FCC Web Documents citing 73.3580

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

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  • supported by affidavits or declarations under penalty of perjury from persons with personal knowledge of the facts set forth in the petition. Therefore, we will dismiss the petition and treat it as an informal objection pursuant to Section 73.3587 of the Commission's rules. 10. Julien alleges that Marri failed to publish local notice of its application as required by Section 73.3580 of the Commission's rules. Julien asserts that local notice was not published in either of the two daily newspapers located in the Virgin Islands, The St. Croix Avis or The Virgin Islands Daily News. Julien further states that he only became aware of Marri's pending application while perusing the Internet website of Broadcasting and Cable Magazine. He argues that by
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  • renewal application. An application for renewal of WSMX(AM)'s license should have been filed by August 1, 2003. No such application was filed, and the station's license expired on December 1, 2003. Upon learning of the expiration of the WSMX license, GMI: (1) contacted legal counsel; (2) tendered the subject license renewal application; (3) commenced running post-filing announcements pursuant to Section 73.3580 of the Commission's rules; and (4) tendered a request for Special Temporary Authorization (``STA'') to continue operation of WSMX(AM) pending action on the license renewal application. The staff granted the STA request on December 17, 2003. Upon the December 1, 2003, expiration of WSMX(AM)'s license, GMI's operation of WSMX(AM) was unauthorized and should have ceased immediately. In its petition, GMI
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  • 12757 (1999) (denying March 1993 motions for declaratory ruling as untimely petitions for reconsideration of, and impermissible collateral attacks on, the Commission's Frequency Coordination decision, which became final in 1987). See 47 C.F.R. � 1.102 (the Commission may issue a declaratory ruling ``terminating a controversy or removing uncertainty.'') 47 C.F.R. � 1.44(e). See 47 U.S.C. � 308(c); 47 C.F.R. �� 73.3580(a)(1), 73.3584. 47 C.F.R. � 73.3597. The WTRK(FM) Assignment Application was accepted for filing by Public Notice released on March 30, 2004. See Broadcast Applications, Report No. 25703 at 2. Petitions to deny the application were due within 30 days of that date. 47 U.S.C. � 309(d); 47 C.F.R. � 73.3584. MCR asserts that BBMG's sloppiness has prevented it from improving
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  • Esq. Marissa G. Repp, Esq. CCBL filed an Opposition to the Petition on July 7, 2005, to which BCI replied on July 19, 2005. CCBL filed a ``Motion for Leave to File a Surreply'' and ``Surreply'' on August 8, 2005. Because petitions to deny do not lie against covering license applications, see 47 U.S.C. � 309(c) and 47 C.F.R. �� 73.3580 and 73.3594(a), we will treat Blakeney's Petition as an informal objection under 47 C.F.R. � 73.3587. Further, because there is no formal pleading cycle established by the Commission's rules in the context of an informal objection, we are free to consider CCBL's ``Surreply'' and will do so here. 47 C.F.R. � 73.3598(a). 47 U.S.C. � 319(b). See 47 C.F.R. �
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  • that listeners monitor the FCC's public notices constitutes an enormous and unfair burden. Citing Fenwick Island Broadcast Corporation et al. (``Fenwick''), Dallavalle argues that the Commission intends a 30-day petition to deny period following the station's local public notice. Dallavalle reiterates its position that there was no local notice of the proposed sale in January 2004, as prescribed by Section 73.3580 of our rules, but now adds in the alternative that, if there was local notice, it was inadequate. Dallavalle also reiterates its argument that the Application was not signed by an authorized corporate official and complains that the staff ignored Dallavalle's comments on the local marketing agreement. Finally, in its Motion, Dallavalle claims that Tom Bush (``Bush'') abused the Commission's
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  • any underlying private agreement, much less one that contravenes Commission policy or the Act, as Washburn suggests in the instant case. Therefore, Washburn's contention that the Commission ``affirmed'' the intent of the trust as to WCRB(FM)'s music format is without merit. Finally, Washburn has presented no information to demonstrate that the CRB violated the local public notice provisions of Section 73.3580 in its pre-filing announcements of the filing of WCRB(FM)'s Application. Accordingly, there is no need to further address that matter. Conclusion/Actions. We find that neither the Vessot nor Washburn objections contains adequate or specific factual allegations sufficient to warrant further inquiry regarding renewal of WCRB(FM)'s license. Furthermore, pursuant to Section 309(k) of the Act, we find neither evidence of serious
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  • circumstances in which an abuse of discretion becomes apparent. For example, we may consider whether a licensee which offers almost no amount of issue-responsive programming has defaulted on its public interest obligation. Mudd has not demonstrated that WBHM(FM) has abused that discretion. Finally, Mudd has presented no information to demonstrate that BTUA violated the local public notice provisions of Section 73.3580 in its pre- and post-filing announcements of the filing of WBHM(FM)'s renewal application. Mudd's assertion that the licensee failed to provide adequate notice of the filing of its renewal application because it broadcasts (in Mudd's opinion) an unpopular format is without merit. Conclusion/Actions. We find that Mudd's Objection contains neither adequate nor specific factual allegations sufficient to warrant further inquiry
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  • sell him the station for the price of an FM Class A station or else he would file the Petition. Discussion. As an initial matter, we cannot consider the Boyer filing as a Petition to Deny. Petitions to Deny may not be filed with regard to applications that do not require local public notice to be filed pursuant to Section 73.3580 of the Commission's rules. Such local public notice is not required in the case of applications for minor change in the facilities of an authorized station. Accordingly, we will consider the pleading as an informal objection pursuant to Section 73.3587 of the Commission's rules. With respect to the substantive allegations contained in the Petition, we are satisfied that Warren has
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  • control of a broadcast permit or license. . . . The viewer/listener exemption is designed to encourage viewers and listeners to submit informal comments when the Commission is considering new or modified station license applications or applications for renewal or transfer of such licenses. It was adopted in recognition of the fact that broadcasters are required by 47 C.F.R. � 73.3580 to publish a public notice seeking comments with respect to their pending applications. The exemption applies to ``individual members of the viewing and listening public in a facility's service area.'' 12. Here, however, Stu-Comm asked listeners in the WNRN service area to comment not on WNRN's pending application but on matters involving alleged interference related to the application of WGTS(FM),
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  • jurisdiction. ``Such allegations are properly the subject of private defamation actions [under state law], not of Commission licensing proceedings.'' Accordingly, we have no legal basis to take action based on Ms. Lewis' programming allegation. Further, Ms. Lewis only presents us with a bare assertion, unsupported by a sworn declaration, that WVAZ(FM) violated the public notice requirements set forth in Section 73.3580 of the Commission's Rules. She has not offered any probative evidence that would lead us to conclude that WVAZ(FM) did not make the required on-air announcements, such as sworn declarations from persons who listened to the station for a significant time during the relevant period. We also note that Ms. Lewis herself received sufficient notice to enable her to submit
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  • (2003), aff'd, 411 F.3d 283 (D.C. Cir. 2005). Id., 18 FCC Rcd at 620. MCBI filed a subsequent application for minor modification to its construction permit, File No. BMPH-20020531AAJ, which was granted July 29, 2002. The instant application is for license to cover the construction permit as modified. See supra note 6. See 47 U.S.C. � 309(c); 47 C.F.R. �� 73.3580(a)(3), 73.3584(a). Id. � 73.3587. See supra note 10 and accompanying text. fective radiated power is 5.2 kW, the blanketing contour extends 0.559 miles from its transmitter. In its Reply to Opposition, DJ referenced and attached two complaints in which the complainant's names and addresses were hand-written on what appears to be a form prepared by DJ. One of the complainants
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  • filed not later than 30 days after issuance of the public notice of acceptance of that application. Petitions to deny the Renewal Application must be filed not later than 90 days after issuance of the public notice of acceptance of that application. We also direct Sumiton to broadcast over WRSM(AM) all post-filing announcements regarding the Renewal Application required by Section 73.3580(d)(4)(ii) of the Rules, had the Renewal Application been filed on the date of this letter. Additionally, we direct Sumiton to submit to the Commission copies of any agreement(s) between itself and American Trust Corporation relating to the operation of WRSM(AM) within 30 days from the date of this letter. Accordingly, IT IS ORDERED That the August 15, 2005, Petition for
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  • formats through market forces and competition among broadcasters . . . '' and that a change in programming is not a material factor that should be considered by the Commission in ruling on applications for license assignment or transfer. Additionally, one of the objectors has alleged that CPRI's public notice of the proposed sale did not fully comply with Section 73.3580 of the Rules and, therefore, seeks an extension of the period for filing public comment. We decline to postpone a decision in this matter, noting that the objector advises that CPRI took measures to eliminate the problem with the public notice. In light of the time since those corrective efforts were undertaken by CPRI, all comments to the Assignment Application,
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  • its license or other instruments of authorization to the Commission as would be required if the station were to cease all broadcast operation. Id. In addition, stations electing to discontinue digital operations pre-transition and operate only in analog for the remainder of the transition must provide notice to the public of the discontinuance of digital service as required by Section 73.3580(d)(3). 47 C.F.R. � 73.3580(d)(3). The flash cut permission granted herein pertains only to the enumerated stations and only with respect to the pre-transition digital channels listed on the attached Appendix. In interim since the adoption of the Second DTV Periodic Report and Order, Congress enacted the February 17, 2009 hard deadline for the transition from analog to digital full power
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  • while the announcements should have aired ``several times a day'' on the 1st and 16th of June, July, August, September, and October of 2005, they heard the announcements only twice. They state that the two announcements they did hear were broadcast in English, not in Cantonese, which is the primary language in which Station KMRB(AM) broadcasts, in violation of Section 73.3580 of the Rules. They also contend that the Licensee broadcast what it characterizes as obscene commercials, chiefly for ``health related food supplements.'' Additionally, the Joint Informal Objectors complain that one of KMRB(AM)'s show hosts, Chien-Chien, enjoys special privileges at the station that include allowing her to air more commercials, to criticize celebrities and businesses, to make disparaging comments regarding consumer
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  • to that permit to substitute channel 17 for channel 44, has filed a petition to deny both applications. Procedural Matters: As an initial matter, we cannot consider the filing against the STA extension application as a petition to deny. Petitions to deny may not be filed with regard to applications that do not require local public notice pursuant to Section 73.3580 of the Commission's Rules. Such local public notice is not required in the case of an application for an STA or an extension thereof. Accordingly, we will consider the pleading as an informal objection pursuant to Section 73.3587 of the Commission's Rules. With respect to the petition to deny filed against the WEBR-CA renewal application, a party has standing to
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  • 9, 2008). See Kovas Communications of Indiana, Inc., Letter, 21 FCC Rcd 2196 (MB 2006). See Broadcast Actions, Public Notice, Report No. 46470 (Apr. 23, 2007) at 2. See July 2008 Amendment to the dismissed WMCW Application, Attachment 1, at 1. Id. Petitions to deny do not lie against minor change applications. See 47 U.S.C. � 309(d)(1); 47 C.F.R. � 73.3580(a). Accordingly, the Heller Petition will be treated herein as an Informal Objection pursuant to 47 C.F.R.� 73.3587. See 47 C.F.R. � 73.3517. See, e.g., Review of the Technical Assignment Criteria for the AM Broadcast Service, 6 FCC Rcd 6273 (1991), recon. granted in part and denied in part, 8 FCC Rcd 3250 (1993). Policies to Encourage Interference Reduction between AM
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  • � 73.3587. ICR requests that the staff grant it leave to file its untimely Opposition to the Petition. 47 C.F.R. � 73.509. Section 73.509(a) prohibits the 54 dBu interfering signal from causing overlap to the protected 60 dBu signal of a first-adjacent channel station. For example, ``Darin Johnson'' claims that ICR did not run the newspaper notice required by Section 73.3580 of the Rules; did not include in the Application any record of permission to use the transmitter site specified in the Application; and failed to request a waiver of the main studio location rule [47 C.F.R. 73.1125] even though ICR could not house a main studio in Watkins Glen, the proposed community of license. See Letter from Melodie A. Virtue,
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  • e.g., Des Moines Independent School District, Memorandum Opinion and Order and Notice of Apparent Liability, 21 FCC Rcd 6342 (MB 2006); RealRadio, LLC, Memorandum Opinion and Order and Notice of Apparent Liability, 21 FCC Rcd 6346 (MB 2006); Best Media Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 21 FCC Rcd 6354 (MB 2006). Objection at 2. Section 73.3580(d) of the Rules, 47 C.F.R. � 73.3580(d), requires licensees of broadcast stations to make certain announcements alerting the public that the licensee is applying to renew the Station's license and informing the public that they may provide information to the Commission regarding the licensee's qualifications. These announcements must be made prior to and following the filing of a license renewal
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  • went back on-air, it also broadcast notice of its filing on the Station once daily from October 24, 2007, through October 27, 2007. Objectors and Petitioners argue that Trinity's public notice was defective under the Rules on several grounds. First, several Objectors allege that Trinity's on-air public notice was defective because it was not timely broadcast in accordance with Section 73.3580(d) of the Rules. Next, Petitioners allege that Trinity failed to give adequate public written notice pursuant to Section 73.3580(c) of the Rules. Petitioners claim that The Sun Sentinel is published and distributed in Fort Lauderdale (approximately 24 miles north of Miami) and therefore does not constitute a ``newspaper of general circulation'' in the Miami area. Finally, Petitioners allege that Trinity's
