§ 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 § 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 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 § 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
   § § 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 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 § 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]

   return arrow Back to Top