FCC Web Documents citing 73.3588

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.txt
  • and authorization of all broadcast services. Need: These rules prescribe operating procedures applicable to all broadcast services. Legal Basis: 47 U.S.C. §§ 154, 303, 334, 336. Section Number and Title: 73.1212 Sponsorship identification; list retention; related requirements. 73.1217 Broadcast hoaxes. 73.1942 Candidate rates. 73.1943 Political file. 73.1944 Reasonable access. 73.3556 Duplication of programming on commonly owned or time brokered stations. 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. 73.3589 Threats to file petitions to deny or informal objections. PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES SUBPART D - REMOTE PICKUP BROADCAST STATIONS Brief Description: This rule prescribes the frequency, type of equipment and method that a remote pickup broadcast station shall use when identifying
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1076A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1076A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1076A1.txt
  • For further information concerning this proceeding, contact Robert Hayne, Media Bureau, (202) 418-2177. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau 17 FCC Rcd 16332 (MM Bur. 2002). 16 FCC Rcd 4924 (MM Bur. 2001). See National Public Radio v. FCC, 254 F. 3d 226 (D.C. Cir. 2001). See 47 C.F.R. §1.420(j); see also 47 C.F.R. §73.3588 (c)(4). Station WKSR is currently a Class A facility licensed to Pulaski serving approximately 2,500 square kilometers. As a Class C1 facility licensed to Ardmore, it would increase its service area by 13,900 square kilometers and serve approximately 700,000 additional persons. Federal Communications Commission DA 03- 1076 Federal Communications Commission DA 03-1076 „Ð
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2394A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2394A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2394A1.txt
  • with two Informal Objections that it had filed against the respective applications to implement the Station WROX-FM and WPYA(FM) license modifications. In return for these withdrawals, Tidewater Communications will receive $28,450 and an agreement from Sinclair Communications that it will not utilize a rock music format at its Poquoson, Virginia station for two years. In accordance with Sections 1.420(j) and 73.3588 of the Commission's rules, Tidewater Communications has filed a declaration under penalty of perjury listing legitimate and prudent expenses in the amount of $28,450 that were incurred in connection with its participation in this rulemaking proceeding and in connection with preparing and prosecuting its Informal Objections. Moreover, Tidewater Communications' pleadings do not raise any matter that amounts to a decisionally
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2356A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2356A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2356A1.txt
  • modify the licensed facilities of KSGA-LP, San Bernardino, for Special Temporary Authority to operate KSGA-LP, and for a license to cover construction for KSGA-LP. You advise that the motions to dismiss arise from a Settlement Agreement and Mutual Release entered into between Sunbelt, Costa and other parties. The parties have filed a copy of the Settlement Agreement pursuant to Section 73.3588 of the Commission's Rules. However, the parties maintain that the agreement contains ``sensitive commercial information'' that falls within Exemption 4 of the Freedom of Information Act, and ask that the entire agreement be afforded confidential treatment and not be placed in the Commission's public records. You state that the Settlement Agreement resolves an outstanding commercial dispute that arose out of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2344A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2344A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2344A1.txt
  • 2004, Mr. Christopher Trey (``Trey'') filed an Informal Objection (the ``Objection'') to the WRCJ(FM) renewal application. In a subsequent letter received December 6, 2004, Trey stated that he wished to withdraw his objection because the issues upon which his Objection was based had been resolved. In a further letter dated June 7, 2005, Trey averred that, in accordance with Section 73.3588 of the Rules, he had not received any consideration for the withdrawal of his Objection. We have reviewed the Objection, the withdrawal request, and Trey's attestation regarding consideration, and we find that the withdrawal complies with Section 73.3588 of the Rules. Even where a petition or objection is dismissed at the filing party's request, however, the Commission considers the merits
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4945A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4945A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4945A1.txt
  • Mr. Collins, Mr. Royston, and Mr. and Mrs. Eaton: We have before us a Joint Request for Approval of Settlement Agreement (``Joint Request'' or ``Omnibus Settlement Agreement'') filed on November 14, 2007, by Liberty Productions, a Limited Partnership (``Liberty''), Saga Communications of North Carolina, LLC (``Saga''), Ashville Radio Partners, LLC (``ARP''), and Willsyr Communications, Limited Partnership (``Willsyr''), pursuant to Section 73.3588 of the Commission's Rules (``Rules''). The Omnibus Settlement Agreement concerns various applications, orders, petitions and other filings regarding the licensing and sale of Station WOXL-FM, Biltmore Forest, North Carolina. As discussed below, we approve the Omnibus Settlement Agreement and dismiss all of the pleadings, comments, replies, and supplements filed by Willsyr in connection with the grant of the construction permit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1802A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1802A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1802A1.txt
