio
station licensee or applicant not temporarily exempt as described in
this paragraph (b)(2)(i), shall place the contents required by
paragraph (e) of this section of its public inspection file in the
online public file hosted by the Commission, with the exception of the
political file as required by paragraph (e)(6) of this section, as
discussed in paragraph (b)(3) of this section. Any radio station not in
the top 50 Nielsen Audio markets, and any radio station with fewer than
five full-time employees, shall continue to retain the public
inspection file at an accessible place in the community of license in
the manner discussed in paragraph (b)(1) of this section until March 1,
2018. However, any radio station that is not required to place its
public inspection file in the online public file hosted by the
Commission before March 1, 2018 may choose to do so, instead of
retaining the public inspection file at an accessible place in the
community of license in the manner discussed in paragraph (b)(1) of
this section.
(ii) A station must provide a link to the public inspection file hosted
on the Commission's Web site from the home page of its own Web site, if
the station has a Web site, and provide contact information on its Web
site for a station representative that can assist any person with
disabilities with issues related to the content of the public files. A
station also is required to include in the online public file the
station's address and telephone number, and the email address of the
station's designated contact for questions about the public file. To
the extent this section refers to the local public inspection file, it
refers to the public file of an individual station, which is either
maintained at an accessible place in the community of license or on the
Commission's Web site, depending upon where the documents are required
to be maintained under the Commission's rules.
(3)(i) A licensee or applicant shall place the contents required by
paragraph (e)(6) of this section of its political inspection file in
the online public file hosted by the Commission. Political inspection
file material already in existence 30 days after the effective date of
this provision, if not placed in the online public file hosted by the
Commission, shall continue to be retained at an accessible place in the
community of license in the manner discussed in paragraph (b)(1) of
this section until the end of its retention period.
(ii) Any television station not in the top 50 DMAs, and any station not
affiliated with one of the top four broadcast networks, regardless of
the size of the market it serves, shall continue to retain the
political file at the station in the manner discussed in paragraph
(b)(1) of this section until July 1, 2014. For these stations,
effective July 1, 2014, any new political file material shall be placed
in the online file hosted by the Commission, while the material in the
political file as of July 1, 2014, if not placed in the Commission's
Web site, shall continue to be retained at the station in the manner
discussed in paragraph (b)(1) of this section until the end of its
retention period. However, any station that is not required to place
its political file in the online file hosted by the Commission before
July 1, 2014 may choose to do so, instead of retaining the political
file at the station in the manner discussed in paragraph (b)(1) of this
section. For purposes of this paragraph (b)(3)(ii), the “manner
discussed in paragraph (b)(1) of this section” refers to maintaining a
hard copy of the public inspection file at the main studio of the
station as described in paragraph (b)(1) prior to January 8, 2018. See
47 CFR 73.3526(b)(1) (2016).
(iii) Any radio station not in the top 50 Nielsen Audio markets, and
any radio station with fewer than five full-time employees, shall
continue to retain the political file at an accessible place in the
community of license in the manner discussed in paragraph (b)(1) of
this section until March 1, 2018. For these stations, effective March
1, 2018, any new political file material shall be placed in the online
public file hosted by the Commission, while the material already
existing in the political file as of March 1, 2018, if not placed in
the online public file hosted by the Commission, shall continue to be
retained at an accessible place in the community of license in the
manner discussed in paragraph (b)(1) of this section until the end of
its retention period. However, any station that is not required to
place its political file on the Commission's Web site before March 1,
2018, may choose to do so, instead of retaining the political file at
an accessible place in the community of license in the manner discussed
in paragraph (b)(1) of this section.
(4) The Commission will automatically link the following items to the
electronic version of all licensee and applicant public inspection
files, to the extent that the Commission has these items
electronically: authorizations, applications, contour maps; ownership
reports and related materials; portions of the Equal Employment
Opportunity file held by the Commission; “The Public and Broadcasting”;
Letters of Inquiry and other investigative information requests from
the Commission, unless otherwise directed by the inquiry itself;
Children's television programming reports; and DTV transition education
reports. In the event that the online public file does not reflect such
required information, the licensee will be responsible for posting such
material.
(c) Access to material in the file. (1) For any applicant, permittee,
or licensee that does not include all material described in paragraph
(e) of this section in the online public file hosted by the Commission,
the portion of the file that is not included in the online public file
shall be available for public inspection at any time during regular
business hours at an accessible place in the community of license. The
applicant, permittee, or licensee must provide information regarding
the location of the file, or the applicable portion of the file, within
one business day of a request for such information. All or part of the
file may be maintained in a computer database, as long as a computer
terminal is made available, at the location of the file, to members of
the public who wish to review the file. Material in the public
inspection file shall be made available for printing or machine
reproduction upon request made in person. The applicant, permittee, or
licensee may specify the location for printing or reproduction, require
the requesting party to pay the reasonable cost thereof, and may
require guarantee of payment in advance (e.g., by requiring a deposit,
obtaining credit card information, or any other reasonable method).
