Goto Section: 73.3578 | 73.3584 | Table of Contents

FCC 73.3580
Revised as of February 25, 2021
Goto Year:2020 | 2022
  §  73.3580   Local public notice of filing of broadcast applications.

   (a) Definitions. The following definitions shall apply to this section:

   (1) Acceptance public notice. A Commission public notice announcing
   that an application has been accepted for filing.

   (2) Applicant-affiliated website. (i) Any of the following internet
   websites, to the extent they are maintained, in order of priority:

   (A) The applicant station's internet website;

   (B) The applicant's internet website; or

   (C) The applicant's parent entity's internet website.

   (ii) An applicant maintaining or having access to more than one of the
   internet websites in paragraphs (a)(2)(i)(A) through (C) of this
   section shall post a link or tab to a web page containing the online
   notice text on the website with the highest priority.

   (3) Locally originating programming. Programming from a low power
   television (LPTV) or television translator station as defined in
   § 74.701(h) of this chapter.

   (4) Major amendment. A major amendment to an application is that
   defined in § § 73.3571(b), 73.3572(c), 73.3573(b), and 73.3578, and
   74.787(b) of this chapter.

   (5) Publicly accessible website. An internet website:

   (i) That is accessible to members of the public without registration or
   payment requirements, or any other requirement that the user provide
   information, or response to a survey or questionnaire in exchange for
   being able to access information on the website; and

   (ii) That is locally targeted to the area served and/or to be served by
   the applicant station (e.g., local government internet website, local
   community bulletin board internet website, state broadcasters'
   association internet website). For international broadcast station
   applications filed pursuant to § 73.3574, the internet website must
   locally target the community in which the International broadcast
   station's transmission facilities are located or are proposed to be
   located (e.g., local government internet website, local community
   bulletin board internet website).

   (b) Types of public notice. Public notice is required of applicants for
   certain broadcast authorizations in the manner set forth in paragraphs
   (b)(1) and (2) of this section:

   (1) On-air announcement. An applicant shall broadcast on-air
   announcements of the filing of certain applications for authorization,
   if required as set forth in paragraph (c) of this section, over its
   station as follows:

   (i) Content. The on-air announcement shall be in the following form:

   On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION
   FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with
   the Federal Communications Commission for [TYPE OF APPLICATION].
   Members of the public wishing to view this application or obtain
   information about how to file comments and petitions on the application
   can visit publicfiles.fcc.gov, and search in [STATION CALL SIGN'S]
   public file.

   An applicant station without an online public inspection file shall
   instead broadcast the following on-air announcement:

   On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION
   FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with
   the Federal Communications Commission for [TYPE OF APPLICATION].
   Members of the public wishing to view this application or obtain
   information about how to file comments and petitions can visit
   www.fcc.gov/stationsearch, and search in the list of [STATION CALL
   SIGN'S] filed applications.

   Television broadcast stations, in presenting on-air announcements, must
   use visuals with the full text of the on-air announcement when this
   information is being orally presented by the announcer.

   (ii) Frequency of broadcast. The applicant shall broadcast the on-air
   announcements at least once per week (Monday through Friday) for four
   consecutive weeks, for a total of six (6) broadcasts, with no more than
   two broadcasts in a week. Broadcasts made in the same week shall not
   air on the same day.

   (iii) Commencement of broadcast. The applicant may air the first
   broadcast of the on-air announcement as early as the date of release of
   the acceptance public notice for the application, but not later than
   the fifth business day following release of the acceptance public
   notice for the application.

   (iv) Time of broadcast. The applicant shall broadcast all on-air
   announcements between the hours of 7:00 a.m. and 11:00 p.m. local time
   at the applicant station's community of license, Monday through Friday.

   (v) Language of broadcast. A station broadcasting primarily in a
   foreign language should broadcast the announcements in that language.

   (vi) Silent stations or stations not broadcasting. Any station required
   to broadcast on-air announcements that is not broadcasting during all
   or a portion of the period during which on-air announcements are
   required to be broadcast, including silent stations and noncommercial
   educational broadcast stations that are not scheduled to broadcast
   during the portion of the year during which on-air announcements are
   required to be broadcast, must comply with the provisions of paragraph
   (b)(2) of this section during the time period in which it is unable to
   broadcast required on-air announcements, and must broadcast required
   on-air announcements during the time period it is able to do so.

