FCC Web Documents citing 73.3597

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1333A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1333A1.txt
  • 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 the facilities of WWKM(FM) for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.txt
  • collusion applies to all broadcast services subject to competitive bidding. This section conforms the auction rules and procedures for broadcast construction permits with the Commission's Part 1 auction rules. Legal Basis: 47 U.S.C. 154, 303, 309(j), 334 and 336. Section Number and Title: 73.3525(l) Agreements for removing application conflicts. Brief Description: This rule applies subsections (c) and (d) of Section 73.3597 to mutually exclusive noncommercial applications filed after the release of 1998 Biennial Regulatory Review, Streamlining of Mass Media Applications, Rules, and Processes, MM Docket 98-43, 13 FCC Rcd 23056 (Nov. 25, 1998). Need: This section clarifies which applications are subject to subsections (c) and (d) of this rule. Legal Basis: 47 U.S.C. 154, 301, 303, 307, 308, and 309. Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.txt
  • and Order, 13 FCC Rcd at 15999-16002. In the Matter of 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes; Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities, Report and Order, 13 FCC Rcd 23056 (1998), on reconsideration, 14 FCC Rcd 17525 (1999) (1998 Nontechnical Streamlining Report and Order). 47 C.F.R. § 73.3597. While copies of sales agreements are no longer required as part of the application for assignment or transfer, the documents must still be filed for the purpose of making the contracts and agreements available to the public in the Commission's public reference room. While copies of contour overlap maps are no longer required as an exhibit to the application, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-377A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-377A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-377A1.txt
  • in an unauthorized transfer of control through the Loan Agreement, Option Agreement and TBA, and therefore conclude no substantial and material question of fact exists whether grant of the applications will serve the public interest. 15. Unbuilt Station/ No-profit rule. The former prohibition on the payment upon assignment or transfer of an unbuilt station, as contained in 47 C.F.R. § 73.3597, restricted a Seller's compensation to the legitimate and prudent expenses incurred in the application for, and construction and initial operation of the station. The so-called ``no-profit rule'' was intended to ``preclude trafficking in construction permits for unbuilt stations by barring the use of such permits as a means of obtaining financial gain from their transfer before the original grantee builds
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1.txt
  • Secondary Markets, Policy Statement, 15 FCC Rcd 24178, 24181 (para. 10) (2000) (Spectrum Secondary Markets Policy Statement); Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Notice of Proposed Rulemaking, WT Docket No. 00-230, 15 FCC Rcd 24203 (para. 10) (2000) (Spectrum Secondary Markets NPRM). ICO Reply at 3, citing, e.g., Amendment of Section 73.3597 of the Commission's Rules (Applications for Voluntary Assignments or Transfers of Control), Report and Order, BC Docket No. 81-897, FCC 82-519, 52 Rad. Reg. 2d 1081, 1086 (para. 21) (1982) (Broadcast Trafficking Report and Order) (elimination of "three-year rule" for broadcast stations). ICO Reply at 3-4. ICO Reply at 4. ICO Reply at 4-5. Teledesic Comments at 35-38; Teledesic Reply
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1_Erratum.doc
  • Secondary Markets, Policy Statement, 15 FCC Rcd 24178, 24181 (para. 10) (2000) (Spectrum Secondary Markets Policy Statement); Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Notice of Proposed Rulemaking, WT Docket No. 00-230, 15 FCC Rcd 24203 (para. 10) (2000) (Spectrum Secondary Markets NPRM). ICO Reply at 3, citing, e.g., Amendment of Section 73.3597 of the Commission's Rules (Applications for Voluntary Assignments or Transfers of Control), Report and Order, BC Docket No. 81-897, FCC 82-519, 52 Rad. Reg. 2d 1081, 1086 (para. 21) (1982) (Broadcast Trafficking Report and Order) (elimination of "three-year rule" for broadcast stations). ICO Reply at 3-4. ICO Reply at 4. ICO Reply at 4-5. Teledesic Comments at 35-38; Teledesic Reply