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  • with the Commission's public notice requirements, and submits supporting documentation. See Declaration of Christopher Squire, Vice President of Operations, Urban (Feb. 14, 2007); Inner City Broadcasting Company, Inc., Time Order (Nov. 13, 2006); WHAT(AM) Contract Confirmation (Nov. 13, 2006) (Urban Opposition, Exhibit A); Sworn Declaration of Anna Dickerson, Philadelphia Inquirer (Nov. 28, 2006) (Urban Opposition, Exhibit B); 47 C.F.R. �� 73.3580(c) and (d)(3)(i). See 47 C.F.R. � 1.106(b)(1). See Changes in the Entertainment Formats of Broadcast Stations, Memorandum Opinion and Order, 66 FCC 2d 78 (1977), rev'd sub nom., WNCN Listeners Guild v. FCC, 610 F.2d 838 (D.C. Cir. 1979), rev'd, 450 U.S. 582 (1981). Section 326 of the Act expressly prohibits the Commission from interfering with the right of free
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  • call sign of WTPS(AM). Pursuant to Radio One's request, the Station's call sign was changed to WMCU(AM), effective October 25, 2007. Discussion. Svadbik argues that the Commission should deny or defer action on the Assignment Application for two reasons. First, Svadbik alleges that the applicants failed to give proper public notice of the proposed Assignment Application, as required by Section 73.3580 of the Commission's rules. Second, Svadbik argues that the call sign change ``was deliberately done to mislead the public.'' Svadbik urges the Commission to withhold action on the Assignment Application pending resolution of several civil actions that have been filed by ``various groups seeking legal and equitable remedies in Florida state courts against the call letters WMCU contemplated by the
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  • we deny the Objection and grant the Application. Background. On October 18, 2007, Iglesia tendered its Application for a new NCE-FM station on Channel 213 at Tucumcari, New Mexico. On November 27, 2007, Trinity submitted the Objection alleging that the Application should not be granted because Iglesia violated the local public inspection and local notice requirements of Sections 73.3527 and 73.3580, respectively, of the Commission's Rules (the ``Rules''). In the Opposition, Iglesia argues that the Objection constituted an unlawful ex parte communication because it was never served upon Iglesia or its attorney and that the Objection should be denied on its merits. In Reply, Trinity argues that Iglesia does not deny that it failed to comply with the requirements of Section
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  • informal objection, IS DENIED, and that the Application for a minor modification of the facilities of Station WKZS(FM), Thomasboro, Illinois (File No. BPH-20080108ABK) IS GRANTED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 C.F.R. � 73.3573(g). In accordance with established procedures, Benton-Weatherford certified that it provided local notice of the filing of the Application pursuant to Section 73.3580 of the Commission's Rules (the ``Rules'') and the Bureau published notice in the Federal Register that the Application had been filed. See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14218-14220 (2006) (``Community Change R&O''). The Bureau published notice of
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  • requirements for operational readiness of EAS equipment) and 73.1820(a)(1)(iii) (describing requirement to maintain a log of each test and activation of the EAS system). Schademann Objection at 2; see 47 C.F.R. � 17.48 (describing requirements to notify the Federal Aviation Administration of any observed or known extinguishment or malfunction of tower lights). Schademann Objection at 2; see 47 C.F.R. � 73.3580(d) (describing requirements to broadcast pre-filing and post-filing announcements of a broadcast station's license renewal application). The Schademann Objection claims that the Station failed to maintain a file of listener complaints. Schademann Objection at 2. However, 47 C.F.R. � 73.3527 (unlike � 73.3526, the public inspection file rule applicable to commercial radio stations) does not require NCE stations to maintain a
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  • cause interference to its FM translator station, K215BQ, Bishop, California. It also claims that Living Proof lacks reasonable assurance of site availability and that there are defects in Living Proof's local newspaper public notice that the Application had been filed. Kalish alleges that Living Proof falsely certified that it would comply with the local public notice publication requirements of Section 73.3580 of the Commission's Rules (the ``Rules'') and misrepresented that Kalish was engaged in settlement negotiations with Living Proof and the University. These matters, in combination, Kalish claims, show that Living Proof lacks ``forthrightness and candor'' and has made a ``possible material misrepresentation.'' Therefore, Kalish argues that the Application should be dismissed with prejudice. Finally, in his Reply, Kalish alleges that
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  • application of Ithaca Community Radio, Inc. (File No. BNPED-20071018AFY) for a new noncommercial educational FM station at Odessa, New York, IS GRANTED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Melodie A. Virtue, Esq. 47 C.F.R. � 73.3587. For example, ``Ray Smith'' claims that ICR is not ``local;'' ICR did not run the newspaper notice required by Section 73.3580 of the Rules; and ICR is using its FM translator station to raise funds for its proposed community radio station as well as its translator station beyond the costs related to installation, operation and maintenance of the translator, in violation of the Rules. See Opposition at Attachment 2. In addition, Smith states that he has ``neither been paid nor promised
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  • of Publication" with its Response signed by Randy S. Crayne, the Billing Manager of The Birmingham News, attesting that EWTN ran a public notice in that newspaper on four separate dates announcing its intention to construct a new station. The Commission's Rules outline the public notice requirements an applicant must satisfy. We find that EWTN satisfied the requirements of Section 73.3580 and Snyder's claim is therefore baseless. Lastly, Snyder claims that there are ``[c]onflicts of interest ... including applications by FCC registered attorneys... on their own behalf...who have no relation to the applications applied for....'' Snyder fails to explain what conflicts of interest exist, or how this argument applies to EWTN's Application. This claim requires no further discussion. Conclusion/Actions. Accordingly, for
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  • and Business Services at MU). See, e.g., Ithaca Community Radio, Letter, 24 FCC Rcd 363, 364 n.5 (MB 2009) (unsupported allegation adequately rebutted by licensee submission supported by affidavit from licensee board member). 47 C.F.R. � 73.3527. See id. at Attachment 2 (Declaration of Dr. John E. Williams, Superintendent of Rush County Schools); see also 47 C.F.R. �� 73.3527 and 73.3580. See n.5, supra. See id. (...continued from previous page) Federal Communications Commission Washington, D.C. 20554 � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '�
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  • in the Universal Licensing System (ULS) 03/31/13 3060-1128 National Broadband Plan Survey of Consumers 03/31/13 3060-1129 Broadband Speed Test and Unavailability Registry 02/28/13 3060-1130 National Broadband Plan Survey of Businesses 02/28/13 3060-1131 Implementation of the NET 911 Improvement Act of 2008: Location Information from Owners and Controllers of 911 and E911 Capabilities 12/31/12 3060-1133 FCC 308 and Secs. 73.3545 and 73.3580 01/31/13 3060-1135 Revisions to Rules Authorizing the Operation of Low Power Auxiliary Stations (including Wireless Microphones) 08/31/13 3060-1136 Spectrum Dashboard Customer Feedback 08/31/13 3060-1138 Secs. 1.49 and 1.54 04/30/13 3060-1139 Residential Fixed Broadband Services Testing and Measurement 04/30/11 3060-1140 Requests for Waiver of Various Petitioners to Allow the Establishment of 700 MHz Interoperable Public Safety Wireless Broadband Networks 11/30/13 Federal
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  • Certain Assets of CIMCO Communications, Inc. by Comcast Phone LLC, Comcast Phone of Michigan, LLC and Comcast Business Communications, LLC, WC Docket No. 09-183, Memorandum Opinion and Order and Order on Reconsideration, 25 FCC Rcd 3404, para. 15 (Mar. 15, 2010). See Comcast/CIMCO Notice, 24 FCC Rcd at 14818-9. Application at 16. See id. at 17 (citing 47 C.F.R. � 73.3580). See Letter from Winafred R. Brantl, Counsel to Applicants, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 10-158, IB File No. ITC-T/C-20100802-00314 (filed Sept. 15, 2010). See id. See 47 U.S.C. �� 572(b), 572(d)(6). 47 C.F.R. � 1.1200(a). Id. � 1.1206. See Commission Emphasizes the Public's Responsibilities in Permit-but-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). See 47
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  • A Television Service must give notice of the filing of an application for license. Need: This rule is necessary so that the public is made aware of the filing of an application for license by a station in the Class A Television Service and the procedures for commenting on such application. Legal Basis: 47 U.S.C. 336(f). Section Number and Title: 73.3580(d)(5) Local public notice of filing of broadcast applications. Brief Description: This rule sets for the procedures for filing petitions to deny requests for the involuntary downgrading of Class C FM stations to Class C0. Need: This rule is necessary to clarify the pleading procedures that apply in circumstances in which an application is filed which is mutually exclusive with an
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  • violations on the record, coupled with Licensee's apparent disregard for a prior admonition regarding those violations and refusal to address the allegations, indicate that `the licensee cannot be relied upon to operate [the station] in the future in accordance with the requirements of its licenses and the Commission's Rules.'''). Licensee is required to comply with the pre-filing requirements of Section 73.3580 of the Rules, which specifies when a broadcast licensee filing a renewal application must air announcement regarding its renewal application. 47 C.F.R. � 73.3580(d)(4)(i). Because the stations' renewal terms will expire in February 2013, Visionary must begin airing a pre-filing announcement in August 2012. Federal Communications Commission DA 12-167 Federal Communications Commission DA 12-167 " � " � � �
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  • RM-11101 edocs: RM-11101 10/8/2004 71/13/2005Amendment of the FM Table of Allotments MB RM-11136 View RM-11136 edocs: RM-11136 1/3/2005 19 3/2/2005Amendment of the FM Table of Allotments MB RM-11138 View RM-11138 edocs: RM-11138 1/5/2005 5 4/1/2005Amendment of the FM Table of Allotments MM 05-6 View 05-6 edocs: 05-6 1/11/2005 78/15/2005In the Matter of Revision of the Public Notice Requirements of Section 73.3580. MB 05-89 View 05-89 edocs: 05-89 3/3/2005 186/10/2005In the Matter of Implementation of Section 207 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 reciprocal Bargaining Obligations. . MB 05-111 View 05-111 edocs: 05-111 3/15/2005 3 5/9/2005Amendment of the FM Table of Allotments. MB 05-122 View 05-122 edocs: 05-122 3/16/2005 64/11/2006Amendment of the FM Table of Allotments. MB
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  • the Form 323-E Biennial Ownership Report for Noncommercial Broadcast Stations. A station must file even if its last renewal application remains pending. In such a situation, the Form 303-S should include updated information and certifications covering the period from expiration of the station's last renewal term through the date of filing of the new renewal application. We note that Section 73.3580(d)(4)(iv) of our Rules contains substitute first paragraph public notice text for stations in this situation. For the sake of clarity, these applicants should include the upcoming license expiration date for the station's state of license in place of ``(date)'' in the second paragraph of the announcement texts, and ``eight years'' in place of ``(period of time covered by the application)''
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  • a rebuttable presumption that, in certain circumstances, substantial public interest benefits will arise from a voluntary agreement between a 700 MHz licensee and an incumbent broadcast licensee on channels 59-69 that clears 118 the 700 MHz band of incumbent television licensees(s). Our threshold premise is that such 114 But see 47 C.F.R. � 1.2105(c) (anti-collusion rule). 115 47 C.F.R. �� 73.3580(d), 73.3572(a). Because analog and DTV broadcasting authority is conjoined in a single, unitary license, discontinuance of the analog over-the-air signal is a modification of license rather than a complete discontinuance of service. 116S�?47U.S.C. �316. For example, we can envision voluntary agreements that would result in a particular incumbent station in the 700 MHz band, as a practical matter, being unable
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  • Page viii Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations, 50 F.C.C.2d 1046 (1975), amended on reconsideration, 53 F.C.C.2d 589 (1975).........................................7, 33, 34, 55, 63, 64, 65 Statutes and Regulations 18 U.S.C. �1001.............................................................................................56 28 U.S.C. � 2342(1).........................................................................................3 28 U.S.C. � 2344..............................................................................................4 47 C.F.R. �73.3555(a) (2009).................................................................23, 84 47 C.F.R. �73.3555(b) (2009)........................................................................22 47 C.F.R. �73.3555(c) (2009)........................................................................20 47 C.F.R. �73.3580........................................................................................57 47 C.F.R. �73.3580(c)....................................................................................56 47 C.F.R. �73.3580(d)...................................................................................56 47 C.F.R. �73.658(g) (2009)..........................................................................25 47 U.S.C. � 402(a)...........................................................................................3 47 U.S.C. � 402(b)...........................................................................................4 47 U.S.C. �310(b)..........................................................................................62 47 U.S.C. �312(a)..........................................................................................56 47 U.S.C. �405(a).............................................................................56, 61, 66 47 U.S.C. �503...............................................................................................56 5 U.S.C. � 706(2)(A).....................................................................................32 5 U.S.C. �553(b)............................................................................................62 5 U.S.C. �553(b)(3).......................................................................................36 Case: 08-3078 Document: 003110223746 Page: 9 Date Filed: 07/21/2010 Page ix Telecommunications Act of 1996 �202(h), 110 Stat.
