§ 73.3613   Filing of contracts.

   Each licensee or permittee of a commercial or noncommercial AM, FM, TV
   or International broadcast station shall file with the FCC copies of
   the following contracts, instruments, and documents together with
   amendments, supplements, and cancellations (with the substance of oral
   contracts reported in writing), within 30 days of execution thereof:

   (a) Network service: Network affiliation contracts between stations and
   networks will be reduced to writing and filed as follows:

   (1) All network affiliation contracts, agreements, or understandings
   between a TV broadcast or low power TV station and a national network.
   For the purposes of this paragraph the term network means any person,
   entity, or corporation which offers an interconnected program service
   on a regular basis for 15 or more hours per week to at least 25
   affiliated television licensees in 10 or more states; and/or any
   person, entity, or corporation controlling, controlled by, or under
   common control with such person, entity, or corporation.

   (2) Each such filing on or after May 1, 1969, initially shall consist
   of a written instrument containing all of the terms and conditions of
   such contract, agreement or understanding without reference to any
   other paper or document by incorporation or otherwise. Subsequent
   filings may simply set forth renewal, amendment or change, as the case
   may be, of a particular contract previously filed in accordance
   herewith.

   (3) The FCC shall also be notified of the cancellation or termination
   of network affiliations, contracts for which are required to be filed
   by this section.

   (b) Ownership or control: Contracts, instruments or documents relating
   to the present or future ownership or control of the licensee or
   permittee or of the licensee's or permittee's stock, rights or
   interests therein, or relating to changes in such ownership or control
   shall include but are not limited to the following:

   (1) Articles of partnership, association, and incorporation, and
   changes in such instruments;

   (2) Bylaws, and any instruments effecting changes in such bylaws;

   (3) Any agreement, document or instrument providing for the assignment
   of a license or permit, or affecting, directly or indirectly, the
   ownership or voting rights of the licensee's or permittee's stock
   (common or preferred, voting or nonvoting), such as:

   (i) Agreements for transfer of stock;

   (ii) Instruments for the issuance of new stock; or

   (iii) Agreements for the acquisition of licensee's or permittee's stock
   by the issuing licensee or permittee corporation. Pledges, trust
   agreements, options to purchase stock and other executory agreements
   are required to be filed. However, trust agreements or abstracts
   thereof are not required to be filed, unless requested specifically by
   the FCC. Should the FCC request an abstract of the trust agreement in
   lieu of the trust agreement, the licensee or permittee will submit the
   following information concerning the trust:

   (A) Name of trust;

   (B) Duration of trust;

   (C) Number of shares of stock owned;

   (D) Name of beneficial owner of stock;

   (E) Name of record owner of stock;

   (F) Name of the party or parties who have the power to vote or control
   the vote of the shares; and

   (G) Any conditions on the powers of voting the stock or any unusual
   characteristics of the trust.

   (4) Proxies with respect to the licensee's or permittee's stock running
   for a period in excess of 1 year, and all proxies, whether or not
   running for a period of 1 year, given without full and detailed
   instructions binding the nominee to act in a specified manner. With
   respect to proxies given without full and detailed instructions, a
   statement showing the number of such proxies, by whom given and
   received, and the percentage of outstanding stock represented by each
   proxy shall be submitted by the licensee or permittee within 30 days
   after the stockholders' meeting in which the stock covered by such
   proxies has been voted. However, when the licensee or permittee is a
   corporation having more than 50 stockholders, such complete information
   need be filed only with respect to proxies given by stockholders who
   are officers or directors, or who have 1% or more of the corporation's
   voting stock. When the licensee or permittee is a corporation having
   more than 50 stockholders and the stockholders giving the proxies are
   not officers or directors or do not hold 1% or more of the
   corporation's stock, the only information required to be filed is the
   name of any person voting 1% or more of the stock by proxy, the number
   of shares voted by proxy by such person, and the total number of shares
   voted at the particular stockholders' meeting in which the shares were
   voted by proxy.

