FCC Web Documents citing 73.1943

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • requirements. SUBPART H - RULES APPLICABLE TO ALL BROADCAST STATIONS Brief Description: These rules provide for compliance and authorization of all broadcast services. Need: These rules prescribe operating procedures applicable to all broadcast services. Legal Basis: 47 U.S.C. §§ 154, 303, 334, 336. Section Number and Title: 73.1212 Sponsorship identification; list retention; related requirements. 73.1217 Broadcast hoaxes. 73.1942 Candidate rates. 73.1943 Political file. 73.1944 Reasonable access. 73.3556 Duplication of programming on commonly owned or time brokered stations. 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. 73.3589 Threats to file petitions to deny or informal objections. PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES SUBPART D - REMOTE PICKUP BROADCAST STATIONS Brief Description: This rule prescribes
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  • candidate for Assembly member for the 30th Assembly District in California. The complainant alleges violation of the equal opportunities provision, 47 U.S.C. Section 315(a), as implemented by the Commission's rules at 47 C.F.R. Section 73.1941. Complainant also alleges a violation of the Commission's political file rule, 47 U.S.C. Section 315, as implemented by the Commission's rules at 47 C.F.R. Section 73.1943. At the Commission's request, Pappas filed a response to the complaint on October 29, 2004. The complainant asserts that Dean Gardner, an opponent of hers for the Assembly member seat has received ``free airtime'' from Pappas on KMPH-TV, Fresno, CA; KFRE-TV, Sanger, CA; and KMPH-FM, Hanford, CA and that her attempt to obtain free equal opportunities from these Pappas stations
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  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Sections 73.1943 and 73.3527 of the Rules by failing to retain all required documentation in the WRCJ-FM public inspection file. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of two thousand dollars ($2,000), and we grant the captioned WRCJ-FM renewal application. II. BACKGROUND Section
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  • file a license renewal and for unauthorized operation. The application for assignment of WYXC(AM)'s license was granted on June 14, 2005. These grants and the Notice of Apparent Liability for Forfeiture were set aside on July 15, 2005. For the reasons set forth below, we grant Hershovitz's Objection in part and admonish Rogers for its violation of Sections 73.3526 and 73.1943 of the Commission's rules. Additionally, we again issue a NOTICE OF APPARENT LIABILITY FOR FORFEITURE to Rogers for its failure to timely file a license renewal application and for unauthorized operation; we also grant Rogers' license renewal application and the application for assignment of WYXC(AM)'s license to Clarion Communications, Inc. Public file rule allegation. In his Objection, Hershovitz alleges that
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  • broadcast political ads on March 11, 1996, its own sales manager's check of the public file three days later revealed no record of these ads nor of any candidate requests for air time (Reply, Exhibit B). Navajo also alleges that the sales manager found that the public file lacked a political file, contrary to the mandates of 47 C.F.R. §§ 73.1943 and 73.3526(a)(4). See, e.g., Joseph W. Bollinger and Donna M. Bollinger, Memorandum Opinion and Order, 16 FCC Rcd 22977, 22978 (2001) (allegation of violations at other stations will not cause re-evaluation of assignor's qualifications unless issues related to the assignor's basic qualifications have been designated for hearing or have been sufficiently raised in petitions to warrant the designation of a
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  • (the ``Rules''); and (3) there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant the renewal application. Petitioners argue that Clear Channel failed to maintain the political file section of the WSYR(AM) public inspection file by ``paying inadequate attention to administrative procedures and record keeping.'' Specifically, Petitioners claim that WSYR(AM) violated Section 73.1943(a) of the Rules by failing to place in its local public inspection file sufficient documentation concerning 30-second spots placed during the weekend of November 5-6, 2005, by Citizens for Integrity in Politics (``Citizens'') during the Syracuse mayoral election. Petitioners state that Mr. Oldfield visited the Clear Channel offices on November 14, 2005, to inspect the WSYR(AM) public inspection file and