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  • (FCC, LPTV Facts), http://www.fcc.gov/cgb/consumerfacts/lptv. html (last visited Dec. 27, 2010). 153 FCC, LPTV Facts. 154 FCC, Consumer Advisory: The DTV Transition and LPTV/Class A/Transla- tor Stations (FCC, DTV Transition & LPTV/Class A/Translator Stations), http://www.fcc.gov/cgb/consumerfacts/DTVandLPTV.html (last visited Dec. 27, 2010). 155 FCC, DTV Transition & LPTV/Class A/Translator Stations. 156 See, e.g., 47 C.F.R. �� 74.703, 74.709, 90.303. 157 47 C.F.R. � 73.3580(d)(5)(i)(A). See also In the Matter of Establishment of a Class A Television Service, Report and Order, 15 FCC Rcd 6355 (2000). 158 See Commencement of Rural, First-Come, First-Served Digital Licensing for Low Power Television and TV Translators Beginning August 25, Public Notice, DA 09-1487, 24 FCC Rcd 8911 (MB, rel. June 29, 2009). The initia- tion of nationwide first-come, first-served
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  • relocation is contingent on: (1) having an ``acceptable'' DTV must carry rule in place; (2) having an established FCC policy for moving DTV allocations from the 700 MHz band; and (3) receiving ``reasonable compensation'' from auction bidders for terminating analog operations. Paxson Communications ex parte filing, May 3, 2000. But see 47 C.F.R. � 1.2105(c) (anti-collusion rule). 47 C.F.R. �� 73.3580(d), 73.3572(a). Because analog and DTV broadcasting authority is conjoined in a single, unitary license, discontinuance of the analog over-the-air signal is a modification of license rather than a complete discontinuance of service. See 47 U.S.C. � 316. For example, we can envision voluntary agreements that would result in a particular incumbent station in the 700 MHz band, as a practical
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  • 47 C.F.R. � 73.3523, and the license would be awarded to Holdings, contrary to Commission policy generally disfavoring settlements involving ``white knights,'' i.e., non-applicant third parties. In this case, the Bureau maintains, countervailing public interest benefits outweigh the detriments and warrant waiver of the respective policies. Finally, because the assignment application is subject to the provisions of 47 C.F.R. �� 73.3580 and 73.3584, which require public notice of the filing of the application and an opportunity for the filing of petitions to deny, the Bureau urges that the Commission delay final approval of the settlement until the Mass Media Bureau can process the application and determine if Holdings is qualified to hold the license. 12. In further comments filed thereafter, the
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  • for other licensees' mistakes or poor bargaining. Nextel Communications Comments at 4-6; NAB Reply at 5-6. 700 MHz First Report and Order, 15 FCC Rcd 476; 700 MHz MO&O and FNPRM �� 44-66. 700 MHz MO&O and FNPRM � 51. See also 47 U.S.C. �� 301; 303; 309(j)(3)(A); 309(j)(14)(C). Id. � 58. Id. � 59. See also 47 C.F.R. �� 73.3580(d), 73.3572(a). Id. �� 60-61. Id. �� 61-65 Id. �� 87-92. Id. � 87. See 47 U.S.C. � 336(b), (c), (f). We continue to disagree with MSTV's contention that the Commission's role in clearing the 700 MHz spectrum should be limited to post-transition approvals. MSTV Comments at 8. Instead, as noted above, we have concluded that we have authority to review
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  • expiration of WYCQ's translator station license. However, the staff properly returned Tuned In's amendment as unacceptable for filing because it was a major change and, therefore, could not be acted upon without inviting competing applications pursuant to the 30-day notice requirements of Section 309 of the Act (47 U.S.C. � 309). See also 47 U.S.C. � 311(a); 47 C.F.R. � 73.3580. Tuned In was notified of this by letter dated June 10, 1999. See Letter to David D. Oxenford, Esquire, Ref. No. 1800B3-JR (Aud. Serv. Div., Jun. 10, 1999). On October 23, 2001, WYCQ filed a petition for reconsideration of the Public Notice announcing the opening of a settlement window for certain mixed mutually exclusive groups. WCYQ seeks reconsideration of its
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  • to WXRK.'' The staff also found that it could not consider some of the material due to the terms of a settlement agreement between the Commission and Sagittarius' parent company. See Sagittarius Broadcasting Corp., 10 FCC Rcd 12245 (1995). Shareholders of CBS Corp., 16 FCC Rcd 16072, 16073 (2001). See generally 47 C.F.R. �� 73.3587 and 1.41. 47 C.F.R. � 73.3580(d). 47 C.F.R. � 1.106(b)(1) (non-party cannot seek reconsideration absent a showing ``with particularity the manner in which the person's interests are adversely affected by the actions taken,'' and of a good reason why it was not possible for him to participate earlier as a party). See 47 C.F.R. � 73.3584(a). 47 U.S.C. � 309(d)(1); 47 C.F.R. � 73.3584(a). See 47
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  • has been taken on the station's next renewal application. Id. �� 73.3526(e)(1)(i), 73.3526(e)(12). See Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, 15 FCC Rcd 19816, 19821 � 13 (2000) (``Enhanced Disclosure NPRM''), citing Commercial TV Deregulation Order, 98 F.C.C.2d at 1076, 1107-11 (explaining the purpose of issues/programs lists for commercial television). See 47 C.F.R. � 73.3580. See Bechtel v. FCC, 10 F.3d 875, 878 (D.C. Cir. 1993). See generally 2002 Biennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, etc., 18 FCC Rcd 13620 (2003). (emphasis added). See Press Release, ``FCC Chairman Powell Launches `Localism in Broadcasting' Initiative,'' at 2-3
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  • to file petition for reconsideration without pre-grant objection when application granted five days after Public Notice of its acceptance); Ted and Jana Tucker, 4 FCC Rcd 2816 (1989) (standing to file petition for reconsideration without pre-grant objection when application granted four days after Public Notice of its acceptance). See supra note 9. See 47 U.S.C. � 309(c) and 47 C.F.R. �73.3580. 47 C.F.R. �� 1.1201 et seq. Application for Review at 10. See 47 C.F.R. �� 73.3500, 73.3511. See also 47 U.S.C. � 319(a). See the Association's October 29, 1999 ``Reply to Informal Complaint,'' p. 4. Application for Review at 12. See Amendment of Part 74 of the Commission's Rules Concerning FM Translator Stations, 5 FCC Rcd 7212, 7230 (1990) (``Translator
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Revision of the Public Notice Requirements of Section 73.3580 ) ) ) ) MB Docket No: 05-6 NOTICE OF PROPOSED RULE MAKING Adopted: January 10, 2005 Released: March 15, 2005 Comment Date: 30 days after publication in the Federal Register Reply Comment Date: 45 days after publication in the Federal Register By the Commission: Commissioners Copps and Adelstein issuing a joint statement. I. INTRODUCTION 1. This Notice of Proposed
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  • 5278 (1999) (``Tech I''). Unlike minor changes, major change applications are subject to a number of statutory requirements. These include providing both a thirty-day public notice period following the acceptance of a major change application and the opportunity to file petitions to deny and mutually exclusive applications within this 30-day period. See 47 U.S.C. � 309(b); 47 C.F.R. �� 73.3573(3), 73.3580. 47 C.F.R. � 1.420(i). Amendment of the Commission's Rules Regarding Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990) (``New Community MO&O''). 47 C.F.R. �� 73.207, 73.315(a). At this stage of the proceeding, the Commission also requests concurrence by the Canadian or
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  • to file informal objections to, or comments in support of, a particular move. Thus, we adopt our proposal to require the proponent to give local public notice in connection with such applications, notwithstanding that minor modification applicants generally need not provide local public notice. Specifically, applicants under this new procedure shall provide local public notice as set forth in Sections 73.3580(c)(3), (d)(3), and (f) of our Rules, and shall certify such compliance in Form 301. We also direct the Media Bureau to provide notice in the Federal Register that an application to modify an AM or FM station's community of license has been filed. Moreover, the Bureau will not act upon such an application until at least 60 days after publication
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  • the late filing, it will not have been able to give timely notice to the public, as required. Therefore, it should add the number of required pre-filing notices (four) to the number of required post-filing notices (eight), so that it will have completed the required total of twelve notices at intervals as close as possible to those identified in Section 73.3580, no later than 120 days from the release of this Order. In the event that WVIS(FM) is able to restore full service within that time, the remaining notices should be given by on-air announcements. Otherwise, VISC should publish the notices in an appropriate newspaper in accordance with the requirements in Section 73.3580, except that the publication should occur both in
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  • the press ``each of which typically has the resources to request documents from the public file in person.''). Comments of WCPE at 2. Report and Order in Docket No. 14864, at 1667. Comments of Viacom at 21 (citing NAACP v. FPC, 425 U.S. 662 (1976)). Comments of Sinclair at 6. Comments of Media Institute at 4. See 47 C.F.R. � 73.3580(c). See �� 3-4, supra. Turner Broadcasting System, Inc. v. FCC, 520 U.S. 180, 189 (1997)(citing U.S. v. O'Brien, 391 U.S. 367, 377 (1968)). Comments of UCC at 23-24. Comments of State Broadcasters Associations at 21. Comments of Media Institute at 4. 47 C.F.R. �� 73.3526(e)(6), 73.3527(e)(5), and 73.1943. 47 C.F.R. � 73.1943(a). 47 C.F.R. �73.1943(c). Review of the Commission's Rules
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  • permanent waivers filed within the time frame set forth above. We also address one additional matter related to the processing of waiver requests. UCC argues that the modified rule will not provide adequate notice of proposed newspaper/broadcast combinations. We note that applications for Commission approval of proposed newspaper/broadcast combinations are subject to the local public notice filing requirements of Section 73.3580 of the Commission's rules. Nevertheless, to further ensure adequate local public notice, the Commission will flag such applications in its public notices as seeking waiver of the newspaper/broadcast cross-ownership rule pursuant to Section 73.3555(d) of the Commission's rules. Radio/Television Cross-Ownership Rule As explained in more detail below, we retain the current radio/television cross-ownership rule. The radio/television cross-ownership rule limits the
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  • posted on a licensee's website during the relevant months (i.e., the posting begins on the sixth month before the license is due to expire and remains in place until after the deadline for filing petitions to deny the renewal application). We also seek comment on whether we should broaden the required language for these announcements contained in 47 C.F.R. � 73.3580(d)(4)(i), which currently provides the Commission's mailing address as a source of information concerning the broadcast license renewal process, to include the agency's website address. Moreover, where technically feasible, we seek comment on whether a licensee's on-line provision of the Commission's web address could be linked directly to these places on the agency's website. We believe that such online posting is
