Sec. 73.3580  Local public notice of filing of broadcast applications.

    (a) All applications for instruments of authorization in the 
broadcast service (and major amendments thereto, as indicated in 
Secs. 73.3571, 73.3572, 73.3573, 73.3574 and 73.3578) are subject to the 
local public notice provisions of this section, except applications for:
    (1) A minor change in the facilities of an authorized station, as 
indicated in Secs. 73.3571, 73.3572, 73.3573 and 73.3574.

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    (2) Consent to an involuntary assignment or transfer or to a 
voluntary assignment or transfer which does not result in a change of 
control and which may be applied for on FCC Form 316 pursuant to the 
provisions of Sec. 73.3540(b).
    (3) A license under section 319(c) of the Communications Act or, 
pending application for or grant of such license, any special or 
temporary authorization to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as would be authorized by such license.
    (4) Extension of time to complete construction of authorized 
facilities.
    (5) An authorization of facilities for remote pickup or studio links 
for use in the operation of a broadcast station.
    (6) Authorization pursuant to section 325(c) of the Communications 
Act (``* * * studios of foreign stations'') where the programs to be 
transmitted are special events not of a continuing nature.
    (7) An authorization under any of the proviso clauses of section 
308(a) of the Communications Act concerning applications for and 
conditions in licenses.
    (b) Applications (as originally filed or amended) will be acted upon 
by the FCC no sooner than 30 days following public notice of acceptance 
for filing or amendment, except as otherwise permitted in Sec. 73.3542, 
``Application for temporary authorization.''
    (c) An applicant who files an application or amendment thereto which 
is subject to the provisions of this section, must give a notice of this 
filing in a newspaper. Exceptions to this requirement are applications 
for renewal of AM, FM, TV and International broadcasting stations; low 
power TV stations; TV and FM translator stations, TV booster stations; 
FM booster stations; and applications subject to paragraph (e) of this 
section. The local public notice must be completed within 30 days of the 
tendering of the application. In the event the FCC notifies the 
applicant that a major change is involved, requiring the applicant to 
file public notice pursuant to Secs. 73.3571, 73.3572, 73.3573 or 
73.3578, this filing notice shall be given in a newspaper following this 
notification.
    (1) Notice requirements for these applicants are as follows. (i) In 
a daily newspaper of general circulation published in the community in 
which the station is located, or proposed to be located, at least twice 
a week for two consecutive weeks in a three-week period; or,
    (ii) If there is no such daily newspaper, in a weekly newspaper of 
general circulation published in that community, once a week for 3 
consecutive weeks in a 4-week period; or,
    (iii) If there is no daily or weekly newspaper published in that 
community, in the daily newspaper from wherever published, which has the 
greatest general circulation in that community, twice a week for 2 
consecutive weeks within a 3-week period.
    (2) Notice requirements for applicants for a permit pursuant to 
section 325(b) of the Communications Act (``* * * Studios of Foreign 
Stations'') are as follows. In a daily newspaper of general circulation 
in the largest city in the principal area to be served in the U.S.A. by 
the foreign broadcast station, at least twice a week for 2 consecutive 
weeks within a three-week period.
    (3) Notice requirements for applicants for a change in station 
location are as follows. In the community in which the station is 
located and the one in which it is proposed to be located, in a 
newspaper with publishing requirements as in paragraphs (c)(1)(i), (ii) 
or (iii) of this section.
    (4) The notice required in paragraphs (c)(1), (2) and (3) of this 
section shall contain the information described in paragraph (f) of this 
section.
    (d) The licensee of an operating broadcast station who files an 
application or amendment thereto which is subject to the provisions of 
this section must gibe notice as follows:
    (1) An applicant who files for renewal of a broadcast station 
license, other than a low power TV station license not locally 
originating programming as defined by Sec. 74.701(h), an FM translator 
station or a TV translator station license, must give notice of this 
filing by broadcasting announcements on applicant's station. (Sample and 
schedule of announcements are below.) Newspaper publication is not 
required. An applicant who files for renewal of a low power TV station 
license not locally