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  • Dear Licensee: This refers to your license renewal application for station KCLO-TV, Rapid City, SD. Section 73.3526 of the Commission's Rules (the ``Rules'') requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. Pursuant to Subsection 73.3526(e)(6), licensees are required to maintain in the public inspection file political records required by Section 73.1943 of the Rules. Section 73.1943 requires that every licensee maintain and permit public inspection of a political file, which should contain a ``complete and orderly record'' of all requests for broadcast time made by candidates for public office and the disposition of those requests, and all free time provided to candidates; and that this information be placed in the file
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237762A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237762A1.pdf
  • to a request by the Federal Emergency Management Agency, and in order to avoid potential public confusion or fear in connection with the terrorist attacks of September 11, 2001, the Bureau would not enforce EAS testing requirements from that date until October 2, 2001. See Public Notice, EAS Routine Testing, DA 01-2183, (rel. September 18, 2001). See 47 C.F.R. § 73.1943. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act ....'' See Southern California
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  • A copy of the most recent, complete ownership report filed with the FCC for the station...'' At the time of inspection, no ownership reports were in the public inspection file. 47 C.F.R. § 73.3526(e)(6): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...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).'' (See attached). At the time of inspection, no political file was in the public inspection file. 47 C.F.R. § 73.3526(e)(8): ``Contents of the file. The material required to be retained in the public inspection file is
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  • 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.'' At the time of inspection, the most recent owner ship report was not available. 47 C.F.R § 73.3526(e) (6): ``Political File. Such records as are required by § 73.1943 to be kept concerning broadcasts by candidates for public office.'' At the time of inspection the ``Political File'' was not available. 47 C.F.R § 73.3526(e) (8): ``The public and Broadcasting. At all times, a copy of the most recent version of the manual entitled ``The public and broadcasting.'' At the time of inspection copy of the manual ``The public and
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  • of the ownership report, along with any licensee statements certifying that the report is accurate. Examination of KIQQ(AM) and KIQQ-FM `s public inspection files revealed no ownership reports or certifications. Therefore, MBR failed to comply with Section 73.3526(e)(5) of the Rules. Section 73.3526(e)(6) of the Rules requires licensees to place in their public inspection file the records required by Section 73.1943 of the Rules concerning broadcasts by candidates for public office. Section 73.1943 requires the political file to be ``a complete and orderly record . . . of all requests for broadcast time made by or on behalf of a candidate for public office [and] . . . [w]hen free time is provided for use by or on behalf of candidates,
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  • 47 C.F.R. § 73.3526(c): ``The file shall be available for public inspection at any time during regular business hours.'' At the time of inspection, the public inspection file was only available from 9:00 AM to Noon. b. 47 C.F.R. § 73.3526(e)(6): The material to be retained in the public inspection file is as follows: ``Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office.'' Review of the public inspection file found no 2008 Iowa caucus records in the political file folder. When asked about any current political ads, the station owner advised that one was aired during the 2008 Iowa caucus and should have been placed in the public file. Pursuant to Section 308(b)
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  • place in their public inspection file the most recent and complete copy of the ownership report, along with any licensee statements certifying that the report is accurate. Examination of KIQQ(AM) and KIQQ-FM's public inspection files revealed no ownership reports or certifications. Section 73.3526(e)(6) of the Rules requires licensees to place in their public inspection file the records required by Section 73.1943 of the Rules concerning broadcasts by candidates for public office. Section 73.1943 requires the political file to be ``a complete and orderly record . . . of all requests for broadcast time made by or on behalf of a candidate for public office [and] . . . [w]hen free time is provided for use by or on behalf of candidates,