Requests for copies shall be fulfilled within a reasonable period of
time, which generally should not exceed 7 days.
(2) The applicant, permittee, or licensee who maintains its public file
outside its community of license (see paragraph (b)(1) of this section)
shall:
(i) Make available to persons within its geographic service area, by
mail upon telephone request, photocopies of documents in the file (see
§ 73.3526(c)(1)), excluding the political file (see § 73.3526(e)(6)), and
the station shall pay postage;
(ii) Mail the most recent version of “The Public and Broadcasting” to
any member of the public that requests a copy; and
(iii) Be prepared to assist members of the public in identifying the
documents they may ask to be sent to them by mail, for example, by
describing to the caller, if asked, the period covered by a particular
report and the number of pages included in the report.
Note to paragraph (c)(2): For purposes of this section, geographic
service area includes the area within the Grade B contour for TV, 1
mV/m contour for all FM station classes except .7 mV/m for Class B1
stations and .5 mV/m for Class B stations, and .5 mV/m contour for AM
stations.
(d) Responsibility in case of assignment or transfer. (1) In cases
involving applications for consent to assignment of broadcast station
construction permits or licenses, with respect to which public notice
is required to be given under the provisions of § 73.3580 or § 73.3594,
the file mentioned in paragraph (a) of this section shall be maintained
by the assignor. If the assignment is consented to by the FCC and
consummated, the assignee shall maintain the file commencing with the
date on which notice of the consummation of the assignment is filed
with the FCC. The assignee shall retain public file documents obtained
from the assignor for the period required under these rules.
(2) In cases involving applications for consent to transfer of control
of a permittee or licensee of a broadcast station, the file mentioned
in paragraph (a) of this section shall be maintained by the permittee
or licensee.
(e) Contents of the file. The material to be retained in the public
inspection file is as follows:
(1) Authorization. A copy of the current FCC authorization to construct
or operate the station, as well as any other documents necessary to
reflect any modifications thereto or any conditions that the FCC has
placed on the authorization. These materials shall be retained until
replaced by a new authorization, at which time a copy of the new
authorization and any related materials shall be placed in the file.
(2) Applications and related materials. A copy of any application
tendered for filing with the FCC, together with all related material,
and copies of Initial Decisions and Final Decisions in hearing cases
pertaining thereto. If petitions to deny are filed against the
application and have been served on the applicant, a statement that
such a petition has been filed shall be maintained in the file together
with the name and address of the party filing the petition.
Applications shall be retained in the public inspection file until
final action has been taken on the application, except that
applications for a new construction permit granted pursuant to a waiver
showing and applications for assignment or transfer of license granted
pursuant to a waiver showing shall be retained for as long as the
waiver is in effect. In addition, license renewal applications granted
on a short-term basis shall be retained until final action has been
taken on the license renewal application filed immediately following
the shortened license term.
(3)(i) Citizen agreements. A copy of every written citizen agreement.
These agreements shall be retained for the term of the agreement,
including any renewal or extension thereof.
(ii) For purposes of this section, a citizen agreement is a written
agreement between a broadcast applicant, permittee, or licensee, and
one or more citizens or citizen groups, entered for primarily
noncommercial purposes. This definition includes those agreements that
deal with goals or proposed practices directly or indirectly affecting
station operations in the public interest, in areas such as—but not
limited to—programming and employment. It excludes common commercial
agreements such as advertising contracts; union, employment, and
personal services contracts; network affiliation, syndication, program
supply contracts, etc. However, the mere inclusion of commercial terms
in a primarily noncommercial agreement—such as a provision for payment
of fees for future services of the citizen-parties (see “Report and
Order,” Docket 19518, 57 FCC 2d 494 (1976))—would not cause the
agreement to be considered commercial for purposes of this section.
(4) Contour maps. A copy of any service contour maps, submitted with
any application tendered for filing with the FCC, together with any
other information in the application showing service contours and/or
transmitter location (State, county, city, street address, or other
identifying information). These documents shall be retained for as long
as they reflect current, accurate information regarding the station.