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originating programming as defined by Sec. 74.701(h), an FM translator 
station or a TV translator station license will comply with (g) below.
    (2) An applicant who files an amendment of an application for 
renewal of a broadcast station lincense will comply with paragraph 
(d)(1) of this section.
    (3) An applicant who files for modification, assignment or transfer 
of a broadcast station license (except for International broadcast, low 
power TV, TV translator, TV booster, FM translator and FM booster 
stations) shall give notice of the filing in a newspaper as described in 
paragraph (c) of this section, and also broadcast the same notice over 
the station as follows:
    (i) At least once daily on four days in the second week immediately 
following either the tendering for filing of the application or 
immediately following notification to the applicant by the FCC that 
Public Notice is required pursuant to Secs. 73.3571, 73.3572, 73.3573 or 
Sec. 73.3578. For commercial radio stations these announcements shall be 
made between 7 a.m. and 9 a.m. and/or 4 p.m. and 6 p.m. For stations 
which neither operate between 7 a.m. and 9 a.m. nor between 4 p.m. and 6 
p.m., these announcements shall be made during the first two hours of 
broadcast operation. For commercial TV stations, these announcements 
shall be made between 6 p.m. and 11 p.m. (5 p.m. and 10 p.m. Central and 
Mountain time).
    (4) The broadcast notice requirements for those filing renewal 
applications and amendments thereto are 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 
each calendar month. Stations broadcasting primarily in a foreign 
language should broadcast the announcements in that language.

    On (date of last renewal grant) (Station's call letters) was granted 
a license by the Federal Communication Commission to serve the public 
interest as a public trustee until (expiration date).
    Our license will expire on (date). We must file an application for 
renewal with the FCC (date four calendar months prior to expiration 
date). When filed, a copy of this application will be available for 
public inspection during our regular business hours. It contains 
information concerning this station's performance during the last 
(period of time covered by the application).
    Individuals who wish to advise the FCC of facts relating to our 
renewal application and to whether this station has operated in the 
public interest should file comments and petitions with the FCC by (date 
first day of last full calendar month prior to the month of expiration).
    Further information concerning the FCC's broadcast license renewal 
process is available at (address of location of the station's public 
inspection file) or may be obtained from the FCC, Washington, DC 20554.

    (A) An applicant who files for renewal of a low power TV station 
locally originating programming (as defined by Sec. 74.701(h)) shall 
broadcast this announcement, except that statements indicating there is 
a public inspection file at the station containing the renewal 
application and other information on the license renewal process, shall 
be omitted.
    (B) This announcement shall be made during the following time 
periods:
    (1) For commercial TV stations--at least two of the required 
announcements between 6 p.m. and 11 p.m. (5 p.m. and 10 p.m. Central and 
Mountain Time).
    (2) For commercial radio stations--at least two of the required 
announcements between 7 a.m. and 9 a.m. and/or 4 p.m. and 6 p.m. For 
stations which neither operate between 7 a.m. and 9 a.m. nor between 4 
p.m. and 6 p.m., at least two of the required announcements shall be 
made during the first two hours of broadcast operation.
    (3) For noncommercial educational stations, at the same time as 
commercial stations, except that such stations need not broadcast the 
announcement during any month during which the station does not operate.
    (4) For low power TV stations locally originating programming (as 
defined by Sec. 74.701(h)), at the same time as for commercial TV 
stations, or as close to that time as possible.
    (ii) Post-filing announcements. During the period beginning of the 
date on which the renewal application is filed

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to the sixteenth day of the next to last full calendar month prior to 
the expiration of the license, all applications for renewal of broadcast 
station licenses shall broadcast the following announcement on the 1st 
and 16th day of each calendar month. Stations broadcasting primarily in 
a foreign language should broadcast the announcements in that language.