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  • v. Sanders Bros. Radio Station, 309 U.S. 470, 477 (1940) and Rainbow Broadcasting Co., Memorandum Opinion and Order, 9 FCC Rcd 2839, 2844 n.24 (1994)(subsequent history omitted)). Second, Appellants were legally precluded from filing a petition to deny in the initial stage of this proceeding, as petitions to deny do not lie against minor modification applications. See 47 C.F.R. �� 73.3580(a)(1) and 73.3584(a). As indicated above (see supra note 7), Appellants submitted notification of their concerns about the Application, which is appropriately treated as an informal objection under 47 C.F.R. � 73.3587. Accordingly, we find that Appellants ``participated in our processes to the fullest extent permitted'' and have met the good cause standard of 47 C.F.R. � 1.106(b)(1). Cloud Nine, 10
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  • 47 C.F.R. � 73.625. See 47 U.S.C. � 307(b). When a broadcast station seeks to renew or transfer its license, it must give public notice to its community to ensure that members of the community have an opportunity to file a petition to deny if they object to the station's application for renewal or transfer of license. 47 C.F.R. � 73.3580. DTS Notice, 20 FCC Rcd at 17803-04, � 18. See id. Disallowing such expansion is consistent with the statutory requirement to award new licenses through competitive bidding (auctions), as appropriate. See 47 U.S.C. � 309(j); see also Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.txt
  • the Commission's authority to interpret the public interest standard on the Communications Act.) 47 U.S.C. �� 303(r); 336; and 309(k). Comments of NAB at 2. See also Comments of Stephen Wong at 1. Consumer Electronics Ass'n v. FCC, 347 F.3d 291 (D.C. Cir. 2003). Id. at 301. See, e.g., Comments of Benton at 19 (citing 47 C.F.R. �� 73.1201 and 73.3580). Reply of NAB at 5, note 15. Review of the Emergency Alert System, EB Docket No. 04-296, First Report and Order and Further Notice of Proposed Rulemaking, 20 FCC Rcd 18625, 18633 (2005). Id. at 18634. The Commission imposed a similar requirement upon broadcasters pursuant to the Children's Television Act (``CTA''). The First Report and Order in the Children's Television
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-162A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-162A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-162A1.txt
  • station concludes its DTV transition education campaign. See 73.3526(e)(11)(iv), 73.3527(e)(13). While almost all full-power television stations successfully transitioned to digital technology in 2009 and no longer need to retain these files, a few of these stations are not yet operating at full power and continue to be required to include Form 388 in their files. See also 47 C.F.R. � 73.3580(h) (directing placement of certifications and announcements into the public file). This rule allows for the required list to be retained instead at the network headquarters where the broadcast is originated by the network. Report and Order at �17. Report and Order at �18. See, e.g., BLLP Petition at 15-16; Named State Broadcasters Assn. Petition at 8. Report and Order at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.txt
  • adopt this suggestion. Southern has failed to demonstrate that a link to the FAA's information about towers submitted for aeronautical study is a practical means of providing the public sufficient notice regarding proposed towers, in a manner that can be accessed easily and understood by the public. See 47 C.F.R. Pt. 1, App. C, �� V.B, V.C; 47 C.F.R. �� 73.3580(b), (f). The details of the local notice requirement are described infra, in Appendix E. 42 U.S.C. � 4331(b) (providing that it is the continuing responsibility of the Federal Government to use all means practicable to facilitate national environmental policy); 42 U.S.C. � 4332(2)(B) (directing all Federal agencies to ``identify and develop methods and procedures ... which will insure that presently
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • adopt this suggestion. Southern has failed to demonstrate that a link to the FAA's information about towers submitted for aeronautical study is a practical means of providing the public sufficient notice regarding proposed towers, in a manner that can be accessed easily and understood by the public. 166See 47 C.F.R. Pt. 1, App. C, �� V.B, V.C; 47 C.F.R. �� 73.3580(b), (f). The details of the local notice requirement are describedinfra,in Appendix E. 16742 U.S.C. � 4331(b) (providing that it is the continuing responsibility of the Federal Government to use all means practicable to facilitate national environmental policy); 42 U.S.C. � 4332(2)(B) (directing all Federal agencies to "identify and develop methods and procedures ... which will insure that presently unquantified environmental
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-28A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-28A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-28A1.txt
  • � 74.1203(e); see also Amendment of Part 74 of the Commission's Rules Concerning FM Translator Stations, Report and Order, 5 FCC Rcd 7212, 7230 (1990), modified 6 FCC Rcd 2334 (1991), recon. denied, 8 FCC Rcd 5093 (1993); Association for Community Education, 19 FCC Rcd at 12688, � 15. See LCRA, � 7(2)(A). LCRA, � 7(3). See 47 C.F.R. � 73.3580. Section 73.810(c) currently specifies that ``[a] complaint will be considered resolved where the complainant does not reasonably cooperate with an LPFM station's remedial efforts.'' 47 C.F.R. � 73.810(c). See 47 C.F.R. � 73.810(b)(4). Report and Order, 15 FCC Rcd at 2231, � 64. To calculate the minimum separation distance using this formula, an LPFM station must have the following information:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.txt
  • 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; and ``The Public and Broadcasting''. * * * * * Section 73.3580 is amended by revising �� 73.3580(d)(4)(i) and (ii) to read as follows: (i) Pre-filing announcements. During the period and beginning on the first day of the sixth calendar month prior to the expiration of the license, and continuing to the date on which the application is filed, the following announcement shall be broadcast on the 1st and 16th day of
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fc98024a.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fc98024a.txt http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fc98024a.wp
  • miles) Engineering showings of predicted interference may also be submitted to justify the need for displacement relief. (iv) Provided further, that the FCC may, within 15 days after acceptance of any other application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of section 73.3580 of this section and section 1.1111 of this chapter pertaining to major changes. PART 74 -- EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTION SERVICES 5. The authority citation for part 74 continues to read as follows: Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as amended; 47 U.S.C.154, 303, 336, and 554. 6. Section 74.706 is
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • Certification. Applicant certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and 8. 9. Yes No Yes No Yes No Local Public Notice. Applicant certifies compliance with the public notice requirements of 47 C.F.R. Section 73.3580? 10. DRAFT - FCC 301 (Page 3) March 1998 Yes No Section II - Legal and Financial Character Issues. Applicant certifies that neither applicant nor any party to the application has or has had any interest in, or connection with: a.any broadcast application in any proceeding which left unresolved character issues against the applicant or which resolved such issues against
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • 98-117 80 Id. at 73.3573(a)(1). This standard formerly was applied to commercial FM band stations as well. See Matter of Revision of Sections 73.3571, 73.3572 and 73.3573 of the Commission's Rules, First Report and Order in MM Docket 83-1377, 56 RR 2d 941, 943 (1984). 81 Id. at � 74.1233. 82 See 47 U.S.C. � 309(b); 47 C.F.R. �� 73.3573(e), 73.3580. 83 See First Report and Order, 56 RR 2d at 943. 84 47 U.S.C. � 405; 47 C.F.R. �� 1.106, 73.3564, 73.3587; see First Report and Order, 56 Rad. Reg. 2d at 943- 44 (employing similar analysis in classifying commercial FM band station facilities increases as minor changes). 85 See, e.g., Report and Order, 8 FCC Rcd at 4738 (acknowledging
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • (1) Applicant's name. (2) Service (AM, FM, or TV). (3) Call letters or specify "NEW" station. (4) Channel number (FM or TV) or frequency (AM). (5) Community of license. (6) File number of application being amended (if known). (7) Date of filing of application being amended (if file number is not known). D. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities (as defined in 47 C.F.R. Sections 73.3571(a)(1) (for AM applicants), 73.3572(a)(1) (for television applicants), or 73.3573(a) (1) (for FM applicants)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • Engineering showings of predicted interference may also be submitted to justify the need for displacement relief. (v) Provided further, that the FCC may, within 15 days after acceptance of any other application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of Sections. 73.3522, 73.3580, and 1.1111 of this chapter pertaining to major changes. Such major modification applications filed for Class A TV, low power TV, TV translator, TV booster stations, and for a non-reserved television allotment, are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period. See 47 CFR 73.5002(a). (b) * * * A new file
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: � 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application of
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01025.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01025.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01025.txt
  • for other licensees' mistakes or poor bargaining. Nextel Communications Comments at 4-6; NAB Reply at 5-6. 700 MHz First Report and Order, 15 FCC Rcd 476; 700 MHz MO&O and FNPRM �� 44-66. 700 MHz MO&O and FNPRM � 51. See also 47 U.S.C. �� 301; 303; 309(j)(3)(A); 309(j)(14)(C). Id. � 58. Id. � 59. See also 47 C.F.R. �� 73.3580(d), 73.3572(a). Id. �� 60-61. Id. �� 61-65 Id. �� 87-92. Id. � 87. See 47 U.S.C. � 336(b), (c), (f). We continue to disagree with MSTV's contention that the Commission's role in clearing the 700 MHz spectrum should be limited to post-transition approvals. MSTV Comments at 8. Instead, as noted above, we have concluded that we have authority to review
• http://transition.fcc.gov/cgb/dro/comments/99339/5006214470.pdf http://transition.fcc.gov/cgb/dro/comments/99339/5006214470.txt
  • 44 Liquormart v. Rhode Island, 517 U. S. 484, 501 (1996)). The regulation at issue here merely requires mass media distributors to deliver whatever message they are delivering in a form accessible to the blind. The Commission's regulations have long required broadcasters who broadcast primarily in a foreign language to broadcast their renewal announcements in that foreign language. 47 CFR 73.3580(d). The courts of the District of Columbia require eviction notices to be delivered in both Spanish and English. No one contends that it is a violation of the First Amendment for businesses to be required to deliver these important messages in both English and another language. In effect, video description is a translation of the programmer's message into a "language"
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • to file informal objections to, or comments in support of, a particular move. Thus, we adopt our proposal to require the proponent to give local public notice in connection with such applications, notwithstanding that minor modification applicants generally need not provide local public notice. Specifically, applicants under this new procedure shall provide local public notice as set forth in Sections 73.3580(c)(3), (d)(3), and (f) of our Rules, and shall certify such compliance in Form 301. We also direct the Media Bureau to provide notice in the Federal Register that an application to modify an AM or FM station's community of license has been filed. Moreover, the Bureau will not act upon such an application until at least 60 days after publication