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  • inspection a file containing materials listed in that section. Sections 73.3526(b) and 73.3526(c)(1) of the Rules require that the public inspection file be available during regular business hours at the main studio of the station. Section 73.3526(e)(6) of the Rules requires all AM and FM broadcast stations to place in the public files such records as are required by Section 73.1943 to be kept concerning broadcasts by candidates for public office. On May 13, 2009, in response to a request made during regular business hours at the station's main studio, station WQBU-FM was unable to make available a political file. Although Univision now reports that the political file was located above the public file cabinet, the fact remains that the political
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  • inspection a file containing materials listed in that section. Sections 73.3526(b) and 73.3526(c)(1) of the Rules require that the public inspection file be available during regular business hours at the main studio of the station. Section 73.3526(e)(6) of the Rules requires all AM and FM broadcast stations to place in the public files such records as are required by Section 73.1943 to be kept concerning broadcasts by candidates for public office. On October 15, 2009, in response to a request made during regular business hours at the stations' main studio, station employees were unable to make available a political file for either station WZRC or station WKDM. Station employees, however, provided the agent invoices that showed the station had in fact
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  • at which time a copy of the new report and any related materials shall be placed in the file.'' At the time of inspection, a copy of the most recent ownership report was not in the public inspection file. 47 C.F.R. § 73.3526(e)(6): The public inspection file shall contain a political file with ''[s]uch 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).'' At the time of inspection, no political file was in the public inspection file. In response to a Letter of Inquiry, WGBB-AM, Inc. reported that it provided broadcast time on one occasion in the two years
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • CBS, Inc. v. FCC, 453 U.S. 367, 396 (1981). 168 Pub. L. No. 92-225, 86 Stat. 3 (1971); 47 U.S.C. § 315(b); 47 C.F.R. § 73.1942. 169 47 C.F.R. § 76.206. 170 47 C.F.R. § 25.701(c). See 47 U.S.C. § 335(a). 171 DARS R&O, 12 FCC Rcd at 5792. 172 3 Fed. Reg. 1692, 1693 (1938). 173 47 C.F.R. § 73.1943. 174 Amendment of the Commission's Rules to Require Stations to Notify Opposing Candidates of Gifts of Time For Use Within 72 Hours Prior to Day of Election, 60 FCC 2d 884, 886 (1976). 175 Pub. L. No. 107-155, 116 Stat. 81 (2002). 176 47 U.S.C. § 315(e). This is defined as "a message relating to any political matter of national
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  • Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KBOY-FM in Medford, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KBOY-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. § 73.3526(e)(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 maintained for the period specified in § 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. Pursuant to
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  • Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KTMT-FM in Medford, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KTMT-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. § 73.3526(e)(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 maintained for the period specified in § 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. Pursuant to
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  • Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KAKT in Phoenix, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KAKT located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. § 73.3526(e)(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 maintained for the period specified in § 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. Pursuant to
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  • Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KCMX in Phoenix, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KCMX located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. § 73.3526(e)(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 maintained for the period specified in § 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. Pursuant to
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  • Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KTMT in Ashland, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KTMT located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. § 73.3526(e)(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 maintained for the period specified in § 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. Pursuant to
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  • Commission's Rules, to the Mapleton License of Medford, LLC (``Mapleton''), licensee of radio station KCMC-FM in Ashland, Oregon. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KCMX-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: 47 C.F.R. § 73.3526(e)(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 maintained for the period specified in § 73.1943 (2 years).'' During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. Pursuant to
