§ 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.

   Radio announcement: 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 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.

   Television announcement: 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 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 at
   www.fcc.gov. 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) 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 on 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.

   Television announcement: 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 at
   www.fcc.gov. 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) or may be obtained from
   the FCC, Washington, DC 20554.

   Radio announcement: 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]

   Editorial Note: For Federal Register citations affecting § 73.3580, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and at www.fdsys.gov.

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