Sec. 73.3594  Local public notice of designation for hearing.

    (a) Except as otherwise provided in paragraph (c) of this section 
when an application subject to the provisions of Sec. 73.3580 (except 
for applications for International broadcast, low power TV, TV 
translator, FM translator, and FM booster stations) is designated for 
hearing, the applicant shall give notice of such designation as follows: 
Notice shall be given at least twice a week, for 2 consecutive weeks 
within the 3-week period immediately following release of the FCC's 
order, specifying the time and place of the commencement of the hearing, 
in a daily newspaper of general circulation published in the community 
in which the station is located or proposed to be located.
    (1) However, if there is no such daily newspaper published in the 
community, the notice shall be given as follows:
    (i) If one or more weekly newspapers of general circulation are 
published in the community in which the station is located or proposed 
to be located, notice shall be given in such a weekly newspaper once a 
week for 3 consecutive weeks within the 4-week period immediately 
following the release of the FCC's order, specifying the time and place 
of the commencement of the hearing;
    (ii) If no weekly newspaper of general circulation is published in 
the community in which the station is located or proposed to be located, 
notice shall be given at least twice a week for 2 consecutive weeks 
within the 3-week period immediately following the release of the FCC's 
orders, specifying the time and place of the commencement of the hearing 
in the daily newspaper having the greatest general circulation in the 
community in which the station is located or proposed to be located.
    (2) In the case of an application for a permit pursuant to Section 
325(c) of the Communications Act, the notice shall be given at least 
twice a week for 2 consecutive weeks within the 3-week period 
immediately following release of the FCC's order, specifying the time 
and place of the commencement of the hearing in a daily newspaper of 
general circulation in the largest city in the

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principal area to be served in the United States by the foreign radio 
broadcast station.
    (3) In the case of an application for change in the location of a 
station, the notice shall be given both in the community in which the 
station is located and in the community in which the station is proposed 
to be located.
    (b) When an application which is subject to the provisions of 
Sec. 73.3580 and which seeks modification, assignment, transfer, or 
renewal of an operating broadcast station is designated for hearing 
(except for applications for an International broadcast, low power TV, 
TV translator, FM translator, or FM booster stations), the applicant 
shall, in addition to giving notice of such designation as provided in 
paragraph (a) of this section, cause the same notice to be broadcast 
over that station at least once daily for 4 days in the second week 
immediately following the release of the FCC's order, specifying the 
time and place of the commencement of the hearing. In the case of both 
commercial and noncommercial TV broadcast stations such notice shall be 
broadcast orally with the camera focused on the announcer. The notice 
required by this paragraph shall be broadcast during the following 
periods:
    (1) For commercial TV stations, between 7:00 p.m. and 10:00 p.m.
    (2) For commercial AM and FM stations, between 7:00 a.m. and 10:00 
a.m., but if such stations do not operate during those hours, then 
between 6:00 p.m. and 9:00 p.m.
    (3) For noncommercial educational TV stations, between 7:00 p.m. and 
10:00 p.m., but if the period of broadcast of notice falls within a 
portion of the year during which such stations do not broadcast, then 
such stations need not comply with the provisions of this paragraph.
    (4) For noncommercial educational AM and FM stations, between 3:00 
p.m. and 10:00 p.m., but if the period of broadcast of notice falls 
within a portion of the year during which such stations do not 
broadcast, then such stations need not comply with the provisions of 
this paragraph.
    (c) If 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 noncommerical educational station, publication of the notice in a 
newspaper, as provided in paragraph (a) of this section, is not 
required, and publication by broadcast over that station as provided in 
paragraph (b) of this section shall be deemed sufficient to meet the 
requirements of paragraphs (a) and (b) of this section. However, 
noncommercial educational stations which do not broadcast during the 
portion of the year in which the period of broadcast of notice falls 
must comply with the provisions of paragraph (a) of this section.
    (d) The notice required by paragraphs (a) and (b) of this section 
shall state:
    (1) The name of the applicant or applicants designated for hearing.
    (2) The call letters, if any, of the stations or stations involved, 
and the frequencies or channels on which the station or stations are 
operating or proposed to operate.
    (3) The time and place of the hearing.
    (4) The issues in the hearing as listed in the FCC's order or 
summary of designation for hearing.
    (5) 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.
    (e) When an application for renewal of license is designated for 
hearing, the notice shall contain the following additional statements:
    (1) Immediately preceding the listing of the issues in the hearing:

    The application of this station for a renewal of its license to 
operate this station in the public interest was tendered for filing with 
the Federal Communications Commission on (date). After considering this 
application, the FCC has determined that it is necessary to hold a 
hearing to decide the following questions:

    (2) Immediately following the listing of the issues in the hearing:

    The hearing will be held at (place of hearing) commencing at (time), 
on (date). Members of the public who desire to give evidence concerning 
the foregoing issues should write to the Federal Communications 
Commission, Washington, DC 20554, not later than (date). Letters should 
set forth in detail the specific facts concerning which the writer 
wishes to

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give evidence. If the FCC believes that the evidence is legally 
competent, material, and relevant to the issues, it will contact the 
person in question.
    (Here the applicant shall insert, as the date on or before which 
members of the public who desire to give evidence should write to the 
FCC, the date 30 days after the date of release of the FCC's order 
specifying the time and place of the commencement of the hearing.)

    (f) When an application for a low power TV, TV translator, FM 
translator, or FM booster station which is subject to the provisions of 
Sec. 73.3580 is designated for hearing, the applicant shall give notice 
of such designation as follows: Notice shall be given at least once 
during the 2-week period immediately following release of the FCC's 
order, specifying the time and place of the commencement of the hearing 
in a daily, weekly or biweekly publication having general circulation in 
the community or area to be served. However, if there is no publication 
of general 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:
    (1) The name of the applicant or applicants designated for hearing.
    (2) The call letters, if any, of the station or stations involved, 
the output channel or channels of such stations, and, for any 
rebroadcasting, the call letters, channel and location of the station or 
stations being or proposed to be rebroadcast.
    (3) The time and place of the hearing.
    (4) The issues in the hearing as listed in the FCC's order or 
summary of designation for hearing.
    (5) If the application is for renewal of license, the notice shall 
contain, in addition to the information required by paragraphs (f) (1) 
through (4) of this section, the statements required by paragraph (e) of 
this section.
    (g) Within 7 days of the last day of publication or broadcast of the 
notice required by paragraphs (a) and (b) of this section, the applicant 
shall file a statement in triplicate with the FCC setting forth the 
dates on which the notice was published, the newspaper in which the 
notice was published, the text of the notice, and/or, where applicable, 
the date and time the notice was broadcast and the text thereof. When 
public notice is given by other means, as provided in pararaph (f) of 
this section, the applicant shall file, within 7 days of the giving of 
such notice, the text of the notice, the means by which it was 
accomplished, and the date thereof.
    (h) The failure to comply with the provisions of this section is 
cause for dismissal of an application with prejudice. However, upon a 
finding that applicant has complied (or proposes to comply) with the 
provisions of Section 311(a)(2) of the Communications Act, and that the 
public interest, convenience and necessity will be served thereby, the 
presiding officer may authorize an applicant, upon a showing of special 
circumstances, to publish notice in a manner other than that prescribed 
by this section; may accept publication of notice which does not conform 
strictly in all respects with the provisions of this section; or may 
extend the time for publishing notice.

[ 44 FR 38508 , July 2, 1979, as amended at  47 FR 21495 , May 18, 1982;  48 FR 9012 , Mar. 3, 1983;  49 FR 38132 , Sept. 27, 1984;  51 FR 19347 , May 29, 
1986;  52 FR 21686 , June 9, 1987;  58 FR 51251 , Oct. 1, 1993]