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  • charge of implementing campaign finance disclosure requirements? If so, would FCC requirements that are duplicative to FEC rules violate the Paperwork Reduction Act? 5 Even if such evidence exists, the Commission has enforcement mechanisms to handle matters of non- compliance. 6 Broadcasters also have additional political disclosure requirements beyond what is in the Commission's political file rule. 47 C.F.R. § 73.1943. In 2002, the Bipartisan Campaign Reform Act of 2002 (BCRA) amended section 315 of the Communications Act to require disclosure of purchases of broadcast time on behalf of a candidate or that communicates a political message of national importance. Bipartisan Campaign Reform Act of 2002 § 504, 47 U.S.C. § 315(e) (2002). The text of BCRA was not incorporated into
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  • (explaining that one group recommended five minutes during the evening hours for thirty days before election, and that others had recommended twenty minutes in even-numbered years and fifteen minutes in odd-numbered years (when there are fewer elections) for thirty days before election). Id. at 21649 ¶ 38. . 47 U.S.C. § 315(b). 47 C.F.R. § 73.1942(b). Id. Id. at § 73.1943(a). 1960 En Banc Programming Inquiry, 44 F.C.C. at 2314. Radio Deregulation Order, 84 F.C.C.2d at 995-96 ¶ 63. See Stone v. FCC, 466 F.2d 316 (D.C. Cir. 1972) (stating that licensees ``may not flatly ignore a strongly expressed need'' by a segment of their communities of license, such as minority groups). See Radio Deregulation Order, 84 F.C.C.2d at 997 ¶
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  • to constitute a prominent disclosure by DBS providers. Compare, In the Matter of Codification of the Commission's Political Programming Policies, Memorandum Opinion and Order, 7 FCC Rcd 4611, 4626 n. 150 (1992) (``...we leave to the discretion of broadcasters to determine what exactly constitutes a `request for time.''') See amended rule section 25.701(d) in Appendix A; compare 47 C.F.R. §§ 73.1943 and 76.1701. 47 U.S.C. § 335(a). See First Report and Order, 13 FCC Rcd at 23274-76, see also Pub. Law 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (November 29, 1999). See ACA Petition for Reconsideration (``ACA Petition''), filed Mar. 10, 1999, at 5-14. See ACA Reply, filed June 1, 1999, at 4-6. ACA filed these comments prior to the Commission's
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  • public inspection files on their websites. Instead, we will simply permit television stations, over which we do have jurisdiction, to comply with our requirements by placing their public files on their SBAs' websites, as long as their SBA permits, and the stations provide a link to their public inspection files from their own websites. Political File. Sections 73.3526(e)(6), 73.3527(e)(5), and 73.1943 of the Commission's Rules require that stations keep as part of their public inspection files a ``political file.'' The political file chiefly consists of ``a complete and orderly record ... of all requests for broadcast time made by or on behalf of a candidate for public office, together with an appropriate notation showing the disposition made by the licensee of
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  • campaigns which she argues is directly related to the cost of television advertising and declares it ``unfair that broadcasters charge such high prices for political ads the closer it gets to election day.'' (Charlotte Tr. 134-35). Reply Comments of The Alliance for Better Campaigns and The Campaign Legal Center (Jan. 3, 2005) at 4-7. Id. at 5-11. See 47 C.F.R. §§73.1943, 73.3526(e)(6), 73.3527(e)(5), 76.1701, 25.701(d). See 47 U.S.C. § 315(e). 47 U.S.C. § 315(e)(1)(A). 47 U.S.C. § 315(e)(1)(B). 47 C.F.R. § 73.1943 (broadcast); 47 C.F.R. § 76.1701 (cable); 47 C.F.R. § 25.701(d) (DBS). 47 C.F.R. § 73.1212(e). See Enhanced Disclosure Order. See supra note 37. See NOI, 19 FCC Rcd at 12434 ¶ 24. See Radio Deregulation Order, 84 F.C.C.2d at
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  • § 73.3526 of this chapter. If the broadcast is originated by a network, the list may, instead, be retained at the headquarters office of the network or at the location where the originating station maintains its public inspection file under § 73.3526 of this chapter. Such lists shall be kept and made available for a period of two years. Section 73.1943 is amended by adding § 73.1943(d) to read as follows: § 73.1943 Political File. * * * * * (d) Location of the file. A television station licensee or applicant must also place all of the contents of its political file on the Commission's website. This electronic political file must be updated in the same manner as subsection (c) above.