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-268A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-268A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-268A1.txt
  • character violations by an applicant, it did not show that the unclean hands doctrine precluded waiver of the broadcast construction rules). Under the rules in effect at the time, the staff could not approve an application to assign the construction permit for an unbuilt station if the parties would receive consideration exceeding reasonable and prudent expenses. See 47 C.F.R. § 73.3597(c) (1996). Piedmont highlights changes such as HarryCo's claim of a van as a $16,875 expense on the first statement, and exclusion of this item on its second statement after Piedmont noted that the van had been repossessed and was not being assigned. See Fox River Broadcasting, Inc., 93 F.C.C.2d 127, 129 (1983); see also LUJ, Inc., 17 FCC Rcd 16980
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-147A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-147A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-147A1.txt
  • First Report and Order, 18 FCC Rcd at 10776 (para. 16). See First Report and Order, 18 FCC Rcd at 10804 (para. 107). See First Report and Order, 18 FCC Rcd at 10822-23 (para. 161). The three-year holding rule prohibited transfers of broadcast licenses unless the licensee had held the license for a minimum of three years. Amendment of Section 73.3597 of the Commission's Rules (Applications for Voluntary Assignments or Transfers of Control), Report and Order, BC Docket No. 81-897, FCC 82-519, 52 Rad. Reg. 2d 1081, 1088 (para. 29) (1982) (Broadcast Trafficking Report and Order). Currently, the Commission requires broadcast licensees to complete construction and to begin operation of their facilities within three years. See 1998 Biennial Regulatory Review -
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-147A1_Erratum.doc
  • First Report and Order, 18 FCC Rcd at 10776 (para. 16). See First Report and Order, 18 FCC Rcd at 10804 (para. 107). See First Report and Order, 18 FCC Rcd at 10822-23 (para. 161). The three-year holding rule prohibited transfers of broadcast licenses unless the licensee had held the license for a minimum of three years. Amendment of Section 73.3597 of the Commission's Rules (Applications for Voluntary Assignments or Transfers of Control), Report and Order, BC Docket No. 81-897, FCC 82-519, 52 Rad. Reg. 2d 1081, 1088 (para. 29) (1982) (Broadcast Trafficking Report and Order). Currently, the Commission requires broadcast licensees to complete construction and to begin operation of their facilities within three years. See 1998 Biennial Regulatory Review -
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.txt
  • Outreach Partnership. See ITA Reply Comments at 10; NRTC Comments at 7. Rural NPRM, 18 FCC Rcd at 20840 ¶ 79. See Revision and Update of Part 22 of the Public Mobile Services Rules, 95 FCC 2d 769, 800-01 n. 31 (1983), on reconsideration, 101 FCC 2d 799 (1985), on further reconsideration, 2 FCC Rcd 1798 (1987); Amendment of Section 73.3597 of the Commission's Rules, Report and Order, 52 Rad. Reg. 2d (P&F) 1081, 1089 (1982), on reconsideration, 9 FCC 2d 971(1985). Amendment of Section 73.3597 of the Commission's Rules, Notice of Proposed Rule Making, 47 Fed. Reg. 985, 987 (1982). (2003). Bill Welch, 3 FCC Rcd at 6503 ¶ 11. > (Hogan & Hartson Petition). Review of the Commission's Regulations
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-60A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-60A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-60A1.txt
  • on February 5, 1998. However, it did not include the list of contracts required by Section 73.3615(a)(4) of the Commission's Rules. Apex's March 3, 1998, reply raised no new matters. File No. BAPH-980421HW. Apex also contended that High was attempting to sell an unbuilt station for consideration far in excess of its legitimate and prudent expenses in violation of Section 73.3597(c)(2) of the Commission's Rules. However, by Notice of Proposed Rule Making, 1998 Biennial Regulatory Review, 13 FCC Rcd 11349, 11360 (1998), the Commission proposed to eliminate the ``no profit'' rule. Subsequently, by Report and Order, 1998 Biennial Regulatory Review - Streamlining of Mass Media Rules, 13 FCC Rcd 23056, 23070 (1998), the Commission eliminated the no profit limitation with respect