• http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.pdf
  • � 74.1203(e); see also Amendment of Part 74 of the Commission's Rules Concerning FM Translator Stations, Report and Order, 5 FCC Rcd 7212, 7230 (1990), modified 6 FCC Rcd 2334 (1991), recon. denied, 8 FCC Rcd 5093 (1993); Association for Community Education, 19 FCC Rcd at 12688, � 15. See LCRA, � 7(2)(A). LCRA, � 7(3). See 47 C.F.R. � 73.3580. Section 73.810(c) currently specifies that ``[a] complaint will be considered resolved where the complainant does not reasonably cooperate with an LPFM station's remedial efforts.'' 47 C.F.R. � 73.810(c). See 47 C.F.R. � 73.810(b)(4). Report and Order, 15 FCC Rcd at 2231, � 64. To calculate the minimum separation distance using this formula, an LPFM station must have the following information:
• http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.pdf
  • (output channel) except changes to first, second or third adjacent channels, or intermediate frequency channels, and any change in antenna location where the station would not continue to provide 1 mV/m service to some portion of its previously authorized 1 mV/m service area. All other changes will be considered minor. All major changes are subject to the provisions of �� 73.3580 and 1.1104 of this chapter pertaining to major changes. * * * * * (b) Processing booster and reserved band FM translator applications. (1) Applications for minor modifications for reserved band FM translator stations, as defined in paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and will be processed on a "first
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [672]TEXT [673]PDF 73.3580 Local public notice of filing of broadcast applications. [674]TEXT [675]PDF 73.3584 Procedure for filing petitions to deny. [676]TEXT [677]PDF 73.3587 Procedure for filing informal objections. [678]TEXT [679]PDF 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. [680]TEXT [681]PDF 73.3589 Threats to file petitions to deny or informal objections. [682]TEXT [683]PDF 73.3591 Grants without hearing. [684]TEXT [685]PDF 73.3592 Conditional
• http://transition.fcc.gov/fcc-bin/audio/annual-reports-FRC.html
  • to 258 ] [ [112]1928 Spectrum Chart ] July 1, 1927 Annual Report of the Federal Radio Commission to the Congress of the United States for the Fiscal Year Ended June 30, 1927 Annual Report, released July 1, 1927 [ [113]PDF | [114]Scanned ] [115]Next subject [116]Previous subject Assignment Applications March 15,2004 Revision of the Public Notice Requirements of Section 73.3580 [for assignments and transfers] NPRM, MB Docket 05-6, FCC 05-10, released March 15, 2005 [ [117]PDF | [118]Word ]. . March 12, 2001 Letter re WVOA (FM), DeRuyter, NY Letter, dated March 12, 2001 [ [119]Word ]. A petition to deny against an assignment application was denied. March 12, 2001 Letter re KBKO (AM), Santa Barbara, CA and KSPE-FM, Ellwood,
• http://transition.fcc.gov/fcc-bin/audio/legalser.html
  • to 258 ] [ [112]1928 Spectrum Chart ] July 1, 1927 Annual Report of the Federal Radio Commission to the Congress of the United States for the Fiscal Year Ended June 30, 1927 Annual Report, released July 1, 1927 [ [113]PDF | [114]Scanned ] [115]Next subject [116]Previous subject Assignment Applications March 15,2004 Revision of the Public Notice Requirements of Section 73.3580 [for assignments and transfers] NPRM, MB Docket 05-6, FCC 05-10, released March 15, 2005 [ [117]PDF | [118]Word ]. . March 12, 2001 Letter re WVOA (FM), DeRuyter, NY Letter, dated March 12, 2001 [ [119]Word ]. A petition to deny against an assignment application was denied. March 12, 2001 Letter re KBKO (AM), Santa Barbara, CA and KSPE-FM, Ellwood,
• http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/AttachC-04-18-1997.html
  • selection to file an application for construction permit. The [3]Memorandum Opinion and Order that was released simultaneously with the revised expanded band allotment plan extended the filing period to ninety days. A waiver of this requirement would require a traditional "good cause" showing. See 47 C.F.R. Section 1.3. 15. Must I comply with the publication requirements of 47 C.F.R. Section 73.3580? Yes. Applicants must comply with all "new station" publication requirements. 16. I am currently at the local radio ownership cap. Will I need to divest or obtain a waiver prior to obtaining an expanded band station license? No. Expanded band stations are not counted for multiple ownership purposes. 17. Must I continue to operate my existing band frequency? No. Once
• http://transition.fcc.gov/mb/audio/decdoc/legalser.html
  • to 258 ] [ [112]1928 Spectrum Chart ] July 1, 1927 Annual Report of the Federal Radio Commission to the Congress of the United States for the Fiscal Year Ended June 30, 1927 Annual Report, released July 1, 1927 [ [113]PDF | [114]Scanned ] [115]Next subject [116]Previous subject Assignment Applications March 15,2004 Revision of the Public Notice Requirements of Section 73.3580 [for assignments and transfers] NPRM, MB Docket 05-6, FCC 05-10, released March 15, 2005 [ [117]PDF | [118]Word ]. . March 12, 2001 Letter re WVOA (FM), DeRuyter, NY Letter, dated March 12, 2001 [ [119]Word ]. A petition to deny against an assignment application was denied. March 12, 2001 Letter re KBKO (AM), Santa Barbara, CA and KSPE-FM, Ellwood,
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • Paragraph (a) of this section is not applicable to applications for minor modifications of facilities in the non-reserved FM broadcast service, nor to any application for a reserved band FM station. Federal Communications Commission FCC 98-194 C-3 (b) Reserved band FM and reserved noncommercial educational television stations. (1) Predesignation amendments. Subject to the provisions of �� 73.3525, 73.3572, 73.3573 and 73.3580, mutually exclusive broadcast applications for reserved band FM stations and television stations on a reserved channel may be amended as a matter of right by the date specified (not less than 30 days after issuance) in the FCC's Public Notice announcing the acceptance for filing of the last-filed mutually exclusive application. Subsequent amendments prior to designation of the proceeding for
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • Paragraph (a) of this section is not applicable to applications for minor modifications of facilities in the non-reserved FM broadcast service, nor to any application for a reserved band FM station. Federal Communications Commission FCC 98-194 C-3 (b) Reserved band FM and reserved noncommercial educational television stations. (1) Predesignation amendments. Subject to the provisions of �� 73.3525, 73.3572, 73.3573 and 73.3580, mutually exclusive broadcast applications for reserved band FM stations and television stations on a reserved channel may be amended as a matter of right by the date specified (not less than 30 days after issuance) in the FCC's Public Notice announcing the acceptance for filing of the last-filed mutually exclusive application. Subsequent amendments prior to designation of the proceeding for
• http://wireless.fcc.gov/auctions/31/releases/fc000224.doc http://wireless.fcc.gov/auctions/31/releases/fc000224.pdf http://wireless.fcc.gov/auctions/31/releases/fc000224.txt
  • relocation is contingent on: (1) having an ``acceptable'' DTV must carry rule in place; (2) having an established FCC policy for moving DTV allocations from the 700 MHz band; and (3) receiving ``reasonable compensation'' from auction bidders for terminating analog operations. Paxson Communications ex parte filing, May 3, 2000. But see 47 C.F.R. � 1.2105(c) (anti-collusion rule). 47 C.F.R. �� 73.3580(d), 73.3572(a). Because analog and DTV broadcasting authority is conjoined in a single, unitary license, discontinuance of the analog over-the-air signal is a modification of license rather than a complete discontinuance of service. See 47 U.S.C. � 316. For example, we can envision voluntary agreements that would result in a particular incumbent station in the 700 MHz band, as a practical
• http://wireless.fcc.gov/auctions/31/releases/fc010025.doc http://wireless.fcc.gov/auctions/31/releases/fc010025.pdf http://wireless.fcc.gov/auctions/31/releases/fc010025.txt
  • for other licensees' mistakes or poor bargaining. Nextel Communications Comments at 4-6; NAB Reply at 5-6. 700 MHz First Report and Order, 15 FCC Rcd 476; 700 MHz MO&O and FNPRM �� 44-66. 700 MHz MO&O and FNPRM � 51. See also 47 U.S.C. �� 301; 303; 309(j)(3)(A); 309(j)(14)(C). Id. � 58. Id. � 59. See also 47 C.F.R. �� 73.3580(d), 73.3572(a). Id. �� 60-61. Id. �� 61-65 Id. �� 87-92. Id. � 87. See 47 U.S.C. � 336(b), (c), (f). We continue to disagree with MSTV's contention that the Commission's role in clearing the 700 MHz spectrum should be limited to post-transition approvals. MSTV Comments at 8. Instead, as noted above, we have concluded that we have authority to review
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fc98024a.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fc98024a.txt http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fc98024a.wp
  • miles) Engineering showings of predicted interference may also be submitted to justify the need for displacement relief. (iv) Provided further, that the FCC may, within 15 days after acceptance of any other application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of section 73.3580 of this section and section 1.1111 of this chapter pertaining to major changes. PART 74 -- EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTION SERVICES 5. The authority citation for part 74 continues to read as follows: Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as amended; 47 U.S.C.154, 303, 336, and 554. 6. Section 74.706 is
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • Certification. Applicant certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and 8. 9. Yes No Yes No Yes No Local Public Notice. Applicant certifies compliance with the public notice requirements of 47 C.F.R. Section 73.3580? 10. DRAFT - FCC 301 (Page 3) March 1998 Yes No Section II - Legal and Financial Character Issues. Applicant certifies that neither applicant nor any party to the application has or has had any interest in, or connection with: a.any broadcast application in any proceeding which left unresolved character issues against the applicant or which resolved such issues against
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • 98-117 80 Id. at 73.3573(a)(1). This standard formerly was applied to commercial FM band stations as well. See Matter of Revision of Sections 73.3571, 73.3572 and 73.3573 of the Commission's Rules, First Report and Order in MM Docket 83-1377, 56 RR 2d 941, 943 (1984). 81 Id. at � 74.1233. 82 See 47 U.S.C. � 309(b); 47 C.F.R. �� 73.3573(e), 73.3580. 83 See First Report and Order, 56 RR 2d at 943. 84 47 U.S.C. � 405; 47 C.F.R. �� 1.106, 73.3564, 73.3587; see First Report and Order, 56 Rad. Reg. 2d at 943- 44 (employing similar analysis in classifying commercial FM band station facilities increases as minor changes). 85 See, e.g., Report and Order, 8 FCC Rcd at 4738 (acknowledging
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.htm http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.wp