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  • a complete record of a request to purchase broadcast time'' and that ``[t]he information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.'' In doing this, Congress essentially codified the existing political file regulations as reflected in Section 73.1943 of our rules at the time, and placed no new restriction on the Commission's discretion to implement the public-access policy. That is particularly significant because, at the time of BCRA's passage, the Commission had tentatively concluded in this very proceeding that stations should place their public inspection files - including their political files - online. Congress was presumably aware that
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  • fully understand the capabilities of the proposed database in determining filing requirements and deadlines. In these times when the government is making do with less, I question whether implementing a new and complex database is the best use of Commission assets. Accordingly, I respectfully approve in part and dissent in part. See 47 C.F.R. §§ 73.3526, 73.3527. See Id. §§ 73.1943, 73.3526(e)(6), 73.3527(e)(5); Bipartisan Campaign Reform Act of 2002 § 504, 47 U.S.C. § 315(e) (2002) (codifying the Commission's rules and requiring broadcaster disclosure of political issue ads, by expanding the criteria to purchases of broadcast time ``relating to any political matter of national importance.'' Compare New Section 0.418 and Amendment of Sections 0.417 (formerly in 0.406), 1.580 (formerly 1.359), and
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-242824A1.html
  • materials. A copy of the most recent, complete ownership report filed with the FCC for the station...'' At the time of inspection, no ownership reports were in the public inspection file. 2.e. 47 C.F.R. 73.3526(e)(6): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...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).'' (See attached). At the time of inspection, no political file was in the public inspection file. 2.f. 47 C.F.R. 73.3526(e)(8): ``Contents of the file. The material required to be retained in the public inspection file is as
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-248176A1.html
  • 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.'' At the time of inspection, the most recent owner ship report was not available. 2.h. 47 C.F.R 73.3526(e) (6): ``Political File. Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office.'' At the time of inspection the ``Political File'' was not available. 2.i. 47 C.F.R 73.3526(e) (8): ``The public and Broadcasting. At all times, a copy of the most recent version of the manual entitled ``The public and broadcasting.'' At the time of inspection copy of the manual ``The public and
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-299626A1.html
  • which time a copy of the new report and any related materials shall be placed in the file." At the time of inspection, a copy of the most recent ownership report was not in the public inspection file. e. 47 C.F.R. S: 73.3526(e)(6): The public inspection file shall contain a political file with "[s]uch records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be retained for the period specified in S: 73.1943 (2 years)." At the time of inspection, no political file was in the public inspection file. In response to a Letter of Inquiry, WGBB-AM, Inc. reported that it provided broadcast time on one occasion in the two years
• http://transition.fcc.gov/eb/bc-chklsts/EB18LPFM06_2008.pdf
  • in operation? [See 73.878(a)] H. POLITICAL FILE: LPFM licensees are to have a complete record of all requests for broadcast time made by or on behalf of candidates for public office, together with an appropriate notation showing the disposition made by the licensee of such requests, and the charges made, if any, if the request was granted. [See 73.1212 and 73.1943] 11. POLITICAL: Is this station maintaining a political file in accordance with Section 73.1943(a-c)? 12. RETENTION: Are these records retained for a period of two years? [See 73.1943(c)] I. TELEPHONE CONVERSATIONS: Before recording a telephone conversation for broadcast, or broadcasting such a conversation simultaneously with its occurrence, a licensee shall inform any party to the call of the licensee's intention
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • of operation. [565]TEXT [566]PDF 73.1800 General requirements related to the station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office. [579]TEXT [580]PDF 73.1941 Equal opportunities. [581]TEXT [582]PDF 73.1942 Candidate rates. [583]TEXT [584]PDF 73.1943 Political file. [585]TEXT [586]PDF 73.1944 Reasonable access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications required. [594]TEXT [595]PDF 73.3512 Where to file; number of copies. [596]TEXT [597]PDF 73.3513 Signing of applications. [598]TEXT [599]PDF 73.3514 Content of applications. [600]TEXT [601]PDF 73.3516 Specification of facilities. [602]TEXT