    On (date of last renewal grant) (Station's call letters) was granted 
a license by the Federal Communications Commission to serve the public 
interest as a public trustee until (expiration date).
    Our license will expire on (date). We have filed an application for 
renewal with the FCC.
    A copy of this application is available for public inspection during 
our regular business hours. It contains information concerning this 
station's performance during the last (period of time covered by 
application).
    Individuals who wish to advise the FCC of facts relating to our 
renewal application and to whether this station has operated in the 
public interest should file comments and petitions with the FCC by (date 
first day of last full calendar month prior to the month of expiration).
    Further information concerning the FCC's broadcast license renewal 
process is available at (address of location of the station's public 
inspection file) or may be obtained from the FCC, Washington, DC 20554.

    (A) An applicant who files for renewal of a low power TV station 
locally originating programming (as defined by Sec. 74.701(h)) shall 
broadcast this announcement, except that statements indicating there is 
a public inspection file at the station containing the renewal 
application and other information on the license renewal process, shall 
be omitted.
    (B) This announcement shall be made during the following time 
periods:
    (1) For commercial TV stations--at least three of the required 
announcements between 6 p.m. and 11 p.m. (5 p.m. and 10 p.m. Central and 
Mountain time), at least one announcement between 9 a.m. and 1 p.m., at 
least one announcement between 1 p.m. and 5 p.m., and at least one 
announcement between 5 p.m. and 7 p.m.
    (2) For commercial radio stations--at least three of the required 
announcements between 7 a.m. and 9 a.m. and/or 4 p.m. and 6 p.m., at 
least one announcement between 9 a.m. and noon, at least one 
announcement between noon and 4 p.m., and at least one announcement 
between 7 p.m. and midnight. For stations which do not operate between 7 
a.m. and 9 a.m. or between 4 p.m. and 6 p.m., at least three of the 
required announcements shall be made during the first two hours of 
broadcast operation.
    (3) For noncommercial educational stations, at the same time as 
commercial stations, except that such stations need not broadcast the 
announcement during any month during which the station does not operate. 
In such instances noncommercial educational stations shall meet the 
requirements in the exact order specified in paragraph (d)(4)(ii)(A) (1) 
or (2) of this section (e.g., if only four renewal notices are broadcast 
by an educational TV licensee, 3 must be broadcast between 6 p.m. and 11 
p.m. and the fourth between 9 a.m. and 1 p.m.).
    (4) For low power TV stations locally originating programming (as 
defined by Sec. 74.701(h)), at the same time as for commercial TV 
stations, or as close to that time as possible.
    (iii) TV broadcast stations (commercial and noncommercial 
educational), in presenting the pre- and post-filing announcements, must 
use visuals with the licensee's and the FCC's addresses when this 
information is being orally presented by the announcer.
    (iv) Stations which have not received a renewal grant since the 
filing of their previous renewal application, shall use the following 
first paragraph for the pre-filing and the post-filing announcements:

(Station's call letters) is licensed by the Federal Communications 
Commission to serve the public interest as a public trustee.

    (e) When the station in question is the only operating station in 
its broadcast service which is located in the community involved, or if 
it is a noncommercial educational station, publication of the notice in 
a newspaper, as provided in paragraph (c) of this section is not 
required, and publication by broadcast over that station as provided in 
paragraph (d) of this section shall be deemed sufficient to meet the 
notice requirements of this section. Noncommercial educational broadcast 
stations which do not broadcast during