   (5) Mortgage or loan agreements containing provisions restricting the
   licensee's or permittee's freedom of operation, such as those affecting
   voting rights, specifying or limiting the amount of dividends payable,
   the purchase of new equipment, or the maintenance of current assets.

   (6) Any agreement reflecting a change in the officers, directors or
   stockholders of a corporation, other than the licensee or permittee,
   having an interest, direct or indirect, in the licensee or permittee as
   specified by § 73.3615.

   (7) Agreements providing for the assignment of a license or permit or
   agreements for the transfer of stock filed in accordance with FCC
   application Forms 314, 315, 316 need not be resubmitted pursuant to the
   terms of this rule provision.

   (c) Personnel: (1) Management consultant agreements with independent
   contractors; contracts relating to the utilization in a management
   capacity of any person other than an officer, director, or regular
   employee of the licensee or permittee; station management contracts
   with any persons, whether or not officers, directors, or regular
   employees, which provide for both a percentage of profits and a sharing
   in losses; or any similar agreements.

   (2) The following contracts, agreements, or understandings need not be
   filed: Agreements with persons regularly employed as general or station
   managers or salesmen; contracts with program managers or program
   personnel; contracts with attorneys, accountants or consulting radio
   engineers; contracts with performers; contracts with station
   representatives; contracts with labor unions; or any similar
   agreements.

   (d)(1) Time brokerage agreements (also known as local marketing
   agreements): Time brokerage agreements involving radio stations where
   the licensee (including all parties under common ownership) is the
   brokering entity, the brokering and brokered stations are both in the
   same market as defined in the local radio multiple ownership rule
   contained in § 73.3555(a), and more than 15 percent of the time of the
   brokered station, on a weekly basis is brokered by that licensee; time
   brokerage agreements involving television stations where the licensee
   (including all parties under common control) is the brokering entity,
   the brokering and brokered stations are both licensed to the same
   market as defined in the local television multiple ownership rule
   contained in § 73.3555(b), and more than 15 percent of the time of the
   brokered station, on a weekly basis, is brokered by that licensee; time
   brokerage agreements involving radio or television stations that would
   be attributable to the licensee under § 73.3555 Note 2, paragraph (i).
   Confidential or proprietary information may be redacted where
   appropriate but such information shall be made available for inspection
   upon request by the FCC.

   (2) Joint sales agreements: Joint sales agreements involving radio
   stations where the licensee (including all parties under common
   control) is the brokering entity, the brokering and brokered stations
   are both in the same market as defined in the local radio multiple
   ownership rule contained in § 73.3555(a), and more than 15 percent of
   the advertising time of the brokered station on a weekly basis is
   brokered by that licensee. Confidential or proprietary information may
   be redacted where appropriate but such information shall be made
   available for inspection upon request by the FCC.

   (e) The following contracts, agreements or understandings need not be
   filed but shall be kept at the station and made available for
   inspection upon request by the FCC; subchannel leasing agreements for
   Subsidiary Communications Authorization operation; franchise/leasing
   agreements for operation of telecommunications services on the
   television vertical blanking interval and in the visual signal; time
   sales contracts with the same sponsor for 4 or more hours per day,
   except where the length of the events (such as athletic contests,
   musical programs and special events) broadcast pursuant to the contract
   is not under control of the station; and contracts with chief
   operators.

   [ 44 FR 38512 , July 2, 1979, as amended at  47 FR 21496 , May 18, 1982;  50 FR 4664 , Feb. 1, 1985;  50 FR 30951 , July 31, 1985;  51 FR 9966 , Mar. 24,
   1986;  51 FR 15785 , Apr. 28, 1986;  57 FR 18093 , Apr. 29, 1992;  57 FR 42706 , Sept. 16, 1992;  61 FR 36305 , July 10, 1996;  63 FR 70050 , Dec.
   18, 1998;  64 FR 50646 , Sept. 17, 1999;  66 FR 9972 , Feb. 13, 2001;  68 FR 46358 , Aug. 5, 2003;  79 FR 29006 , May 20, 2014;  83 FR 757 , Jan. 8,
   2018]

   return arrow Back to Top