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • levels: AM, FM, and TV aural. Section 73.1580-Transmission system inspections. Section 73.1610-Equipment tests. Section 73.1620-Program tests. Section 73.1650-International agreements. Section 73.1660-Acceptability of broadcast transmitters. Section 73.1665-Main transmitters. Section 73.1692-Broadcast station construction near or installation on an AM broadcast tower. Section 73.1745-Unauthorized operation. Section 73.1750-Discontinuance of operation. Section 73.1920-Personal attacks. Section 73.1940-Legally qualified candidates for public office. Section 73.1941-Equal opportunities. Section 73.1943-Political file. Section 73.1944-Reasonable access. Section 73.3511-Applications required. Section 73.3512-Where to file; number of copies. Section 73.3513-Signing of applications. Section 73.3514-Content of applications. Section 73.3516-Specification of facilities. Section 73.3517-Contingent applications. Section 73.3518-Inconsistent or conflicting applications. Section 73.3519-Repetitious applications. Section 73.3520-Multiple applications. Section 73.3525-Agreements for removing application conflicts. Section 73.3539-Application for renewal of license. Section 73.3542-Application for emergency authorization. Section 73.3545-Application for
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990108.html
  • rules and processes, the FCC has streamlined the procedural rules for petitions and complaints filed under Part 76. Dkt No.: CS-98-54. Action by the Commission. Adopted: December 18, 1998. by R&O. (FCC No. 98-348). CSB Internet URL: [9]http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98348.wp VISTA POINT COMMUNICATIONS, INC., MARQUETTE, MI. Ordered Vista Point, former licensee of Station WFXD(FM) to forfeit $4,800 for repeated violations of Section 73.1943 of FCC's rules. Action by Chief, Mass Media Bureau. Adopted: January 7, 1999. by MO&O & FO. (DA No. 99-118). MMB CITICASTERS CO., CLEARWATER, FL. Issued Citicasters Co., licensee of WXTB(FM), Clearwater, FL a Notice of Apparant Liability for $7,000 for broadcasting allegedly indecent material. Action by Chief, Mass Media Bureau. by Letter. (DA No. 99-116). MMB Internet URL: [10]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990116.wp
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237762A1.html
  • to a request by the Federal Emergency Management Agency, and in order to avoid potential public confusion or fear in connection with the terrorist attacks of September 11, 2001, the Bureau would not enforce EAS testing requirements from that date until October 2, 2001. See Public Notice, EAS Routine Testing, DA 01-2183, (rel. September 18, 2001). 4 See 47 C.F.R. 73.1943. 5 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act ....'' See Southern California
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-242824A1.html
  • materials. A copy of the most recent, complete ownership report filed with the FCC for the station...'' At the time of inspection, no ownership reports were in the public inspection file. 2.e. 47 C.F.R. 73.3526(e)(6): ``Contents of the file. The material required to be retained in the public inspection file is as follows:...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).'' (See attached). At the time of inspection, no political file was in the public inspection file. 2.f. 47 C.F.R. 73.3526(e)(8): ``Contents of the file. The material required to be retained in the public inspection file is as
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-248176A1.html
  • 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.'' At the time of inspection, the most recent owner ship report was not available. 2.h. 47 C.F.R 73.3526(e) (6): ``Political File. Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office.'' At the time of inspection the ``Political File'' was not available. 2.i. 47 C.F.R 73.3526(e) (8): ``The public and Broadcasting. At all times, a copy of the most recent version of the manual entitled ``The public and broadcasting.'' At the time of inspection copy of the manual ``The public and
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-268886A1.html
  • the ownership report, along with any licensee statements certifying that the report is accurate. Examination of KIQQ(AM) and KIQQ-FM `s public inspection files revealed no ownership reports or certifications. Therefore, MBR failed to comply with Section 73.3526(e)(5) of the Rules. 9. Section 73.3526(e)(6) of the Rules requires licensees to place in their public inspection file the records required by Section 73.1943 of the Rules concerning broadcasts by candidates for public office. Section 73.1943 requires the political file to be "a complete and orderly record . . . of all requests for broadcast time made by or on behalf of a candidate for public office [and] . . . [w]hen free time is provided for use by or on behalf of candidates,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-281223A1.html
  • 47 C.F.R. S: 73.3526(c): "The file shall be available for public inspection at any time during regular business hours." At the time of inspection, the public inspection file was only available from 9:00 AM to Noon. b. 47 C.F.R. S: 73.3526(e)(6): The material to be retained in the public inspection file is as follows: "Such records as are required by 73.1943 to be kept concerning broadcasts by candidates for public office." Review of the public inspection file found no 2008 Iowa caucus records in the political file folder. When asked about any current political ads, the station owner advised that one was aired during the 2008 Iowa caucus and should have been placed in the public file. 3. Pursuant to Section