  • Comments at 4-5. 143. See NAB Comments at 24-25. 144. NAB Supplemental Comments, Attachment at 5 (filed July 29, 1996). 145. As described below in Section IV, we will require that broadcasters indicate the age of the target child audience in their program description. 146. See 47 C.F.R. 73.1201 (requiring station identification); 73.1212 (requiring sponsorship identification). 147. See id. at 73.3580. 148. See id. at 73.3526, 73.3527. 149. NPRM, 10 FCC Rcd at 6322; 47 C.F.R. 73.1202. 150. NPRM, 10 FCC Rcd at 6323. 151. Id. 152. See, e.g., Cosmos et al. Comments at 9; Tribune Comments at 23-24; Curators of the University of Missouri Comments at 6-7. These broadcasters argued that this proposal is unnecessary because licensees are conscientious in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • (1) Applicant's name. (2) Service (AM, FM, or TV). (3) Call letters or specify "NEW" station. (4) Channel number (FM or TV) or frequency (AM). (5) Community of license. (6) File number of application being amended (if known). (7) Date of filing of application being amended (if file number is not known). D. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities (as defined in 47 C.F.R. Sections 73.3571(a)(1) (for AM applicants), 73.3572(a)(1) (for television applicants), or 73.3573(a) (1) (for FM applicants)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.wp
  • FCC Rcd at 14871-72. Unlike minor changes, major change applications are subject to a number of statutory requirements. These include providing both a thirty-day public notice period following the acceptance of a major change application and the opportunity to file petitions to deny and mutually exclusive applications within this thirty-day period. See 47 U.S.C. � 309(b); 47 C.F.R. �� 73.3573(e), 73.3580. 9 Notice, 13 FCC Rcd at 14872. 10 Id. at 14872. 3 served processing to AM, NCE FM and FM translator minor change applications.5 3. Our current rules also treat proposed facilities changes in the different radio services inconsistently. In the commercial FM service, only proposed changes in community of license and changes to a non-adjacent or non-intermediate frequency channel
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001121.doc
  • Federal Register, as stated in paragraph 128 of the R&O. The R&O was published in the Federal Register on May 10, 2000; thus, the rules will be effective June 9, 2000. The Federal Register has been notified of this correction to the summary. 2. In addition, this Erratum also corrects or clarifies the amendments made to �� 11.11, 73.1690, 73.2080, 73.3580, and the table of contents to Subpart J of Part 73 of the rules. With respect to � 11.11, ``The Emergency Alert System (EAS),'' there is a typographical error in the table ``Timetable Broadcast Stations'' as it was printed in the Federal Register. With respect to � 73.1690, ``Modification of transmission systems,'' a revised paragraph (c )(3) was inadvertently deleted
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • Engineering showings of predicted interference may also be submitted to justify the need for displacement relief. (v) Provided further, that the FCC may, within 15 days after acceptance of any other application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of Sections. 73.3522, 73.3580, and 1.1111 of this chapter pertaining to major changes. Such major modification applications filed for Class A TV, low power TV, TV translator, TV booster stations, and for a non-reserved television allotment, are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period. See 47 CFR 73.5002(a). (b) * * * A new file
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: � 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application of
• http://www.fcc.gov/Bureaus/OGC/Orders/1999/fcc99322.doc
  • the general definition for "an individual viewer or listener filing comments regarding a pending broadcast application." See also 47 C.F.R. � 1.202(d) Note 4, 1.1204(a)(8). We incorporated this exception to take into account the provisions of our rules that require broadcast applicants to give public notice of their applications so that members of the public may comment. 47 C.F.R. � 73.3580. We anticipated that members of the public availing themselves of this opportunity might well do so in an informal manner. FCC 97-92 at � 19. They might not feel any need to serve their comments on the applicant or expect to be served with other filings responsive to the application. We gave the Mass Media Bureau discretion, in appropriate circumstances,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00224.doc
  • relocation is contingent on: (1) having an ``acceptable'' DTV must carry rule in place; (2) having an established FCC policy for moving DTV allocations from the 700 MHz band; and (3) receiving ``reasonable compensation'' from auction bidders for terminating analog operations. Paxson Communications ex parte filing, May 3, 2000. But see 47 C.F.R. � 1.2105(c) (anti-collusion rule). 47 C.F.R. �� 73.3580(d), 73.3572(a). Because analog and DTV broadcasting authority is conjoined in a single, unitary license, discontinuance of the analog over-the-air signal is a modification of license rather than a complete discontinuance of service. See 47 U.S.C. � 316. For example, we can envision voluntary agreements that would result in a particular incumbent station in the 700 MHz band, as a practical
• http://www.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01025.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01025.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01025.txt
  • for other licensees' mistakes or poor bargaining. Nextel Communications Comments at 4-6; NAB Reply at 5-6. 700 MHz First Report and Order, 15 FCC Rcd 476; 700 MHz MO&O and FNPRM �� 44-66. 700 MHz MO&O and FNPRM � 51. See also 47 U.S.C. �� 301; 303; 309(j)(3)(A); 309(j)(14)(C). Id. � 58. Id. � 59. See also 47 C.F.R. �� 73.3580(d), 73.3572(a). Id. �� 60-61. Id. �� 61-65 Id. �� 87-92. Id. � 87. See 47 U.S.C. � 336(b), (c), (f). We continue to disagree with MSTV's contention that the Commission's role in clearing the 700 MHz spectrum should be limited to post-transition approvals. MSTV Comments at 8. Instead, as noted above, we have concluded that we have authority to review
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050315.html
  • 3rd R&O. (Dkt No. 86-496 , 00-248). Action by: the Commission. Adopted: 03/10/2005 by R&O. (FCC No. 05-63). IB [28]FCC-05-63A1.doc [29]FCC-05-63A1.pdf [30]FCC-05-63A1.txt BIRACH BROADCASTING CORPORATION, UNBUILT STATION DWIJR(AM), PALM BEACH GARDENS, FLORIDA. Denied Birach's Petition for Reconsideration. Action by: the Commission. Adopted: 03/10/2005 by ORDER. (FCC No. 05-65). MB [31]FCC-05-65A1.doc [32]FCC-05-65A1.pdf [33]FCC-05-65A1.txt REVISION OF THE PUBLIC NOTICE REQUIREMENTS OF SECTION 73.3580. Sought comment on whether to modify the notice that radio and television station buyers and sellers are required to provide to the public, in connection with proposed assignments and transfers of control, as well as other matters. (Dkt No. 05-6). Action by: the Commission. Adopted: 01/10/2005 by NPRM. (FCC No. 05-10). MB [34]FCC-05-10A1.doc [35]FCC-05-10A1.pdf [36]FCC-05-10A1.txt DTV BUILD-OUT, REQUEST FOR EXTENSION
• http://www.fcc.gov/Forms/Form301-CA/301ca.pdf
  • required. Completion of publication may occur within 30 days after the tender of the application to the Commission. Intent to comply with the public notice requirements must be certified to by the major change applicant in Item 3 of Section II of this application. The required content of the local notice is described in paragraph (f) of 47 C.F.R. Section 73.3580. Worksheet #1 attached to these instructions provides additional guidance. Proof of publication need not be filed with this application. D. Item 4: Rebroadcast Certification. A Class A television station operator proposing to rebroadcast the signal of a primary station which it does not own must obtain written 4 permission of that station prior to retransmission of that signal. See 47
• http://www.fcc.gov/Forms/Form301/301.pdf
  • on February 15, 2001. See 16 FCC Rcd 3989 (2001). Paper versions of FCC Form 301 will not be accepted for filing, unless accompanied by an appropriate request for waiver of the electronic filing requirement. Applicants can access the electronic filing system via the Internet from the Media Bureau's Website at: http://www.fcc.gov/mb. E. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities (as defined in 47 C.F.R. Sections 73.3571(a)(1) (for AM applicants), 73.3572(a)(1) (for television applicants), or 73.3573(a) (1) (for FM applicants)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also
• http://www.fcc.gov/Forms/Form302-CA/302ca.pdf
  • broadcast announcements informing the public of the filing of FCC Form 302-CA. The required notices must be broadcast both before and after the tendering of FCC Form 302-CA with the Commission and the application's simultaneous inclusion in the station's local public inspection file. The required timing and content of the local notice broadcast is set forth in 47 C.F.R. Section 73.3580(d)(4). Worksheet #1 attached to these instructions provides additional guidance. Proof of completion of publication need not be filed with the Commission. D.Items 5 and 6: Character Issues/Adverse Findings . Item 5 requires the applicant to certify that neither it nor any party to the application has had any interest in or connection with an application that was or is the
• http://www.fcc.gov/Forms/Form314/314.pdf
  • 15, 2001. See 16 FCC Rcd 3989 (2001). Paper versions of FCC Form 314 will not be accepted for filing, unless accompanied by an appropriate request for waiver of the electronic filing requirement. Applicants can access the electronic filing system via the Internet from the Media Bureau's Web site at: http://www.fcc. gov/mb. E. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for consent to assignment of a construction permit or license for an AM, FM, or TV broadcast station give local notice in a newspaper of general circulation in the community to which the station is licensed. Local notice is also required to be broadcast over the station, if operating. However, if the station is the only operating
• http://www.fcc.gov/Forms/Form315/315.pdf
  • 15, 2001. See 16 FCC Rcd 3989 (2001). Paper versions of FCC Form 315 will not be accepted for filing, unless accompanied by an appropriate request for waiver of the electronic filing requirement. Applicants can access the electronic filing system via the Internet from the Media Bureau's Web site at: http://www.fcc. gov/mb. E. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for consent to transfer control of an entity holding a construction permit or license for an AM, FM, or TV broadcast station give local notice in a newspaper of general circulation in the community to which the station is licensed. Local notice is also required to be broadcast over the station, if operating. However, if the station
• http://www.fcc.gov/Forms/Form340/340.pdf
  • TV). (5) Community of license. (6) File number of application being amended (if known). (7) Date of filing of application being amended (if file number is not known). (8) Facility ID Number. G. Public Notice Requirements: (1) Many applicants filing Form 340 must publish a public notice to inform the community about the proposal. In accordance with 47 C.F.R. Section 73.3580, applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities [as defined in 47 C.F.R. Sections 73.3572(a)(1) (for television applicants) or 73.3573(a) (1) (for FM applicants)] must give local public notice. This publication requirement also applies to major amendments as defined in 47 C.F.R. Sections 73.3572(b) (television), and 73.3573(b) (FM). This publication requirement also
• http://www.fcc.gov/Forms/Form345/345.pdf
  • Desk at (202) 512-1803. For payment by credit card, call (202) 512-1800, M-F, 8 a.m. to 4 p.m. e.s.t; facsimile orders may be placed by dialing (202) 518-2233, 24 hours a day. Payment by check may be made to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. D. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for consent to assignment of a construction permit or license for an AM, FM, or TV broadcast station give local notice in a newspaper of general circulation in the community to which the station is licensed. For full- service AM, FM, and TV stations, local notice is also required to be broadcast over the station, if operating.