(5) Ownership reports and related materials. A copy of the most recent,
complete ownership report filed with the FCC for the station, together
with any statements filed with the FCC certifying that the current
report is accurate, and together with all related material. These
materials shall be retained until a new, complete ownership report is
filed with the FCC, at which time a copy of the new report and any
related materials shall be placed in the file. The permittee or
licensee must retain in the public file either a copy of the station
documents listed in § 73.3613(a) through (c) or an up-to-date list of
such documents. If the permittee or licensee elects to maintain an
up-to-date list of such documents, the list must include all the
information that the permittee or licensee is required to provide on
ownership reports for each document, including, but not limited to, a
description of the document, the parties to the document, the month and
year of execution, the month and year of expiration, and the document
type (e.g., network affiliation agreement, articles of incorporation,
bylaws, management consultant agreement with independent contractor).
Regardless of which of these two options the permittee or licensee
chooses, it must update the inventory of § 73.3613 documents in the
public file to reflect newly executed § 73.3613 documents, amendments,
supplements, and cancellations within 30 days of execution thereof.
Licensees and permittees that choose to retain a list of § 73.3613
documents must provide a copy of any § 73.3613 document(s) to requesting
parties within 7 days. In maintaining copies of such documents in the
public file or providing copies upon request, confidential or
proprietary information may be redacted where appropriate.
(6) Political file. Such records as are required by § 73.1943 to be kept
concerning broadcasts by candidates for public office. These records
shall be retained for the period specified in § 73.1943 (2 years).
(7) Equal Employment Opportunity file. Such information as is required
by § 73.2080 to be kept in the public inspection file. These materials
shall be retained until final action has been taken on the station's
next license renewal application.
(8) The public and broadcasting. At all times, a copy of the most
recent version of the manual entitled “The Public and Broadcasting.”
(9) [Reserved]
(10) Material relating to FCC investigation or complaint. Material
having a substantial bearing on a matter which is the subject of an FCC
investigation or complaint to the FCC of which the applicant,
permittee, or licensee has been advised. This material shall be
retained until the applicant, permittee, or licensee is notified in
writing that the material may be discarded.
(11)(i) TV issues/programs lists. For commercial TV and Class A
broadcast stations, every three months a list of programs that have
provided the station's most significant treatment of community issues
during the preceding three month period. The list for each calendar
quarter is to be filed by the tenth day of the succeeding calendar
quarter (e.g., January 10 for the quarter October—December, April 10
for the quarter January—March, etc.) The list shall include a brief
narrative describing what issues were given significant treatment and
the programming that provided this treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issue was treated. The
lists described in this paragraph shall be retained in the public
inspection file until final action has been taken on the station's next
license renewal application.
(ii) Records concerning commercial limits. For commercial TV and Class
A TV broadcast stations, records sufficient to permit substantiation of
the station's certification, in its license renewal application, of
compliance with the commercial limits on children's programming
established in 47 U.S.C. 303a and 47 CFR 73.670. The records for each
calendar quarter must be filed by the tenth day of the succeeding
calendar quarter (e.g., January 10 for the quarter October-December,
April 10 for the quarter January-March, etc.). These records shall be
retained until final action has been taken on the station's next
license renewal application.
(iii) Children's television programming reports. For commercial TV
broadcast stations, both analog and digital, on a quarterly basis, a
completed Children's Television Programming Report (“Report”), on FCC
Form 398, reflecting efforts made by the licensee during the preceding
quarter, and efforts planned for the next quarter, to serve the
educational and informational needs of children. The Report for each
quarter is to be placed in the public inspection file by the tenth day
of the succeeding calendar quarter. By this date, a copy of the Report
for each quarter is also to be filed electronically with the FCC. The
Report shall identify the licensee's educational and informational
programming efforts, including programs aired by the station that are
specifically designed to serve the educational and informational needs
of children, and it shall explain how programs identified as Core
Programming meet the definition set forth in § 73.671(c). The Report
shall include the name of the individual at the station responsible for
collecting comments on the station's compliance with the Children's
Television Act, and it shall be separated from other materials in the
public inspection file. The Report shall also identify the program
guide publishers to which information regarding the licensee's
educational and informational programming was provided as required in
§ 73.673, as well as the station's license renewal date. These Reports
shall be retained in the public inspection file until final action has
been taken on the station's next license renewal application. Licensees
shall publicize in an appropriate manner the existence and location of
these Reports.
(12) Radio issues/programs lists. For commercial AM and FM broadcast
stations, every three months a list of programs that have provided the
station's most significant treatment of community issues during the
preceding three month period. The list for each calendar quarter is to
be filed by the tenth day of the succeeding calendar quarter (e.g.,
January 10 for the quarter October—December, April 10 for the quarter
January—March, etc.). The list shall include a brief narrative
describing what issues were given significant treatment and the
programming that provided this treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issue was treated. The
lists described in this paragraph shall be retained in the public
inspection file until final action has been taken on the station's next
license renewal application.
