§  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 § § 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 § § 73.3571, 73.3572, 73.3573 and 73.3574.

   (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
   § 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 § 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 notice of this
   filing in a newspaper. Exceptions to this requirement are applications
   for renewal of AM, FM, TV, Class A TV and international broadcasting
   stations; low power TV stations; TV and FM translator stations; TV
   boosters stations; FM boosters 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 § § 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 give 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 § 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 originating programming as defined by § 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 § § 73.3571, 73.3572, 73.3573 or
   § 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 § 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 § 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 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 § 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 § 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.

   (5) An applicant who files for a Class A television 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.

   (i) The broadcast notice requirement for those filing for Class A
   television license applications and amendment thereto is as follows:

   (A) Pre-filing announcements. Two weeks prior to the filing of the
   license application, the following announcement shall be broadcast on
   the 5th and 10th days of the two week period. The required
   announcements shall be made between 6 p.m. and 11 p.m. (5 p.m. and 10
   p.m. Central and Mountain Time) Stations broadcasting primarily in a
   foreign language should broadcast the announcements in that language.

   On (date), the Federal Communications Commission granted (Station's
   call letters) a certification of eligibility to apply for Class A
   television status. To become eligible for a Class A certificate of
   eligibility, a low power television licensee was required to certify
   that during the 90-day period ending November 28, 1999, the station:
   (1) Broadcast a minimum of 18 hours per day; (2) broadcast an average
   of at least three hours per week of programming produced within the
   market area served by the station or by a group of commonly-owned low
   power television stations; and (3) had been in compliance with the
   Commission's regulations applicable to the low power television
   service. The Commission may also issue a certificate of eligibility to
   a licensee unable to satisfy the foregoing criteria, if it determines
   that the public interest, convenience and necessity would be served
   thereby.

   (Station's call letters) intends to file an application (FCC Form
   302–CA) for a Class A television license in the near future. When
   filed, a copy of this application will be available at (address of
   location of the station's public inspection file) for public inspection
   during our regular business hours. Individuals who wish to advise the
   FCC of facts relating to the station's eligibility for Class A status
   should file comments and petitions with the FCC prior to Commission
   action on this application.

   (B) Post-filing announcements. The following announcement shall be
   broadcast on the 1st and 10th days following the filing of an
   application for a Class A television license. The required
   announcements shall be made between 6 p.m. and 11 p.m. (5 p.m. and 10
   p.m. Central and Mountain Time). Stations broadcasting primarily in a
   foreign language should broadcast the announcements in that language.

   On (date of filing license application) (Station's call letters) filed
   an application, FCC Form 302–CA, for a Class A television license. Such
   stations are required to broadcast a minimum of 18 hours per day, and
   to average at least 3 hours of locally produced programming each week,
   and to comply with certain full-service television station operating
   requirements.

   A copy of this application is available for public inspection during
   our regular business hours at (address of location of the station's
   public inspection file). Individuals who wish to advise the FCC of
   facts relating to the station's eligibility for Class A status should
   file comments and petitions with the FCC prior to Commission action on
   this application.

   (ii) [Reserved]

   (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 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 § § 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 § § 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 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 § 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 § 73.3578(a).

   [ 44 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;  65 FR 30008 , May 10, 2000;  65 FR 34406 , May 30,
   2000]