Goto Section: 73.3593 | 73.3597 | Table of Contents
FCC 73.3594
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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]
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Goto Section: 73.3593 | 73.3597
Goto Year: 2014 |
2016
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