(13) Local public notice announcements. Each applicant for renewal of
license shall, within 7 days of the last day of broadcast of the local
public notice of filing announcements required pursuant to § 73.3580(h),
place in the station's local public inspection file a statement
certifying compliance with this requirement. The dates and times that
the pre-filing and post-filing notices were broadcast and the text
thereof shall be made part of the certifying statement. The certifying
statement shall be retained in the public file for the period specified
in § 73.3580 (for as long as the application to which it refers).
(14) Radio and television time brokerage agreements. For commercial
radio and television stations, a copy of every agreement or contract
involving time brokerage of the licensee's station or of another
station by the licensee, whether the agreement involves stations in the
same markets or in differing markets, with confidential or proprietary
information redacted where appropriate. These agreements shall be
placed in the public file within 30 days of execution and retained in
the file as long as the contract or agreement is in force.
(15) Must-carry or retransmission consent election. Statements of a
commercial television or Class A television station's election with
respect to either must-carry or re-transmission consent, as defined in
§ § 76.64 and 76.1608 of this chapter. These records shall be retained
for the duration of the three year election period to which the
statement applies.
(16) Radio and television joint sales agreements. For commercial radio
and commercial television stations, a copy of agreement for the joint
sale of advertising time involving the station, whether the agreement
involves stations in the same markets or in differing markets, with
confidential or proprietary information redacted where appropriate.
These agreements shall be placed in the public file within 30 days of
execution and retained in the file as long as the contract or agreement
is in force.
(17) Class A TV continuing eligibility. Documentation sufficient to
demonstrate that the Class A television station is continuing to meet
the eligibility requirements set forth at § 73.6001.
(18) Shared service agreements. For commercial television stations, a
copy of every Shared Service Agreement for the station (with the
substance of oral agreements reported in writing), regardless of
whether the agreement involves commercial television stations in the
same market or in different markets, with confidential or proprietary
information redacted where appropriate. For purposes of this paragraph,
a Shared Service Agreement is any agreement or series of agreements in
which:
(1) A station provides any station-related services, including, but not
limited to, administrative, technical, sales, and/or programming
support, to a station that is not directly or indirectly under common
de jure control permitted under the Commission's regulations; or
(2) Stations that are not directly or indirectly under common de jure
control permitted under the Commission's regulations collaborate to
provide or enable the provision of station-related services, including,
but not limited to, administrative, technical, sales, and/or
programming support, to one or more of the collaborating stations. For
purposes of this paragraph, the term “station” includes the licensee,
including any subsidiaries and affiliates, and any other individual or
entity with an attributable interest in the station.
(f)(1) For purposes of this section, action taken on an application
tendered with the FCC becomes final when that action is no longer
subject to reconsideration, review, or appeal either at the FCC or in
the courts.
(2) For purposes of this section, the term “all related material”
includes all exhibits, letters, and other documents tendered for filing
with the FCC as part of an application, report, or other document, all
amendments to the application, report, or other document, copies of all
documents incorporated therein by reference and not already maintained
in the public inspection file, and all correspondence between the FCC
and the applicant pertaining to the application, report, or other
document, which according to the provisions of § § 0.451 through 0.461 of
this chapter are open for public inspection at the offices of the FCC.
[ 63 FR 49497 , Sept. 16, 1998, as amended at 63 FR 70049 , Dec. 18, 1998;
64 FR 35947 , July 2, 1999; 64 FR 50645 , Sept. 17, 1999; 65 FR 7457 ,
Feb. 15, 2000; 65 FR 30006 , May 10, 2000; 65 FR 53614 , Sept. 5, 2000;
65 FR 67288 , Nov. 9, 2000; 70 FR 38 , Jan. 3, 2005; 73 FR 15450 , Mar.
24, 2008; 73 FR 36283 , June 26, 2008; 76 FR 71269 , Nov. 17, 2011; 77 FR 27655 , May 11, 2012; 81 FR 10123 , Feb. 29, 2016; 81 FR 76262 , Nov. 1,
2016; 82 FR 11412 , Feb. 23, 2017; 82 FR 57882 , Dec. 8, 2017; 82 FR 59987 , Dec. 18, 2017; 83 FR 5544 , Feb. 8, 2018; 83 FR 65557 , Dec 21,
2018]
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Goto Section: 73.3525 | 73.3527
Goto Year: 2018 |
2020
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