Sec.  73.3527   Local public inspection file of noncommercial educational stations.

   (a) Responsibility to maintain a file. The following shall maintain for
   public inspection a file containing the material set forth in this section.

   (1) Applicants for a construction permit for a new station in the
   noncommercial educational broadcast services shall maintain a public
   inspection file containing the material, relating to that station, described
   in paragraph (e)(2) and (e)(11) of this section. A separate file shall be
   maintained for each station for which an application is pending. If the
   application is granted, paragraph (a)(2) of this section shall apply.

   (2) Every permittee or licensee of an AM, FM, or TV station in the
   noncommercial educational broadcast services shall maintain a public
   inspection file containing the material, relating to that station, described
   in paragraphs (e)(1) through (e)(11) of this section. In addition, every
   permittee or licensee of a noncommercial educational TV station shall
   maintain for public inspection a file containing material, relating to that
   station, described in paragraphs (e)(12) of this section. A separate file
   shall be maintained for each station for which an authorization is
   outstanding, and the file shall be maintained so long as an authorization to
   operate the station is outstanding.

   (b) Location of the file. The public inspection file shall be maintained at
   the main studio of the station. An applicant for a new station or change of
   community shall maintain its file at an accessible place in the proposed
   community of license or at its proposed main studio.

   (c) Access to material in the file. (1) The file shall be available for
   public inspection at any time during regular business hours. All or part of
   the file may be maintained in a computer database, as long as a computer
   terminal is made available, at the location of the file, to members of the
   public who wish to review the file. Material in the public inspection file
   shall be made available for printing or machine reproduction upon request
   made in person. The applicant, permittee, or licensee may specify the
   location for printing or reproduction, require the requesting party to pay
   the reasonable cost thereof, and may require guarantee of payment in advance
   (e.g., by requiring a deposit, obtaining credit card information, or any
   other reasonable method). Requests for copies shall be fulfilled within a
   reasonable period of time, which generally should not exceed 7 days.

   (2) The applicant, permittee, or licensee who maintains its main studio and
   public file outside its community of license shall:

   (i) Make available to persons within its geographic service area, by mail
   upon telephone request, photocopies of documents in the file (see
    Sec. 73.3527(c)(1)), excluding the political file (see  Sec. 73.3527(e)(5)), and the
   station shall pay postage;

   (ii) Mail the most recent version of “The Public and Broadcasting” to any
   member of the public that requests a copy; and

   (iii) Be prepared to assist members of the public in identifying the
   documents they may ask to be sent to them by mail, for example, by
   describing to the caller, if asked, the period covered by a particular
   report and the number of pages included in the report.

   Note to paragraph (c)(2): For purposes of this section, geographic service
   area includes the area within the protected service contour in a particular
   service: Grade B contour for TV, 1 mVm contour for all FM station classes
   except .7 mV/m for Class B1 stations and .5 mV/m for Class B stations, and
   .5 mV/m contour for AM stations.

   (d) Responsibility in case of assignment or transfer. (1) In cases involving
   applications for consent to assignment of broadcast station construction
   permits or licenses, with respect to which public notice is required to be
   given under the provisions of  Sec. 73.3580 or  Sec. 73.3594, the file mentioned in
   paragraph (a) of this section shall be maintained by the assignor. If the
   assignment is consented to by the FCC and consummated, the assignee shall
   maintain the file commencing with the date on which notice of the
   consummation of the assignment is filed with the FCC. The assignee shall
   retain public file documents obtained from the assignor for the period
   required under these rules.

   (2) In cases involving applications for consent to transfer of control of a
   permittee or licensee of a broadcast station, the file mentioned in
   paragraph (a) of this section shall be maintained by the permittee or
   licensee.

   (e) Contents of the file. The material to be retained in the public
   inspection file is as follows:

   (1) Authorization. A copy of the current FCC authorization to construct or
   operate the station, as well as any other documents necessary to reflect any
   modifications thereto or any conditions that the FCC has placed on the
   authorization. These materials shall be retained until replaced by a new
   authorization, at which time a copy of the new authorization and any related
   materials shall be placed in the file.

   (2) Applications and related materials. A copy of any application tendered
   for filing with the FCC, together with all related material, including
   supporting documentation of any points claimed in the application pursuant
   to  Sec. 73.7003, and copies of FCC decisions pertaining thereto. If petitions to
   deny are filed against the application and have been served on the
   applicant, a statement that such a petition has been filed shall be
   maintained in the file together with the name and address of the party
   filing the petition. Applications shall be retained in the public inspection
   file until final action has been taken on the application, except that
   applications for a new construction permit granted pursuant to a waiver
   showing and applications for assignment or transfer of license granted
   pursuant to a waiver showing shall be retained for as long as the waiver is
   in effect. In addition, license renewal applications granted on a short-term
   basis shall be retained until final action has been taken on the license
   renewal application filed immediately following the shortened license term.