   (2) Online notice. An applicant shall conspicuously post on an internet
   website notice of the filing of certain applications for authorization,
   if required as set forth in paragraph (c) of this section, as follows:

   (i) Content. The online notice shall be in the following form:

   On [DATE], [APPLICANT NAME], [PERMITTEE/LICENSEE] of [STATION CALL
   SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR
   INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S
   TRANSMISSION FACILITIES ARE LOCATED], filed an application with the
   Federal Communications Commission for [TYPE OF APPLICATION]. Members of
   the public wishing to view this application or obtain information about
   how to file comments and petitions on the application can visit [INSERT
   HYPERLINK TO APPLICATION LINK IN APPLICANT'S ONLINE PUBLIC INSPECTION
   FILE (OPIF) OR, IF THE STATION HAS NO OPIF, TO APPLICATION LOCATION IN
   THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL
   BROADCAST STATION, TO APPLICATION LOCATION IN THE INTERNATIONAL
   BUREAU'S MYIBFS DATABASE].

   An applicant for a proposed but not authorized station shall post the
   following online notice:

   On [DATE], [APPLICANT NAME], applicant for [A NEW (STATION TYPE)
   STATION ON] [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR
   INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S
   TRANSMISSION FACILITIES ARE TO BE LOCATED], filed an application with
   the Federal Communications Commission for [TYPE OF APPLICATION].
   Members of the public wishing to view this application or obtain
   information about how to file comments and petitions on the application
   can visit [INSERT HYPERLINK TO APPLICATION LOCATION IN THE MEDIA
   BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL BROADCAST
   STATION, TO APPLICATION LOCATION IN THE INTERNATIONAL BUREAU'S MYIBFS
   DATABASE].

   An applicant for an authorization under section 325(c) of the
   Communications Act (Studio Delivering Programs to a Foreign Station)
   shall post the following online notice:

   On [DATE], [APPLICANT NAME] filed an application with the Federal
   Communications Commission for a permit to deliver programs to foreign
   station [FOREIGN STATION CALL SIGN], [FOREIGN STATION FREQUENCY],
   [FOREIGN STATION COMMUNITY OF LICENSE]. [DESCRIPTION OF THE PROGRAMS TO
   BE TRANSMITTED OVER THE STATION]. Members of the public wishing to view
   this application or obtain information about how to file comments and
   petitions on the application can visit [INSERT HYPERLINK TO APPLICATION
   LOCATION IN THE INTERNATIONAL BUREAU'S MYIBFS DATABASE].

   (ii) Site. The applicant shall post online notice by posting a
   conspicuous link or tab labeled “FCC Applications” on an
   applicant-affiliated website, as defined in paragraph (a)(2) of this
   section. The link or tab will link directly to a page containing only
   the online notice text referenced in paragraph (b)(2)(i) of this
   section. To the extent that there are no pending applications requiring
   online public notice, the link or tab should link to a page indicating
   that there are no pending applications subject to the posting
   requirement. This page must include the date when it was last updated.
   If the applicant does not maintain or have access to an
   applicant-affiliated website, the applicant may post the online notice
   on a publicly accessible website, as defined in paragraph (a)(5) of
   this section. An applicant for an authorization under section 325(c) of
   the Communications Act (Studio Delivering Programs to a Foreign
   Station) shall post online notice on a publicly accessible website that
   is locally targeted to the principal area to be served in the United
   States by the foreign broadcast station.

   (iii) Duration of posting. If the online notice is posted on an
   applicant-affiliated website or on a publicly accessible website for
   which the applicant is not required to compensate the website owner in
   exchange for posting the online notice, then the applicant must post
   the online notice for a minimum of 30 consecutive days. If the
   applicant does not maintain an applicant-affiliated website, and the
   applicant is required to compensate a website owner in exchange for
   posting on a publicly accessible website, the applicant must post the
   online notice for a period of not less than 24 consecutive hours, once
   per week (Monday through Friday), for four consecutive weeks.

   (iv) Commencement of posting. The applicant must post the online notice
   no earlier than the date of release of the acceptance public notice for
   the application, and not later than five business days following
   release of the acceptance public notice for the application.

   (c) Applications requiring local public notice. The following
   applications filed by licensees or permittees of the following types of
   stations must provide public notice in the manner set forth in
   paragraphs (c)(1) through (6) of this section:

   (1) Applications for a construction permit for a new station, a major
   amendment thereto, or a major modification to a construction permit for
   a new unbuilt station. (i) For a commercial or noncommercial
   educational full power television; commercial or noncommercial
   educational full-service AM or FM radio station; Class A television
   station; low power television (LPTV) or television translator station;
   low-power FM (LPFM) station; or commercial or noncommercial FM
   translator or FM booster station, the applicant shall give online
   notice.

   (ii) For an international broadcast station, the applicant shall give
   online notice on a publicly accessible website, locally targeted to the
   community in which the station's transmission facilities are to be
   located.

   (2) Applications for a major change to the facilities of an operating
   station, or major amendments thereto. (i) For a noncommercial
   educational full power television; noncommercial full-service AM or FM
   radio station; or for an LPFM station, the applicant shall broadcast
   on-air announcements.

