§  73.3594   Local public notice of designation for hearing.

   (a) When an application subject to the provisions of § 73.3580 is
   designated for hearing, the applicant shall give notice of such
   designation as follows:

   (1) On-air announcement. The applicant (except an applicant filing an
   application for an International broadcast, low power TV, TV
   translator, FM translator, and FM booster station) shall broadcast an
   on-air announcement of the designation of an application for hearing
   over its radio or television station as follows:

   (i) Content. The on-air announcement shall be in the following form:

   On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION
   FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with
   the Federal Communications Commission for [TYPE OF APPLICATION]. On
   [DATE], the Commission designated the application for an evidentiary
   hearing on certain issues. Members of the public wishing to view the
   Hearing Designation Order and list of issues can visit [URL OF INTERNET
   WEBSITE MAINTAINED BY THE STATION, THE LICENSEE/PERMITTEE, OR THE
   LICENSEE/PERMITTEE'S PARENT ENTITY, OR OTHER PUBLICLY ACCESSIBLE
   WEBSITE], and click the link in the “Hearing Designation Order” notice.

   Television broadcast stations (commercial and noncommercial
   educational), in presenting on-air announcements, must use visuals
   [with the full text of the on-air announcement] when this information
   is being orally presented by the announcer.

   (ii) Frequency of broadcast. The on-air announcements shall be
   broadcast a total of six (6) times, once per week for four consecutive
   weeks.

   (iii) Commencement of broadcast. The first broadcast of the on-air
   announcement shall occur no earlier than the date of release of the
   Hearing Designation Order, Order to Show Cause, or other order
   designating issues for hearing, and no later than the fifth business
   day following release of said order.

   (iv) Time of broadcast. The on-air announcements shall be broadcast
   between the hours of 7:00 a.m. and 11:00 p.m. local time at the
   applicant station's community of license, Monday through Friday.

   (v) Language of broadcast. A station broadcasting primarily in a
   foreign language shall broadcast the announcements in that language.

   (2) Online notice. The applicant shall also post an online notice of
   the designation of an application for hearing conspicuously on an
   internet website as follows:

   (i) Content. The online notice shall be in the following form:

  HEARING DESIGNATION ORDER

   On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION
   FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with
   the Federal Communications Commission for [TYPE OF APPLICATION]. On
   [DATE], the Commission designated the application for an evidentiary
   hearing on the following issues: [LIST OF ISSUES IN THE HEARING AS
   LISTED IN THE FCC's ORDER OR SUMMARY OF DESIGNATION FOR HEARING].
   Members of the public wishing to view the Hearing Designation Order or
   to file comments can visit [INSERT HYPERLINK TO THE HEARING DESIGNATION
   ORDER, ORDER TO SHOW CAUSE, OR OTHER ORDER DESIGNATING THE APPLICATION
   FOR HEARING, ON THE FCC's INTERNET WEBSITE].

   (ii) Site. (A) The applicant shall post online notice by posting a
   conspicuous link or tab labeled “FCC Hearing” on an
   applicant-affiliated website, as defined in paragraph (a)(2) of this
   section. The link or tab will link directly to a page containing only
   the online notice text referenced in paragraph (b)(2)(i) of this
   section. The applicant shall post online notice on one of the following
   internet websites, to the extent such websites are maintained, in order
   of priority:

   (1) The applicant station's internet website;

   (2) The applicant's internet website; or

   (3) The applicant's parent entity's internet website.

   (B) If the applicant does not maintain an internet website for the
   station or itself, or if the applicant's parent entity does not
   maintain an internet website, the applicant shall post online notice on
   an internet website:

   (1) That is accessible to members of the public without registration or
   payment requirements, or any other requirement that the user provide
   information, or response to a survey or questionnaire in exchange for
   being able to access information on the website; and

   (2) That is locally targeted to the area served and/or to be served by
   the applicant station (e.g., local government internet website, local
   community bulletin board internet website, state broadcasters'
   association internet website).

   (iii) Commencement of posting. The online notice shall be posted no
   earlier than the date of release of the Hearing Designation Order,
   Order to Show Cause, or other order designating issues for hearing, and
   no later than the fifth business day following release of said order.

   (iv) Length of posting. The online notice must be posted for a minimum
   of 30 consecutive days.

   (b) Within seven (7) days of the last day of broadcast of the notice
   required by paragraph (a)(1) of this section, the applicant shall file
   a an original statement and one copy with the Secretary of the
   Commission setting forth the dates and times on which the on-air
   announcements were made, the date the online notice was first posted,
   and the Universal Resource Locator (URL) address of the internet
   website on which online notice is posted.

   (c) 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 give notice in a manner other than that prescribed by
   this section; may accept notice that is given in a manner which does
   not conform strictly in all respects with the provisions of this
   section; or may extend the time for giving notice.

   [ 85 FR 36797 , June 18, 2020]