• http://www.fcc.gov/Forms/Form346/346.pdf
  • Notice. Applicants for construction permits for a new low power, TV translator or TV booster station or to make changes in the existing facilities of such a station (as defined in 47 C.F.R. Section 73.3572(a)) give local notice in a daily, weekly or biweekly newspaper of general circulation in the community or area to be served. See 47 C.F.R. Section 73.3580. However, if there is no newspaper published or circulated in the community or area to be served, the applicant can choose an appropriate means of providing this notice to the public. Completion of publication may occur within 30 days after the tender of the application to the Commission. Compliance or intent to comply with the public notice requirements must be
• http://www.fcc.gov/Forms/Form349/349.pdf
  • the following information to identify the associated application: (1) Applicant's name. (2) Call letters or specify "NEW" station. (3) Channel number. (4) Community of license. (5) File number of application being amended (if known). (6) Date of filing of application being amended (if file number is not known). (7) Facility ID Number. E. Public Notice Requirements. (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new FM translator or FM booster stations and for major change in existing FM translator or FM booster facilities (as defined in 47 C.F.R. Section 74.1233(a)(1)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also applies with respect to major
• http://www.fcc.gov/cgb/dro/comments/99339/5006214470.pdf http://www.fcc.gov/cgb/dro/comments/99339/5006214470.txt
  • 44 Liquormart v. Rhode Island, 517 U. S. 484, 501 (1996)). The regulation at issue here merely requires mass media distributors to deliver whatever message they are delivering in a form accessible to the blind. The Commission's regulations have long required broadcasters who broadcast primarily in a foreign language to broadcast their renewal announcements in that foreign language. 47 CFR 73.3580(d). The courts of the District of Columbia require eviction notices to be delivered in both Spanish and English. No one contends that it is a violation of the First Amendment for businesses to be required to deliver these important messages in both English and another language. In effect, video description is a translation of the programmer's message into a "language"
• http://www.fcc.gov/fcc-bin/audio/DA-04-2540A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-2540A1.pdf
  • renewal application. An application for renewal of WSMX(AM)'s license should have been filed by August 1, 2003. No such application was filed, and the station's license expired on December 1, 2003. Upon learning of the expiration of the WSMX license, GMI: (1) contacted legal counsel; (2) tendered the subject license renewal application; (3) commenced running post-filing announcements pursuant to Section 73.3580 of the Commission's rules; and (4) tendered a request for Special Temporary Authorization (``STA'') to continue operation of WSMX(AM) pending action on the license renewal application. The staff granted the STA request on December 17, 2003. Upon the December 1, 2003, expiration of WSMX(AM)'s license, GMI's operation of WSMX(AM) was unauthorized and should have ceased immediately. In its petition, GMI
• http://www.fcc.gov/fcc-bin/audio/DA-06-1550A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1550A1.pdf
  • Esq. Marissa G. Repp, Esq. CCBL filed an Opposition to the Petition on July 7, 2005, to which BCI replied on July 19, 2005. CCBL filed a ``Motion for Leave to File a Surreply'' and ``Surreply'' on August 8, 2005. Because petitions to deny do not lie against covering license applications, see 47 U.S.C. � 309(c) and 47 C.F.R. �� 73.3580 and 73.3594(a), we will treat Blakeney's Petition as an informal objection under 47 C.F.R. � 73.3587. Further, because there is no formal pleading cycle established by the Commission's rules in the context of an informal objection, we are free to consider CCBL's ``Surreply'' and will do so here. 47 C.F.R. � 73.3598(a). 47 U.S.C. � 319(b). See 47 C.F.R. �
• http://www.fcc.gov/fcc-bin/audio/DA-06-320A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-320A1.pdf
  • sell him the station for the price of an FM Class A station or else he would file the Petition. Discussion. As an initial matter, we cannot consider the Boyer filing as a Petition to Deny. Petitions to Deny may not be filed with regard to applications that do not require local public notice to be filed pursuant to Section 73.3580 of the Commission's rules. Such local public notice is not required in the case of applications for minor change in the facilities of an authorized station. Accordingly, we will consider the pleading as an informal objection pursuant to Section 73.3587 of the Commission's rules. With respect to the substantive allegations contained in the Petition, we are satisfied that Warren has
• http://www.fcc.gov/fcc-bin/audio/DA-07-1206A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1206A1.pdf
  • (2003), aff'd, 411 F.3d 283 (D.C. Cir. 2005). Id., 18 FCC Rcd at 620. MCBI filed a subsequent application for minor modification to its construction permit, File No. BMPH-20020531AAJ, which was granted July 29, 2002. The instant application is for license to cover the construction permit as modified. See supra note 6. See 47 U.S.C. � 309(c); 47 C.F.R. �� 73.3580(a)(3), 73.3584(a). Id. � 73.3587. See supra note 10 and accompanying text. fective radiated power is 5.2 kW, the blanketing contour extends 0.559 miles from its transmitter. In its Reply to Opposition, DJ referenced and attached two complaints in which the complainant's names and addresses were hand-written on what appears to be a form prepared by DJ. One of the complainants
• http://www.fcc.gov/fcc-bin/audio/DA-07-1553A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1553A1.pdf
  • filed not later than 30 days after issuance of the public notice of acceptance of that application. Petitions to deny the Renewal Application must be filed not later than 90 days after issuance of the public notice of acceptance of that application. We also direct Sumiton to broadcast over WRSM(AM) all post-filing announcements regarding the Renewal Application required by Section 73.3580(d)(4)(ii) of the Rules, had the Renewal Application been filed on the date of this letter. Additionally, we direct Sumiton to submit to the Commission copies of any agreement(s) between itself and American Trust Corporation relating to the operation of WRSM(AM) within 30 days from the date of this letter. Accordingly, IT IS ORDERED That the August 15, 2005, Petition for
• http://www.fcc.gov/fcc-bin/audio/DA-07-1650A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1650A1.pdf
  • formats through market forces and competition among broadcasters . . . '' and that a change in programming is not a material factor that should be considered by the Commission in ruling on applications for license assignment or transfer. Additionally, one of the objectors has alleged that CPRI's public notice of the proposed sale did not fully comply with Section 73.3580 of the Rules and, therefore, seeks an extension of the period for filing public comment. We decline to postpone a decision in this matter, noting that the objector advises that CPRI took measures to eliminate the problem with the public notice. In light of the time since those corrective efforts were undertaken by CPRI, all comments to the Assignment Application,
• http://www.fcc.gov/fcc-bin/audio/DA-07-4925A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4925A1.pdf
  • while the announcements should have aired ``several times a day'' on the 1st and 16th of June, July, August, September, and October of 2005, they heard the announcements only twice. They state that the two announcements they did hear were broadcast in English, not in Cantonese, which is the primary language in which Station KMRB(AM) broadcasts, in violation of Section 73.3580 of the Rules. They also contend that the Licensee broadcast what it characterizes as obscene commercials, chiefly for ``health related food supplements.'' Additionally, the Joint Informal Objectors complain that one of KMRB(AM)'s show hosts, Chien-Chien, enjoys special privileges at the station that include allowing her to air more commercials, to criticize celebrities and businesses, to make disparaging comments regarding consumer
• http://www.fcc.gov/fcc-bin/audio/DA-08-1946A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1946A1.pdf
  • 9, 2008). See Kovas Communications of Indiana, Inc., Letter, 21 FCC Rcd 2196 (MB 2006). See Broadcast Actions, Public Notice, Report No. 46470 (Apr. 23, 2007) at 2. See July 2008 Amendment to the dismissed WMCW Application, Attachment 1, at 1. Id. Petitions to deny do not lie against minor change applications. See 47 U.S.C. � 309(d)(1); 47 C.F.R. � 73.3580(a). Accordingly, the Heller Petition will be treated herein as an Informal Objection pursuant to 47 C.F.R.� 73.3587. See 47 C.F.R. � 73.3517. See, e.g., Review of the Technical Assignment Criteria for the AM Broadcast Service, 6 FCC Rcd 6273 (1991), recon. granted in part and denied in part, 8 FCC Rcd 3250 (1993). Policies to Encourage Interference Reduction between AM
• http://www.fcc.gov/fcc-bin/audio/DA-08-494A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-494A1.pdf
  • e.g., Des Moines Independent School District, Memorandum Opinion and Order and Notice of Apparent Liability, 21 FCC Rcd 6342 (MB 2006); RealRadio, LLC, Memorandum Opinion and Order and Notice of Apparent Liability, 21 FCC Rcd 6346 (MB 2006); Best Media Inc., Memorandum Opinion and Order and Notice of Apparent Liability, 21 FCC Rcd 6354 (MB 2006). Objection at 2. Section 73.3580(d) of the Rules, 47 C.F.R. � 73.3580(d), requires licensees of broadcast stations to make certain announcements alerting the public that the licensee is applying to renew the Station's license and informing the public that they may provide information to the Commission regarding the licensee's qualifications. These announcements must be made prior to and following the filing of a license renewal
• http://www.fcc.gov/fcc-bin/audio/DA-08-556A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-556A1.pdf
  • went back on-air, it also broadcast notice of its filing on the Station once daily from October 24, 2007, through October 27, 2007. Objectors and Petitioners argue that Trinity's public notice was defective under the Rules on several grounds. First, several Objectors allege that Trinity's on-air public notice was defective because it was not timely broadcast in accordance with Section 73.3580(d) of the Rules. Next, Petitioners allege that Trinity failed to give adequate public written notice pursuant to Section 73.3580(c) of the Rules. Petitioners claim that The Sun Sentinel is published and distributed in Fort Lauderdale (approximately 24 miles north of Miami) and therefore does not constitute a ``newspaper of general circulation'' in the Miami area. Finally, Petitioners allege that Trinity's
• http://www.fcc.gov/fcc-bin/audio/DA-08-565A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-565A1.pdf
  • with the Commission's public notice requirements, and submits supporting documentation. See Declaration of Christopher Squire, Vice President of Operations, Urban (Feb. 14, 2007); Inner City Broadcasting Company, Inc., Time Order (Nov. 13, 2006); WHAT(AM) Contract Confirmation (Nov. 13, 2006) (Urban Opposition, Exhibit A); Sworn Declaration of Anna Dickerson, Philadelphia Inquirer (Nov. 28, 2006) (Urban Opposition, Exhibit B); 47 C.F.R. �� 73.3580(c) and (d)(3)(i). See 47 C.F.R. � 1.106(b)(1). See Changes in the Entertainment Formats of Broadcast Stations, Memorandum Opinion and Order, 66 FCC 2d 78 (1977), rev'd sub nom., WNCN Listeners Guild v. FCC, 610 F.2d 838 (D.C. Cir. 1979), rev'd, 450 U.S. 582 (1981). Section 326 of the Act expressly prohibits the Commission from interfering with the right of free
• http://www.fcc.gov/fcc-bin/audio/DA-09-1524A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1524A1.pdf
  • informal objection, IS DENIED, and that the Application for a minor modification of the facilities of Station WKZS(FM), Thomasboro, Illinois (File No. BPH-20080108ABK) IS GRANTED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 C.F.R. � 73.3573(g). In accordance with established procedures, Benton-Weatherford certified that it provided local notice of the filing of the Application pursuant to Section 73.3580 of the Commission's Rules (the ``Rules'') and the Bureau published notice in the Federal Register that the Application had been filed. See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14218-14220 (2006) (``Community Change R&O''). The Bureau published notice of
• http://www.fcc.gov/fcc-bin/audio/DA-09-403A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-403A1.pdf
  • requirements for operational readiness of EAS equipment) and 73.1820(a)(1)(iii) (describing requirement to maintain a log of each test and activation of the EAS system). Schademann Objection at 2; see 47 C.F.R. � 17.48 (describing requirements to notify the Federal Aviation Administration of any observed or known extinguishment or malfunction of tower lights). Schademann Objection at 2; see 47 C.F.R. � 73.3580(d) (describing requirements to broadcast pre-filing and post-filing announcements of a broadcast station's license renewal application). The Schademann Objection claims that the Station failed to maintain a file of listener complaints. Schademann Objection at 2. However, 47 C.F.R. � 73.3527 (unlike � 73.3526, the public inspection file rule applicable to commercial radio stations) does not require NCE stations to maintain a