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-282595A1.html
  • in their public inspection file the most recent and complete copy of the ownership report, along with any licensee statements certifying that the report is accurate. Examination of KIQQ(AM) and KIQQ-FM's public inspection files revealed no ownership reports or certifications. 8. Section 73.3526(e)(6) of the Rules requires licensees to place in their public inspection file the records required by Section 73.1943 of the Rules concerning broadcasts by candidates for public office. Section 73.1943 requires the political file to be "a complete and orderly record . . . of all requests for broadcast time made by or on behalf of a candidate for public office [and] . . . [w]hen free time is provided for use by or on behalf of candidates,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-294206A1.html
  • inspection a file containing materials listed in that section. Sections 73.3526(b) and 73.3526(c)(1) of the Rules require that the public inspection file be available during regular business hours at the main studio of the station. Section 73.3526(e)(6) of the Rules requires all AM and FM broadcast stations to place in the public files such records as are required by Section 73.1943 to be kept concerning broadcasts by candidates for public office. On May 13, 2009, in response to a request made during regular business hours at the station's main studio, station WQBU-FM was unable to make available a political file. Although Univision now reports that the political file was located above the public file cabinet, the fact remains that the political
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296705A1.html
  • inspection a file containing materials listed in that section. Sections 73.3526(b) and 73.3526(c)(1) of the Rules require that the public inspection file be available during regular business hours at the main studio of the station. Section 73.3526(e)(6) of the Rules requires all AM and FM broadcast stations to place in the public files such records as are required by Section 73.1943 to be kept concerning broadcasts by candidates for public office. On October 15, 2009, in response to a request made during regular business hours at the stations' main studio, station employees were unable to make available a political file for either station WZRC or station WKDM. Station employees, however, provided the agent invoices that showed the station had in fact
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-299626A1.html
  • which time a copy of the new report and any related materials shall be placed in the file." At the time of inspection, a copy of the most recent ownership report was not in the public inspection file. e. 47 C.F.R. S: 73.3526(e)(6): The public inspection file shall contain a political file with "[s]uch records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be retained for the period specified in S: 73.1943 (2 years)." At the time of inspection, no political file was in the public inspection file. In response to a Letter of Inquiry, WGBB-AM, Inc. reported that it provided broadcast time on one occasion in the two years
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-308429A1.html
  • to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KBOY-FM in Medford, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KBOY-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. 3. Pursuant
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-308430A1.html
  • to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KTMT-FM in Medford, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KTMT-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. 3. Pursuant
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-308432A1.html
  • to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KAKT in Phoenix, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KAKT located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. 3. Pursuant
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-308433A1.html
  • to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KCMX in Phoenix, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KCMX located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. 3. Pursuant
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-308434A1.html
  • to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KTMT in Ashland, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KTMT located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. 3. Pursuant
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-308436A1.html
  • to the Mapleton License of Medford, LLC ("Mapleton"), licensee of radio station KCMC-FM in Ashland, Oregon. 2. On June 15, 2011, an agent of the Enforcement Bureau's Portland Office inspected radio station KCMX-FM located at 1438 Rossanley Drive, Medford, Oregon, and observed the following violation: a. 47 C.F.R. S: 73.3526(e)(6): "Political File - Such records as are required by S: 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be maintained for the period specified in S: 73.1943 (2 years)." During the inspection conducted on June 15, 2011, the Political File for the 2010 general election was not located with the public inspection file, it was misplaced in a separate drawer by the licensee. 3. Pursuant