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • changes follow from our review of our assignment and transfer rules and the information currently collected as part of the sales application process. We propose to eliminate the rule restricting payments upon assignment or transfer of unbuilt stations. Further, we propose to eliminate the requirement Federal Communications Commission FCC 98-57 25 See 5 U.S.C.A. § 553(b)(3)(A). 26 47 C.F.R. § 73.3597(c) provides in pertinent part: (1)(i) Unbuilt Station refers to an AM, FM or TV broadcast station or a low power TV or TV translator station for which a construction permit is outstanding, and, regardless of the stage of physical completion, as to which program tests have not been commenced or, if required, been authorized. (2) The FCC will not consent
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • to retain the worksheets, as well as other data or documentation used to support certifications, for use in response to Commission audits and inquiries, discussed infra, ¶¶ 62-76. 2. Assignment and Transfer Applications: Forms 314 and 315 25. Considerable staff resources are devoted to processing the several thousand assignment and transfer Federal Communications Commission FCC 98-281 47 47 C.F.R. § 73.3597(c) provides in pertinent part: (1)(i) Unbuilt Station refers to an AM, FM, or TV broadcast station or a low power TV or TV translator station for which a construction permit is outstanding, and, regardless of the stage of physical completion, as to which program tests have not been commenced or, if required, been authorized. (2) The FCC will not consent
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • and Order, 13 FCC Rcd at 15999-16002. In the Matter of 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes; Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities, Report and Order, 13 FCC Rcd 23056 (1998), on reconsideration, 14 FCC Rcd 17525 (1999) (1998 Nontechnical Streamlining Report and Order). 47 C.F.R. § 73.3597. While copies of sales agreements are no longer required as part of the application for assignment or transfer, the documents must still be filed for the purpose of making the contracts and agreements available to the public in the Commission's public reference room. While copies of contour overlap maps are no longer required as an exhibit to the application, the
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 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 grant. [686]TEXT [687]PDF 73.3593 Designation for hearing. [688]TEXT [689]PDF 73.3594 Local public notice of designation for hearing. [690]TEXT [691]PDF 73.3597 Procedures on transfer and assignment applications. [692]TEXT [693]PDF 73.3598 Period of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license. [696]TEXT [697]PDF 73.3603 Special waiver procedure relative to applications. [698]TEXT [699]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [700]TEXT [701]PDF 73.3612 Annual employment report. [702]TEXT [703]PDF 73.3613 Filing of contracts. [704]TEXT [705]PDF 73.3615 Ownership reports.
• 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
  • (1994), modified, 9 FCC Rcd 6689 (1994), further 4 modified, 10 FCC Rcd 12182 (1995). Also, following Bechtel v. FCC, 957 F.2d 873, 881 (D.C. Cir. 1992) (Bechtel I), and again following Bechtel II, the Commission issued further notices of proposed rulemaking. In Further Notice of Proposed Rulemaking, 8 FCC Rcd 5475 (1993), it proposed to amend 47 C.F.R. § 73.3597, which governs the assignment and transfer of broadcast authorizations to lengthen the period of time that a successful applicant receiving a grant after a comparative hearing must operate its station before selling it. Similar issues had been raised in a petition for reconsideration filed by Black Citizens for a Fair Media in GEN Docket No. 90-264 and in responsive comments.
• 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
  • (1994), modified, 9 FCC Rcd 6689 (1994), further 4 modified, 10 FCC Rcd 12182 (1995). Also, following Bechtel v. FCC, 957 F.2d 873, 881 (D.C. Cir. 1992) (Bechtel I), and again following Bechtel II, the Commission issued further notices of proposed rulemaking. In Further Notice of Proposed Rulemaking, 8 FCC Rcd 5475 (1993), it proposed to amend 47 C.F.R. § 73.3597, which governs the assignment and transfer of broadcast authorizations to lengthen the period of time that a successful applicant receiving a grant after a comparative hearing must operate its station before selling it. Similar issues had been raised in a petition for reconsideration filed by Black Citizens for a Fair Media in GEN Docket No. 90-264 and in responsive comments.