• http://www.fcc.gov/fcc-bin/audio/DA-09-433A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-433A1.pdf
  • cause interference to its FM translator station, K215BQ, Bishop, California. It also claims that Living Proof lacks reasonable assurance of site availability and that there are defects in Living Proof's local newspaper public notice that the Application had been filed. Kalish alleges that Living Proof falsely certified that it would comply with the local public notice publication requirements of Section 73.3580 of the Commission's Rules (the ``Rules'') and misrepresented that Kalish was engaged in settlement negotiations with Living Proof and the University. These matters, in combination, Kalish claims, show that Living Proof lacks ``forthrightness and candor'' and has made a ``possible material misrepresentation.'' Therefore, Kalish argues that the Application should be dismissed with prejudice. Finally, in his Reply, Kalish alleges that
• http://www.fcc.gov/fcc-bin/audio/DA-09-57A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-57A1.pdf
  • application of Ithaca Community Radio, Inc. (File No. BNPED-20071018AFY) for a new noncommercial educational FM station at Odessa, New York, IS GRANTED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Melodie A. Virtue, Esq. 47 C.F.R. � 73.3587. For example, ``Ray Smith'' claims that ICR is not ``local;'' ICR did not run the newspaper notice required by Section 73.3580 of the Rules; and ICR is using its FM translator station to raise funds for its proposed community radio station as well as its translator station beyond the costs related to installation, operation and maintenance of the translator, in violation of the Rules. See Opposition at Attachment 2. In addition, Smith states that he has ``neither been paid nor promised
• http://www.fcc.gov/fcc-bin/audio/DA-10-1037A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1037A1.pdf
  • and Business Services at MU). See, e.g., Ithaca Community Radio, Letter, 24 FCC Rcd 363, 364 n.5 (MB 2009) (unsupported allegation adequately rebutted by licensee submission supported by affidavit from licensee board member). 47 C.F.R. � 73.3527. See id. at Attachment 2 (Declaration of Dr. John E. Williams, Superintendent of Rush County Schools); see also 47 C.F.R. �� 73.3527 and 73.3580. See n.5, supra. See id. (...continued from previous page) Federal Communications Commission Washington, D.C. 20554 � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '�
• http://www.fcc.gov/fcc-bin/audio/DA-12-167A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-167A1.pdf
  • violations on the record, coupled with Licensee's apparent disregard for a prior admonition regarding those violations and refusal to address the allegations, indicate that `the licensee cannot be relied upon to operate [the station] in the future in accordance with the requirements of its licenses and the Commission's Rules.'''). Licensee is required to comply with the pre-filing requirements of Section 73.3580 of the Rules, which specifies when a broadcast licensee filing a renewal application must air announcement regarding its renewal application. 47 C.F.R. � 73.3580(d)(4)(i). Because the stations' renewal terms will expire in February 2013, Visionary must begin airing a pre-filing announcement in August 2012. Federal Communications Commission DA 12-167 Federal Communications Commission DA 12-167 " � " � � �
• http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.txt
  • the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: � 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application of
• http://www.fcc.gov/fcc-bin/audio/FCC-04-155A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-155A1.pdf
  • to file petition for reconsideration without pre-grant objection when application granted five days after Public Notice of its acceptance); Ted and Jana Tucker, 4 FCC Rcd 2816 (1989) (standing to file petition for reconsideration without pre-grant objection when application granted four days after Public Notice of its acceptance). See supra note 9. See 47 U.S.C. � 309(c) and 47 C.F.R. �73.3580. 47 C.F.R. �� 1.1201 et seq. Application for Review at 10. See 47 C.F.R. �� 73.3500, 73.3511. See also 47 U.S.C. � 319(a). See the Association's October 29, 1999 ``Reply to Informal Complaint,'' p. 4. Application for Review at 12. See Amendment of Part 74 of the Commission's Rules Concerning FM Translator Stations, 5 FCC Rcd 7212, 7230 (1990) (``Translator
• http://www.fcc.gov/fcc-bin/audio/FCC-05-10A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-05-10A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Revision of the Public Notice Requirements of Section 73.3580 ) ) ) ) MB Docket No: 05-6 NOTICE OF PROPOSED RULE MAKING Adopted: January 10, 2005 Released: March 15, 2005 Comment Date: 30 days after publication in the Federal Register Reply Comment Date: 45 days after publication in the Federal Register By the Commission: Commissioners Copps and Adelstein issuing a joint statement. I. INTRODUCTION 1. This Notice of Proposed
• http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.pdf
  • 5278 (1999) (``Tech I''). Unlike minor changes, major change applications are subject to a number of statutory requirements. These include providing both a thirty-day public notice period following the acceptance of a major change application and the opportunity to file petitions to deny and mutually exclusive applications within this 30-day period. See 47 U.S.C. � 309(b); 47 C.F.R. �� 73.3573(3), 73.3580. 47 C.F.R. � 1.420(i). Amendment of the Commission's Rules Regarding Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990) (``New Community MO&O''). 47 C.F.R. �� 73.207, 73.315(a). At this stage of the proceeding, the Commission also requests concurrence by the Canadian or
• http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • to file informal objections to, or comments in support of, a particular move. Thus, we adopt our proposal to require the proponent to give local public notice in connection with such applications, notwithstanding that minor modification applicants generally need not provide local public notice. Specifically, applicants under this new procedure shall provide local public notice as set forth in Sections 73.3580(c)(3), (d)(3), and (f) of our Rules, and shall certify such compliance in Form 301. We also direct the Media Bureau to provide notice in the Federal Register that an application to modify an AM or FM station's community of license has been filed. Moreover, the Bureau will not act upon such an application until at least 60 days after publication
• http://www.fcc.gov/fcc-bin/audio/FCC-06-169A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-169A1.pdf
  • the late filing, it will not have been able to give timely notice to the public, as required. Therefore, it should add the number of required pre-filing notices (four) to the number of required post-filing notices (eight), so that it will have completed the required total of twelve notices at intervals as close as possible to those identified in Section 73.3580, no later than 120 days from the release of this Order. In the event that WVIS(FM) is able to restore full service within that time, the remaining notices should be given by on-air announcements. Otherwise, VISC should publish the notices in an appropriate newspaper in accordance with the requirements in Section 73.3580, except that the publication should occur both in
• http://www.fcc.gov/fcc-bin/audio/FCC-08-139A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-139A1.pdf
  • v. Sanders Bros. Radio Station, 309 U.S. 470, 477 (1940) and Rainbow Broadcasting Co., Memorandum Opinion and Order, 9 FCC Rcd 2839, 2844 n.24 (1994)(subsequent history omitted)). Second, Appellants were legally precluded from filing a petition to deny in the initial stage of this proceeding, as petitions to deny do not lie against minor modification applications. See 47 C.F.R. �� 73.3580(a)(1) and 73.3584(a). As indicated above (see supra note 7), Appellants submitted notification of their concerns about the Application, which is appropriately treated as an informal objection under 47 C.F.R. � 73.3587. Accordingly, we find that Appellants ``participated in our processes to the fullest extent permitted'' and have met the good cause standard of 47 C.F.R. � 1.106(b)(1). Cloud Nine, 10
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/AttachC-04-18-1997.html
  • selection to file an application for construction permit. The [3]Memorandum Opinion and Order that was released simultaneously with the revised expanded band allotment plan extended the filing period to ninety days. A waiver of this requirement would require a traditional "good cause" showing. See 47 C.F.R. Section 1.3. 15. Must I comply with the publication requirements of 47 C.F.R. Section 73.3580? Yes. Applicants must comply with all "new station" publication requirements. 16. I am currently at the local radio ownership cap. Will I need to divest or obtain a waiver prior to obtaining an expanded band station license? No. Expanded band stations are not counted for multiple ownership purposes. 17. Must I continue to operate my existing band frequency? No. Once
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [672]TEXT [673]PDF 73.3580 Local public notice of filing of broadcast applications. [674]TEXT [675]PDF 73.3584 Procedure for filing petitions to deny. [676]TEXT [677]PDF 73.3587 Procedure for filing informal objections. [678]TEXT [679]PDF 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. [680]TEXT [681]PDF 73.3589 Threats to file petitions to deny or informal objections. [682]TEXT [683]PDF 73.3591 Grants without hearing. [684]TEXT [685]PDF 73.3592 Conditional
• http://www.fcc.gov/mb/audio/decdoc/legalser.html
  • to 258 ] [ [112]1928 Spectrum Chart ] July 1, 1927 Annual Report of the Federal Radio Commission to the Congress of the United States for the Fiscal Year Ended June 30, 1927 Annual Report, released July 1, 1927 [ [113]PDF | [114]Scanned ] [115]Next subject [116]Previous subject Assignment Applications March 15,2004 Revision of the Public Notice Requirements of Section 73.3580 [for assignments and transfers] NPRM, MB Docket 05-6, FCC 05-10, released March 15, 2005 [ [117]PDF | [118]Word ]. . March 12, 2001 Letter re WVOA (FM), DeRuyter, NY Letter, dated March 12, 2001 [ [119]Word ]. A petition to deny against an assignment application was denied. March 12, 2001 Letter re KBKO (AM), Santa Barbara, CA and KSPE-FM, Ellwood,
• http://www.fcc.gov/mb/audio/includes/31-legalser.htm
  • to 258 ] [ [65]1928 Spectrum Chart ] July 1, 1927 Annual Report of the Federal Radio Commission to the Congress of the United States for the Fiscal Year Ended June 30, 1927 Annual Report, released July 1, 1927 [ [66]PDF | [67]Scanned ] [68]Next subject [69]Previous subject Assignment Applications March 15,2004 Revision of the Public Notice Requirements of Section 73.3580 [for assignments and transfers] NPRM, MB Docket 05-6, FCC 05-10, released March 15, 2005 [ [70]PDF | [71]Word ]. . March 12, 2001 Letter re WVOA (FM), DeRuyter, NY Letter, dated March 12, 2001 [ [72]Word ]. A petition to deny against an assignment application was denied. March 12, 2001 Letter re KBKO (AM), Santa Barbara, CA and KSPE-FM, Ellwood,
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [616]PDF 73.3571 Processing of AM broadcast station applications. [617]TEXT [618]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [619]TEXT [620]PDF 73.3573 Processing FM broadcast station applications. [621]TEXT [622]PDF 73.3574 Processing of international broadcast station applications. [623]TEXT [624]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [625]TEXT [626]PDF 73.3580 Local public notice of filing of broadcast applications. [627]TEXT [628]PDF 73.3584 Procedure for filing petitions to deny. [629]TEXT [630]PDF 73.3587 Procedure for filing informal objections. [631]TEXT [632]PDF 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. [633]TEXT [634]PDF 73.3589 Threats to file petitions to deny or informal objections. [635]TEXT [636]PDF 73.3591 Grants without hearing. [637]TEXT [638]PDF 73.3592 Conditional
• http://www.fcc.gov/transaction/nbc-telemundo/kmas-tv_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/ksts_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/ktmd_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/kvda_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/kvea_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/kwhy-tv_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/kxtx-tv_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/wkaq-tv_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/wnju_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/wscv_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio
• http://www.fcc.gov/transaction/nbc-telemundo/wsns-tv_appli110101.html
  • provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. radio button on Yes radio button off No See Explanation in [Exhibit 9] 7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. radio button on Yes radio button off No 8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. radio button off Yes radio button off No radio