   (3) Contour maps. A copy of any service contour maps, submitted with any
   application tendered for filing with the FCC, together with any other
   information in the application showing service contours and/or main studio
   and transmitter location (State, county, city, street address, or other
   identifying information). These documents shall be retained for as long as
   they reflect current, accurate information regarding the station.

   (4) Ownership reports and related materials. A copy of the most recent,
   complete ownership report filed with the FCC for the station, together with
   any subsequent statement filed with the FCC certifying that the current
   report is accurate, and together with all related material. These materials
   shall be retained until a new, complete ownership report is filed with the
   FCC, at which time a copy of the new report and any related materials shall
   be placed in the file. The permittee or licensee must retain in the public
   file either a copy of the contracts listed in such reports in accordance
   with  Sec. 73.3615(d)(3), or an up-to-date list of such contracts. Licensees and
   permittees who choose to maintain a list of contracts must provide a copy of
   any contracts to requesting parties within 7 days.

   (5) Political file. Such records as are required by  Sec. 73.1943 to be kept
   concerning broadcasts by candidates for public office. These records shall
   be retained for the period specified in  Sec. 73.1943 (2 years).

   (6) Equal Employment Opportunity file. Such information as is required by
    Sec. 73.2080 to be kept in the public inspection file. These materials shall be
   retained until final action has been taken on the station's next license
   renewal application.

   (7) The Public and Broadcasting. At all times, a copy of the most recent
   version of the manual entitled “The Public and Broadcasting.”

   (8) Issues/programs lists. For nonexempt noncommercial educational broadcast
   stations, every three months a list of programs that have provided the
   station's most significant treatment of community issues during the
   preceding three month period. The list for each calendar quarter is to be
   filed by the tenth day of the succeeding calendar quarter (e.g., January 10
   for the quarter October-December, April 10 for the quarter January-March,
   etc.). The list shall include a brief narrative describing what issues were
   given significant treatment and the programming that provided this
   treatment. The description of the programs shall include, but shall not be
   limited to, the time, date, duration, and title of each program in which the
   issue was treated. The lists described in this paragraph shall be retained
   in the public inspection file until final action has been taken on the
   station's next license renewal application.

   (9) Donor lists. The lists of donors supporting specific programs. These
   lists shall be retained for two years from the date of the broadcast of the
   specific program supported.

   (10) Local public notice announcements. Each applicant for renewal of
   license shall, within 7 days of the last day of broadcast of the local
   public notice of filing announcements required pursuant to  Sec. 73.3580(h),
   place in the station's local public inspection file a statement certifying
   compliance with this requirement. The dates and times that the pre-filing
   and post-filing notices were broadcast and the text thereof shall be made
   part of the certifying statement. The certifying statement shall be retained
   in the public file for the period specified in  Sec. 73.3580 (for as long as the
   application to which it refers).

   (11) Material relating to FCC investigation or complaint. Material having a
   substantial bearing on a matter which is the subject of an FCC investigation
   or complaint to the FCC of which the applicant, permittee, or licensee has
   been advised. This material shall be retained until the applicant,
   permittee, or licensee is notified in writing that the material may be
   discarded.

   (12) Must-carry requests. Noncommercial television stations requesting
   mandatory carriage on any cable system pursuant to  Sec.  Sec. 76.56, 76.1614,
   76.1620, and 76.1709 of this chapter shall place a copy of such request in
   its public file and shall retain both the request and relevant
   correspondence for the duration of any period to which the request applies.

   Note 1 to paragraph (e): For purposes of this section, a decision made with
   respect to an application tendered with the FCC becomes final when that
   decision is no longer subject to reconsideration, review, or appeal either
   at the FCC or in the courts.

   Note 2 to paragraph (e): For purposes of this section, the term “all related
   material” includes all exhibits, letters, and other documents tendered for
   filing with the FCC as part of an application, report, or other document,
   all amendments to the application, report, or other document, copies of all
   documents incorporated therein by reference and not already maintained in
   the public inspection file, and all correspondence between the FCC and the
   applicant pertaining to the application, report, or other document, which
   according to the provisions of  Sec.  Sec. 0.451 through 0.461 of the rules are open
   for public inspection at the offices of the FCC.

   [ 63 FR 49499 , Sept. 16, 1998, as amended at  64 FR 35947 , July 2, 1999;  65 FR 7457 , Feb. 15, 2000;  65 FR 36378 , June 8, 2000;  65 FR 53614 , Sept. 5, 2000]