FCC Web Documents citing 73.1940

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1329A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1329A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1329A1.txt
  • to Deny Defective Applications of White River Broadcasting Corporation and Request to Rescind License Grants of White River and Designate for Hearing'' IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Christopher D. Imlay, Esq. White River Broadcasting Corporation, Inc. Public Notice, Broadcast Actions, Report No. 45787 (July 29, 2004). 47 C.F.R. § 73.3526. 47 C.F.R. §§ 73.1940-1944. Petitioner also alleges, ``Licensee has failed to note the issues which were raised in it's [sic] renewal applications.'' We are unable to determine the meaning of this allegation. See 47 C.F.R. §§ 73.3584(a) and 73.3516(e). See 47 C.F.R. § 1.106. 47 U.S.C. § 405. See also 47 C.F.R. § 1.106(f). The 30th day after the date of Public Notice fell
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2746A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2746A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2746A1.txt
  • met this standard and, accordingly, we grant the Application. The Informal Objection fails to present sufficient information concerning the alleged political broadcasting issues to enable us to determine whether a violation took place. For example, it does not contain any indication that the subject ``advertisement'' was for or on behalf of a legally qualified candidate for public office under Section 73.1940 of the Rules. Nor is there any indication that anything of value was received by KNEL(AM) for the advertisement. Accordingly, the advertisement does not appear to implicate our sponsorship identification requirements. Thus, the Informal Objection fails to provide a basis for further action concerning the alleged advertisement. With regard to the news bias and misrepresentation aspects of the Informal Objection,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4343A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4343A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4343A1.txt
  • e.g., Petition at Appendix B. See 47 U.S.C. § 315(e)(1)(B). See Petition at 5. Petitioners state that on that date they inspected the public files of all Clear Channel stations in the Syracuse market. They indicate that ``files for other stations contained folders for candidates in local elections, but not the Syracuse Mayoral Race.'' Id. at 4-5. 47 C.F.R. § 73.1940(c). See Petition at Appendix D (Declarations of Orville T. Bakeman and Giancarlo Moneti). Messrs. Bakeman and Moneti indicate that portions of the file were ``out of chronological order, including a Political Advertising sub-file for Matthew J. Driscoll, one of the other candidates.'' Id. See Opposition at 5. Area Christian Television, Inc., Memorandum Opinion and Order, 60 RR 2d 862 (1986).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-145A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-145A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-145A1.txt
  • to conclude that Terry did not make a substantial showing that he is a legally qualified candidate entitled to reasonable access to broadcast stations in Illinois. Second, even if Terry were a legally qualified candidate, we do not find WMAQ's refusal to sell time to him specifically during the Super Bowl broadcast to be unreasonable. Substantial Showing of Candidacy. Section 73.1940 of the Commission's rules defines a ``legally qualified candidate'' for nomination for the office of President as, inter alia, any person: who has publicly announced his or her intention to run for nomination; is qualified under the applicable local, State, or Federal law to hold the office for which he or she is a candidate; and has either qualified for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-198A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-198A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-198A1.txt
  • Digital Class A ancillary and supplementary services may not derogate free over-the-air video service and are subject to the fees applicable to DTV broadcasters under Section 73.624(g) of our rules. See 47 C.F.R. § 74.624(c). See 47 C.F.R. § 74.780, ``Broadcast regulations applicable to translators, low power, and booster stations.'' For example, this rule references, among others, Sections 73.1212 and 73.1940, which pertain to sponsorship identification and broadcasts by candidates for political office, respectively. See also the closed captioning requirements in Section 79.1 and Second Periodic Review of the Commission's Rules and Policies Affecting Conversion to Digital Television, Public Interest Obligations of TV Broadcast Licensees, 18 FCC Rcd 1279 (2003). Section 143 of the Consolidated Appropriations Act, the LPTV Pilot Project
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-44A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-44A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-44A1.txt
  • offer a sufficient number of channels to consumers so that four percent of the total applicable programming channels yields a set aside of one channel of non commercial programming pursuant to paragraph (e) of this section. (b) Political broadcasting requirements -- (1) Legally qualified candidates for public office for purposes of this section are as defined in 47 CFR § 73.1940. (2) DBS origination programming is defined as programming (exclusive of broadcast signals) carried on a DBS facility over one or more channels and subject to the exclusive control of the DBS provider. (3) Reasonable access. (i) DBS providers must comply with Section 312(a)(7) of the Communications Act of 1934, as amended, by allowing reasonable access to, or permitting purchase of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-99A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-99A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-99A4.txt
  • 315(a) of the Act, as amended, provides that ``if any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station.'' 47 U.S.C. § 315(a); see 47 C.F.R. § 73.1941. Section 73.1940 of the Commission's rules defines ``legally qualified candidate'' as any person who has publicly announced his or her intention to run for nomination or office, is qualified under the applicable local, state, or federal law to hold office for which he or she is a candidate, and has qualified for ballot placement or has otherwise met all the qualifications set
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.txt
  • of program-related and operating obligations in digital broadcasting because the scope of those responsibilities has not been defined. In the DAB FNPRM, we sought comment on how to apply such obligations to DAB. We also tentatively concluded that the conversion to DAB will not require changes to the following requirements: (1) Sections 312(a)(7) and 315 of the Act and Sections 73.1940-44 of the Commission's rules-political broadcasting; (2) Section 507 of the Act and Section 73.4180 of the Commission's rules-payment disclosure; (3) Section 508 of the Act-prohibited contest practices; (4) Section 317 of the Act and Section 73.1212 of the Commission's rules-sponsorship identification; (5) Section 1335 of Title 15 and Section 73.4055 of the Commission's rules-cigarette advertising; and (6) Section 73.1208 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.txt
  • the rules and in order to insure the orderly and expeditious disposition of requests submitted to such licensees and to the Commission for `equal opportunities' under said section of the Act and under said rules.''); Codification of the Commission's Political Programming Policies, Report and Order, 7 FCC Rcd 678, 698 ¶¶ 123-24 (stating that ``[w]e believe that our current rule 73.1940(d) adequately addresses the political file requirements and that continuation of our existing policies will best serve the interests of both candidates and broadcasters'' and that information regarding the disposition of requests ``is necessary to determine whether a station is affording equal opportunities and whether the candidate is getting favorable or unfavorable treatment in the placement of spots. . . .'').