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • changes follow from our review of our assignment and transfer rules and the information currently collected as part of the sales application process. We propose to eliminate the rule restricting payments upon assignment or transfer of unbuilt stations. Further, we propose to eliminate the requirement Federal Communications Commission FCC 98-57 25 See 5 U.S.C.A. § 553(b)(3)(A). 26 47 C.F.R. § 73.3597(c) provides in pertinent part: (1)(i) Unbuilt Station refers to an AM, FM or TV broadcast station or a low power TV or TV translator station for which a construction permit is outstanding, and, regardless of the stage of physical completion, as to which program tests have not been commenced or, if required, been authorized. (2) The FCC will not consent
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • to retain the worksheets, as well as other data or documentation used to support certifications, for use in response to Commission audits and inquiries, discussed infra, ¶¶ 62-76. 2. Assignment and Transfer Applications: Forms 314 and 315 25. Considerable staff resources are devoted to processing the several thousand assignment and transfer Federal Communications Commission FCC 98-281 47 47 C.F.R. § 73.3597(c) provides in pertinent part: (1)(i) Unbuilt Station refers to an AM, FM, or TV broadcast station or a low power TV or TV translator station for which a construction permit is outstanding, and, regardless of the stage of physical completion, as to which program tests have not been commenced or, if required, been authorized. (2) The FCC will not consent
• http://www.fcc.gov/DiversityFAC/030929/RiveraReport.doc
  • firms. APPENDIX A Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of: ) ) Amendment of the Commission's Rules ) relating to its Distress Sale ) Policy; Merger Policy; Deferred ) Capital Gains Treatment; Financing; ) File No._ ___________ Multiple Ownership Sections (73.35, ) 73.240, and 73.636): Procedures on ) Transfer and Assignment Applica- ) tions Section 73.3597): and ) Minority Ownership of Common ) Carrier Facilities ) To: The Commission PETITION FOR RULEMAKING ON MINORITY OWNERSHIP The National Association of Black Owned Broadcasters ("NABOB"), through counsel, pursuant to Section 1.401 of the Commission's Rules, hereby petitions the Federal Communications Commission (``FCC'' or ``Commission'') to adopt rules which would further foster minority(( ownership. This Petition is submitted because
• http://www.fcc.gov/fcc-bin/audio/DOC-249534A1.doc http://www.fcc.gov/fcc-bin/audio/DOC-249534A1.pdf
  • experienced delays beyond its control while the Commission finalized its DTV allotment table, which delayed action on a rulemaking proceeding concerning KCWE's needed channel change. KCWE commenced program test authority while the rulemaking was in progress via a technical special temporary authority, and the station could not therefore be considered ``unbuilt station,'' as that term is defined in 47 C.F.R. §73.3597(c)(1)(i). Streamlining MO&O, 14 FCC Rcd at 17541. KIEV's circumstances are also clearly distinguishable from those of the FM permittee in Texas Grace. In Texas Grace, the Commission waived its construction period rule, 47 C.F.R. §73.3598(a), based on its finding that the Commission had not been completely clear to permittees with ``then-outstanding modification requests stemming from rulemaking proceedings.'' Texas Grace, at
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • propose to eliminate the requirement that applicants file sales agreements as part of the assignment or transfer application. In addition, we propose other changes that are not subject to the rulemaking requirements of the Administrative Procedure Act and therefore may be implemented without notice and comment. Nonetheless, we believe the changes are substantial enough to warrant discussion here. Background. Section 73.3597(c) of the Commission's rules restricts payments upon assignment or transfer of an unbuilt station to reimbursement of a seller's expenses ("no profit" rule). The "no profit" rule requires that an application to assign or transfer an unbuilt station include declarations by both parties that the seller will not be reimbursed for more than out-of-pocket expenses. In addition, Section 73.3597(d) provides
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 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 grant. [686]TEXT [687]PDF 73.3593 Designation for hearing. [688]TEXT [689]PDF 73.3594 Local public notice of designation for hearing. [690]TEXT [691]PDF 73.3597 Procedures on transfer and assignment applications. [692]TEXT [693]PDF 73.3598 Period of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license. [696]TEXT [697]PDF 73.3603 Special waiver procedure relative to applications. [698]TEXT [699]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [700]TEXT [701]PDF 73.3612 Annual employment report. [702]TEXT [703]PDF 73.3613 Filing of contracts. [704]TEXT [705]PDF 73.3615 Ownership reports.
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 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 grant. [639]TEXT [640]PDF 73.3593 Designation for hearing. [641]TEXT [642]PDF 73.3594 Local public notice of designation for hearing. [643]TEXT [644]PDF 73.3597 Procedures on transfer and assignment applications. [645]TEXT [646]PDF 73.3598 Period of construction. [647]TEXT [648]PDF 73.3601 Simultaneous modification and renewal of license. [649]TEXT [650]PDF 73.3603 Special waiver procedure relative to applications. [651]TEXT [652]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [653]TEXT [654]PDF 73.3612 Annual employment report. [655]TEXT [656]PDF 73.3613 Filing of contracts. [657]TEXT [658]PDF 73.3615 Ownership reports.