   (ii) For a commercial full power television; commercial full-service AM
   or FM radio station; or a Class A television station, the applicant
   shall both broadcast on-air announcements and give online notice.

   (iii) For an LPTV or television translator station; or an FM translator
   or FM booster station, the applicant shall give online notice.

   (iv) For an international broadcast station, the applicant shall give
   online notice on a publicly accessible website, locally targeted to the
   community in which the station's transmission facilities are located.

   (3) Applications for renewal of license. (i) For a full power
   television; full-service AM or FM radio station; Class A television
   station; LPTV station locally originating programming; or LPFM station,
   the applicant shall broadcast on-air announcements.

   (ii) For an LPTV station that does not locally originate programming;
   or for a TV or FM translator station, the applicant shall give online
   notice.

   (iii) For an international broadcast station, the applicant shall give
   online notice on a publicly accessible website, locally targeted to the
   community in which the station's transmission facilities are located.

   (4) Applications for assignment or transfer of control of a
   construction permit or license, or major amendments thereto. (i) For a
   noncommercial educational full power television; noncommercial
   educational full-service AM or FM radio station; or an LPFM station,
   the applicant shall broadcast on-air announcements.

   (ii) For a commercial full power television; commercial full-service AM
   or FM radio station; Class A television station; or an LPTV station
   that locally originates programming, the applicant shall both broadcast
   on-air announcements and give online notice.

   (iii) For an LPTV station that does not locally originate programming,
   or a TV or FM translator station, the applicant shall give online
   notice.

   (iv) For an international broadcast station, the applicant shall give
   online notice on a publicly accessible website, locally targeted to the
   community in which the station's transmission facilities are located.

   (v) For any application for assignment or transfer of control of a
   construction permit or license, for a station that is not operating,
   the applicant shall give online notice.

   (5) Applications for a minor modification to change a station's
   community of license, or major amendments thereto. (i) For a
   noncommercial educational full-service AM or FM radio station, the
   applicant shall broadcast on-air announcements.

   (ii) For a commercial full-service AM or FM radio station, the
   applicant shall both broadcast on-air announcements and give online
   notice. In addition to the online notice set forth in paragraph (b)(2)
   of this section locally targeted to the applicant station's current
   community of license, the applicant shall also give online notice on a
   publicly accessible website locally targeted to the community that the
   applicant proposes to designate as its new community of license, for
   the same time periods and in the same manner as set forth in paragraph
   (b)(2) of this section.

   (6) Applications for a permit pursuant to section 325(c) of the
   Communications Act (studio delivering programming to a foreign
   station). The applicant shall give online notice.

   (d) Applications for which local public notice is not required. The
   following types of applications are not subject to the local public
   notice provisions of this section:

   (1) A minor change in the facilities of an authorized station, as
   indicated in § § 73.3571, 73.3572, 73.3573, and 73.3574, and 74.787(b) of
   this chapter, except a minor change to designate a different community
   of license for an AM or FM radio broadcast station, pursuant to the
   provisions of § § 73.3571(j) and 73.3573(g).

   (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, or any successor form
   released in the future, 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
   (Studio Delivering Programs to a Foreign Station) 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.

   (e) Certification of local public notice. (1) The applicant must
   certify in the appropriate application that it will comply with the
   public notice requirements set forth in paragraph (c) of this section.

   (2) An applicant for renewal of a license that is required to maintain
   an online public inspection file shall, within seven (7) days of the
   last day of broadcast of the required on-air announcements, place in
   its online public inspection file a statement certifying compliance
   with this section, along with the dates and times that the on-air
   announcements were broadcast. An applicant for renewal of a license
   that is required to maintain an online public inspection file, and that
   is not broadcasting during all or a portion of the period during which
   on-air announcements are required to be broadcast, as set forth in
   paragraph (b)(1)(v) of this section, shall, within seven (7) days of
   the last on-air announcement or last day of posting online notice,
   whichever occurs last, place in its online public inspection file a
   statement certifying compliance with this section, along with the dates
   and times that any on-air announcements were broadcast, along with the
   dates and times that online notice was posted and the Universal
   Resource Locator (URL) of the internet website on which online notice
   was posted. This certification need not be filed with the Commission
   but shall be retained in the online public inspection file for as long
   as the application to which it refers.

   (f) Time for acting on applications. Applications (as originally filed
   or amended) will be acted upon by the FCC no sooner than 30 days
   following release of the acceptance public notice, except as otherwise
   permitted in § 73.3542 or § 73.1635.

   [ 85 FR 36794 , June 18, 2020]

   


Goto Section: 73.3578 | 73.3584

Goto Year: 2020 | 2022
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