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A3.txt
  • the rules and in order to insure the orderly and expeditious disposition of requests submitted to such licensees and to the Commission for `equal opportunities' under said section of the Act and under said rules.''); Codification of the Commission's Political Programming Policies, Report and Order, 7 FCC Rcd 678, 698 ¶¶ 123-24 (stating that ``[w]e believe that our current rule 73.1940(d) adequately addresses the political file requirements and that continuation of our existing policies will best serve the interests of both candidates and broadcasters'' and that information regarding the disposition of requests ``is necessary to determine whether a station is affording equal opportunities and whether the candidate is getting favorable or unfavorable treatment in the placement of spots. . . .'').
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf
  • of the Communications Act, as amended, provides that ``if any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station.'' 47 U.S.C. § 315(a); see 47 C.F.R. § 73.1941. Section 73.1940 of the Commission's rules defines ``legally qualified candidate'' as any person who has publicly announced his or her intention to run for nomination or office, is qualified under the applicable local, state, or federal law to hold office for which he or she is a candidate, and has qualified for ballot placement or has otherwise met all the qualifications set
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • operation pre-sunrise and post-sunset. [559]TEXT [560]PDF 73.1740 Minimum operating schedule. [561]TEXT [562]PDF 73.1745 Unauthorized operation. [563]TEXT [564]PDF 73.1750 Discontinuance of operation. [565]TEXT [566]PDF 73.1800 General requirements related to the station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office. [579]TEXT [580]PDF 73.1941 Equal opportunities. [581]TEXT [582]PDF 73.1942 Candidate rates. [583]TEXT [584]PDF 73.1943 Political file. [585]TEXT [586]PDF 73.1944 Reasonable access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications required. [594]TEXT [595]PDF 73.3512 Where to file; number of copies.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • 73.1540-Carrier frequency measurements. Section 73.1545-Carrier frequency departure tolerances. Section 73.1570-Modulation levels: AM, FM, and TV aural. Section 73.1580-Transmission system inspections. Section 73.1610-Equipment tests. Section 73.1620-Program tests. Section 73.1650-International agreements. Section 73.1660-Acceptability of broadcast transmitters. Section 73.1665-Main transmitters. Section 73.1692-Broadcast station construction near or installation on an AM broadcast tower. Section 73.1745-Unauthorized operation. Section 73.1750-Discontinuance of operation. Section 73.1920-Personal attacks. Section 73.1940-Legally qualified candidates for public office. Section 73.1941-Equal opportunities. Section 73.1943-Political file. Section 73.1944-Reasonable access. Section 73.3511-Applications required. Section 73.3512-Where to file; number of copies. Section 73.3513-Signing of applications. Section 73.3514-Content of applications. Section 73.3516-Specification of facilities. Section 73.3517-Contingent applications. Section 73.3518-Inconsistent or conflicting applications. Section 73.3519-Repetitious applications. Section 73.3520-Multiple applications. Section 73.3525-Agreements for removing application conflicts. Section 73.3539-Application for renewal
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
  • of the Communications Act, as amended, provides that ``if any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station.'' 47 U.S.C. § 315(a); see 47 C.F.R. § 73.1941. Section 73.1940 of the Commission's rules defines ``legally qualified candidate'' as any person who has publicly announced his or her intention to run for nomination or office, is qualified under the applicable local, state, or federal law to hold office for which he or she is a candidate, and has qualified for ballot placement or has otherwise met all the qualifications set
• http://www.fcc.gov/fcc-bin/audio/DA-07-1329A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1329A1.pdf