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the portion of the year in which the period of broadcast of notice falls 
must comply with the provisions of paragraph (c) of this section.
    (f) The notice required by paragraphs (c) and (d) of this section 
shall contain, when applicable, the following information, except as 
otherwise provided in paragraphs (d) (1) and (2) and (e) of this section 
in regard to renewal applications:
    (1) The name of the applicant, if the applicant is an individual; 
the names of all partners, if the applicant is a partnership; or the 
names of all officers and directors and of those persons holding 10% or 
more of the capital stock or other ownership interest if the applicant 
is a corporation or an unincorporated association. (In the case of 
applications for assignment or transfer of control, information should 
be included for all parties to the application.)
    (2) The purpose for which the application was or will be filed (such 
as, construction permit, modification, assignment or transfer of 
control).
    (3) The date when the application or amendment was tendered for 
filing with the FCC.
    (4) The call letters, if any, of the station, and the frequency or 
channel on which the station is operating or proposes to operate.
    (5) In the case of an application for construction permit for a new 
station, the facilities sought, including type and class of station, 
power, location of studios, transmitter site and antenna height.
    (6) In the case of an application for modification of a construction 
permit or license, the exact nature of the modification sought.
    (7) In the case of an amendment to an application, the exact nature 
of the amendment.
    (8) In the case of applications for a permit pursuant to Section 
325(b) of the Communications Act (``* * * studios of foreign 
stations''), the call letters and location of the foreign radio 
broadcast station, the frequency or channel on which it operates, and a 
description of the programs to be transmitted over the station.
    (9) A statement that a copy of the application, amendment(s), and 
related material are on file for public inspection at a stated address 
in the community in which the station is located or is proposed to be 
located. See Secs. 73.3526 and 73.3527.
    (g) An applicant who files for authorization or major modifications, 
or a major amendment thereto, for a low power TV, TV translator, TV 
booster, FM translator, or FM booster station, must give notice of this 
filing in a daily, weekly or biweekly newspaper of general circulation 
in the community or area to be served. Likewise, an applicant for 
assignment, transfer or renewal, or a major amendment thereto, for a low 
power TV, TV translator or FM translator station, must give this same 
type of newspaper notice. The filing notice will be given immediately 
following the tendering for filing of the application or amendment, or 
immediately following notification to the applicant by the FCC that 
public notice is required pursuant to Secs. 73.3572, 73.3573, or 
73.3578.
    (1) Notice requirements for these applicants are as follows:
    (i) In a newspaper at least one time; or
    (ii) If there is no newspaper published or having circulation in the 
community or area to be served, the applicant shall determine an 
appropriate means of providing the required notice to the general 
public, such as posting in the local post office or other public place. 
The notice shall state:
    (A) The name of the applicant, the community or area to be served, 
and the transmitter site.
    (B) The purpose for which the application was filed.
    (C) The date when the application or amendment was filed with the 
FCC.
    (D) The output channel or channels on which the station is operating 
or proposes to operate and the power used or proposed to be used.
    (E) In the case of an application for changes in authorized 
facilities, the nature of the changes sought.
    (F) In the case of a major amendment to an application, the nature 
of the amendment.
    (G) A statement, if applicable, that the station engages in or 
intends to engage in rebroadcasting, and the call letters, location and 
channel of operation of each station whose signals it is

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rebroadcasting or intends to rebroadcast.
    (H) A statement that invites comment from individuals who wish to 
advise the FCC of facts relating to the renewal application and whether 
the station has operated in the public interest.
    (h) The applicant may certify in the appropriate application that it 
has or will comply with the public notice requirements contained in 
paragraphs (c), (d) or (g) of this section. However, an applicant for 
renewal of a license that is required to maintain a public inspection 
file, shall, within 7 days of the last day of broadcast of the required 
publication announcements, place in its public inspection file a 
statement certifying compliance with Sec. 73.3580 along with the dates 
and times that the pre-filing and post-filing notices were broadcast and 
the text thereof. This certification need not be filed with the 
Commission but shall be retained in the public inspection file for as 
long as the application to which it refers.
    (i) Paragraphs (a) through (h) of this section apply to major 
amendments to license renewal applications. See Sec. 73.3578(a).

[44 1997 FR 38504 , July 2, 1979, as amended at  44 FR 65765 , Nov. 15, 1979;  45 FR 6402 , Jan. 28, 1980;  46 FR 36852 , July 16, 1981;  47 FR 17066 , Apr. 
21, 1982;  49 FR 33664 , Aug. 24, 1984;  49 FR 47844 , Dec. 7, 1984;  50 FR 40015 , Oct. 1, 1985;  52 FR 21686 , June 9, 1987;  52 FR 31401 , Aug. 20, 
1987;  53 FR 26074 , July 11, 1988;  57 FR 14647 , Apr. 22, 1992;  58 FR 51251 , Oct. 1, 1993]