• http://www.fcc.gov/fcc-bin/audio/DA-06-2344A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2344A1.pdf
  • Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules'') by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully and repeatedly violated Sections 73.1943 and 73.3527 of the Rules by failing to retain all required documentation in the WRCJ-FM public inspection file. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of two thousand dollars ($2,000), and we grant the captioned WRCJ-FM renewal application. II. BACKGROUND Section
• http://www.fcc.gov/fcc-bin/audio/DA-06-759A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-759A1.pdf
  • file a license renewal and for unauthorized operation. The application for assignment of WYXC(AM)'s license was granted on June 14, 2005. These grants and the Notice of Apparent Liability for Forfeiture were set aside on July 15, 2005. For the reasons set forth below, we grant Hershovitz's Objection in part and admonish Rogers for its violation of Sections 73.3526 and 73.1943 of the Commission's rules. Additionally, we again issue a NOTICE OF APPARENT LIABILITY FOR FORFEITURE to Rogers for its failure to timely file a license renewal application and for unauthorized operation; we also grant Rogers' license renewal application and the application for assignment of WYXC(AM)'s license to Clarion Communications, Inc. Public file rule allegation. In his Objection, Hershovitz alleges that
• http://www.fcc.gov/fcc-bin/audio/DA-07-1935A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1935A1.pdf
  • broadcast political ads on March 11, 1996, its own sales manager's check of the public file three days later revealed no record of these ads nor of any candidate requests for air time (Reply, Exhibit B). Navajo also alleges that the sales manager found that the public file lacked a political file, contrary to the mandates of 47 C.F.R. §§ 73.1943 and 73.3526(a)(4). See, e.g., Joseph W. Bollinger and Donna M. Bollinger, Memorandum Opinion and Order, 16 FCC Rcd 22977, 22978 (2001) (allegation of violations at other stations will not cause re-evaluation of assignor's qualifications unless issues related to the assignor's basic qualifications have been designated for hearing or have been sufficiently raised in petitions to warrant the designation of a
• http://www.fcc.gov/fcc-bin/audio/DA-07-4343A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4343A1.pdf
  • (the ``Rules''); and (3) there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant the renewal application. Petitioners argue that Clear Channel failed to maintain the political file section of the WSYR(AM) public inspection file by ``paying inadequate attention to administrative procedures and record keeping.'' Specifically, Petitioners claim that WSYR(AM) violated Section 73.1943(a) of the Rules by failing to place in its local public inspection file sufficient documentation concerning 30-second spots placed during the weekend of November 5-6, 2005, by Citizens for Integrity in Politics (``Citizens'') during the Syracuse mayoral election. Petitioners state that Mr. Oldfield visited the Clear Channel offices on November 14, 2005, to inspect the WSYR(AM) public inspection file and
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • of operation. [565]TEXT [566]PDF 73.1800 General requirements related to the station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office. [579]TEXT [580]PDF 73.1941 Equal opportunities. [581]TEXT [582]PDF 73.1942 Candidate rates. [583]TEXT [584]PDF 73.1943 Political file. [585]TEXT [586]PDF 73.1944 Reasonable access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications required. [594]TEXT [595]PDF 73.3512 Where to file; number of copies. [596]TEXT [597]PDF 73.3513 Signing of applications. [598]TEXT [599]PDF 73.3514 Content of applications. [600]TEXT [601]PDF 73.3516 Specification of facilities. [602]TEXT
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • of operation. [518]TEXT [519]PDF 73.1800 General requirements related to the station log. [520]TEXT [521]PDF 73.1820 Station log. [522]TEXT [523]PDF 73.1835 Special technical records. [524]TEXT [525]PDF 73.1840 Retention of logs. [526]TEXT [527]PDF 73.1870 Chief operators. [528]TEXT [529]PDF 73.1910 Fairness Doctrine. [530]TEXT [531]PDF 73.1940 Legally qualified candidates for public office. [532]TEXT [533]PDF 73.1941 Equal opportunities. [534]TEXT [535]PDF 73.1942 Candidate rates. [536]TEXT [537]PDF 73.1943 Political file. [538]TEXT [539]PDF 73.1944 Reasonable access. [540]TEXT [541]PDF 73.2080 Equal employment opportunities (EEO). [ [542]Media Bureau's EEO Page ] [543]TEXT [544]PDF 73.3500 Application and report forms. [545]TEXT [546]PDF 73.3511 Applications required. [547]TEXT [548]PDF 73.3512 Where to file; number of copies. [549]TEXT [550]PDF 73.3513 Signing of applications. [551]TEXT [552]PDF 73.3514 Content of applications. [553]TEXT [554]PDF 73.3516 Specification of facilities. [555]TEXT