  • to Deny Defective Applications of White River Broadcasting Corporation and Request to Rescind License Grants of White River and Designate for Hearing'' IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Christopher D. Imlay, Esq. White River Broadcasting Corporation, Inc. Public Notice, Broadcast Actions, Report No. 45787 (July 29, 2004). 47 C.F.R. § 73.3526. 47 C.F.R. §§ 73.1940-1944. Petitioner also alleges, ``Licensee has failed to note the issues which were raised in it's [sic] renewal applications.'' We are unable to determine the meaning of this allegation. See 47 C.F.R. §§ 73.3584(a) and 73.3516(e). See 47 C.F.R. § 1.106. 47 U.S.C. § 405. See also 47 C.F.R. § 1.106(f). The 30th day after the date of Public Notice fell
• http://www.fcc.gov/fcc-bin/audio/DA-07-2746A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2746A1.pdf
  • met this standard and, accordingly, we grant the Application. The Informal Objection fails to present sufficient information concerning the alleged political broadcasting issues to enable us to determine whether a violation took place. For example, it does not contain any indication that the subject ``advertisement'' was for or on behalf of a legally qualified candidate for public office under Section 73.1940 of the Rules. Nor is there any indication that anything of value was received by KNEL(AM) for the advertisement. Accordingly, the advertisement does not appear to implicate our sponsorship identification requirements. Thus, the Informal Objection fails to provide a basis for further action concerning the alleged advertisement. With regard to the news bias and misrepresentation aspects of the Informal Objection,
• http://www.fcc.gov/fcc-bin/audio/DA-07-4343A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4343A1.pdf
  • e.g., Petition at Appendix B. See 47 U.S.C. § 315(e)(1)(B). See Petition at 5. Petitioners state that on that date they inspected the public files of all Clear Channel stations in the Syracuse market. They indicate that ``files for other stations contained folders for candidates in local elections, but not the Syracuse Mayoral Race.'' Id. at 4-5. 47 C.F.R. § 73.1940(c). See Petition at Appendix D (Declarations of Orville T. Bakeman and Giancarlo Moneti). Messrs. Bakeman and Moneti indicate that portions of the file were ``out of chronological order, including a Political Advertising sub-file for Matthew J. Driscoll, one of the other candidates.'' Id. See Opposition at 5. Area Christian Television, Inc., Memorandum Opinion and Order, 60 RR 2d 862 (1986).
• http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.pdf
  • 315(a) of the Act, as amended, provides that ``if any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station.'' 47 U.S.C. § 315(a); see 47 C.F.R. § 73.1941. Section 73.1940 of the Commission's rules defines ``legally qualified candidate'' as any person who has publicly announced his or her intention to run for nomination or office, is qualified under the applicable local, state, or federal law to hold office for which he or she is a candidate, and has qualified for ballot placement or has otherwise met all the qualifications set
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • operation pre-sunrise and post-sunset. [559]TEXT [560]PDF 73.1740 Minimum operating schedule. [561]TEXT [562]PDF 73.1745 Unauthorized operation. [563]TEXT [564]PDF 73.1750 Discontinuance of operation. [565]TEXT [566]PDF 73.1800 General requirements related to the station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office. [579]TEXT [580]PDF 73.1941 Equal opportunities. [581]TEXT [582]PDF 73.1942 Candidate rates. [583]TEXT [584]PDF 73.1943 Political file. [585]TEXT [586]PDF 73.1944 Reasonable access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications required. [594]TEXT [595]PDF 73.3512 Where to file; number of copies.
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • operation pre-sunrise and post-sunset. [512]TEXT [513]PDF 73.1740 Minimum operating schedule. [514]TEXT [515]PDF 73.1745 Unauthorized operation. [516]TEXT [517]PDF 73.1750 Discontinuance of operation. [518]TEXT [519]PDF 73.1800 General requirements related to the station log. [520]TEXT [521]PDF 73.1820 Station log. [522]TEXT [523]PDF 73.1835 Special technical records. [524]TEXT [525]PDF 73.1840 Retention of logs. [526]TEXT [527]PDF 73.1870 Chief operators. [528]TEXT [529]PDF 73.1910 Fairness Doctrine. [530]TEXT [531]PDF 73.1940 Legally qualified candidates for public office. [532]TEXT [533]PDF 73.1941 Equal opportunities. [534]TEXT [535]PDF 73.1942 Candidate rates. [536]TEXT [537]PDF 73.1943 Political file. [538]TEXT [539]PDF 73.1944 Reasonable access. [540]TEXT [541]PDF 73.2080 Equal employment opportunities (EEO). [ [542]Media Bureau's EEO Page ] [543]TEXT [544]PDF 73.3500 Application and report forms. [545]TEXT [546]PDF 73.3511 Applications required. [547]TEXT [548]PDF 73.3512 Where to file; number of copies.