  • the application and its subsequent grant to adequately prepare its objection. Under those circumstances, Syncom urges the Commission to consider its pleadings. The grant of Tuck's above-captioned renewal application (BRTTL-20051130BEG) was also rescinded pending the resolution of this matter. On March 30, 2009, Tuck filed a modification application (File No. BPTTL-20090333AIB). The parties have submitted the documentation required by Section 73.3588(a) of the Commission's Rules, and we do not believe that the agreement between the parties is the type of non-financial concessions that would fall within the purview of that rule. In addition, review of the matters raised in the pleadings, consistent with our obligation to examine the allegations raised to determine whether the public interest, convenience and necessity will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-433A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-433A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-433A1.txt
  • at 2 and Exhibit A. See id. The parties to the agreement have provided declarations under penalty of perjury that neither party has received compensation, in excess of their reasonable and prudent expenses, in exchange for entering into the Joint Request. See id. at 2, Declaration of Daniel McClenaghan and Declaration of Daniel J. Klaich. See also 47 C.F.R. § 73.3588. See Joint Request at 2. See Booth American Co., Memorandum Opinion and Order, 58 FCC 2d 553, 554 (1976). See id. at 2 and Attachment 2. Id. The Forest Service issues special use permits to ``facility owners'' at designated sub-sites. Facility owners, such as SBA, may lease tower space or land for a new tower to tenants. A prospective tenant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-57A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-57A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-57A1.txt
  • FM translator station to raise funds for its proposed community radio station as well as its translator station beyond the costs related to installation, operation and maintenance of the translator, in violation of the Rules. See Opposition at Attachment 2. In addition, Smith states that he has ``neither been paid nor promised any consideration for submitting this declaration.'' Id. Section 73.3588 of the Rules states that when an objection or a petition to deny is withdrawn, a statement on consideration is required. Because we are dismissing the Smith Objection for not being signed, Smith's consideration statement is moot and does not factor into our decision here, nor has it in prior similar decisions. 47 C.F.R. §§ 1.52 (``The original of all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-299098A1.pdf
  • 06/10/2010 by Champaign Partners, LLC Opposition Filed 06/10/2010 by D.W.S., Inc. Motion to Dismiss his previously filed May 7, 2010 Petition to Deny filed 06/11/2010 by Jamie Pendleton Motion to Dismiss his previously filed May 7 and May 28, 2010 Petitions to Deny filed 06/11/2010 by Jamie Pendleton Petitions to Deny dismissd at Petitioner's request. The Agreement complies with Section 73.3588. No issues remain requiring further inquiry. DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR CP EXTENSION ACCEPTED FOR FILING KXDP-LD 168642 SYNCOM MEDIA GROUP CO DENVER , CO BEP-20100624ANC CHAN-31 E Extension of time to complete digital construction permit: BDCCDTL-20061003ADY Page 2 of 28 Broadcast Applications 6/29/2010 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-299099A1.pdf
  • 06/10/2010 by Champaign Partners, LLC Opposition Filed 06/10/2010 by D.W.S., Inc. Motion to Dismiss his previously filed May 7, 2010 Petition to Deny filed 06/11/2010 by Jamie Pendleton Motion to Dismiss his previously filed May 7 and May 28, 2010 Petitions to Deny filed 06/11/2010 by Jamie Pendleton Petitions to Deny dismissd at Petitioner's request. The Agreement complies with Section 73.3588. No issues remain requiring further inquiry. CHAMPAIGN PARTNERS LLC WUIL 57469 BALH-20100422ADK IL Page 8 of 22 Broadcast Actions 6/29/2010 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.47267 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311672A1.pdf
  • License, as amended From: REVITALIZATION PARTNERS, LLC, GENERAL RECEIVER To: JAMES D. INGSTAD Form 314 Petition to Deny Filed 12/05/2011 by Ohana Media Group, LLC Motion to Dismiss Filed 12/09/2011 by Revitalization Partners, LLC Request for Dismissal of Petition to Deny Filed 12/07/2011 by Ohana Media Group, LLC. Request for Dismissal of Petition to Deny complies with 47 C.F.R. Section 73.3588, and Petition raises no issues otherwise calling for further inquiry. See Stockholders of CBS, Inc., 11 FCC Rcd 3733, 3739 (1995); Booth American Company, 58 F.C.C.2d 553, 554 (1976). Request granted, Petition to Deny dismissed on 12/21/2011. No letter sent. LOW POWER FM APPLICATIONS FOR ASSIGNMENT OF LICENSE ACCEPTED FOR FILING KZPY-LP 124070JAMES ALLEN EDUCATIONAL ASSOCIATION OK MARLOW , OK
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312184A1.pdf
  • CA Minor change in licensed facilities. REQUEST FOR CONTITIONAL GRANT Application Comment Filed 01/21/2011 by Midwest Television, Inc. Opposition Filed 02/11/2011 by Kiertron, Inc. Reply Filed 02/23/2011 by Midwest Television, Inc. Withdrawal of Informal Objection filed by MidwestTelevision, Inc. on 01/18/2012. Dismissal of Informal Objection requested by Midwest Television, Inc. by letter of 01/18/2012. Request complies with 47 C.F.R. Section 73.3588; objection raises no issues requiring further investigation. See In re Stockholders of CBS, Inc., Memorandum Opinion and Order, 11 FCC Rcd 3733, 3739 (1995); Booth American Company, Memorandum Opinion and Order, 58 FCC 2d 533, 534 (1976)). Accordingly, Informal Objection dismissed and Application granted with conditions on 01/26/2012. No letter sent. KIERTRON, INC. KBRT 34588 BP-20101201AAA CA AM STATION APPLICATIONS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312234A1.pdf
  • Objection filed 2/25/2004 by Grant Claassen Notice of change of contact mailing address filed 6/14/11: William B. Clay, c/o Michael Couzens, Esq., P.O. Box 3642, Oakland, CA 94609. Joint Request for Approval of Settlement Agreement Filed 12/212011 by Radio One of North Carolina, LLC, and William B. Cla Joint Request for Approval of Settlement Agreement complies with 47 C.F.R. Section 73.3588. Application for Review dismissed at joint request of parties on 1/20/2012. No letter sent. FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING K219CC 1608 AMERICAN FAMILY ASSOCIATION TX DUMAS , TX BPFT-20120130AEU 91.7 MHZ E Minor change in licensed facilities, callsign K219CC. K258BJ 155265EDGEWATER BROADCASTING, INC. WA EVERETT , WA BPFT-20120130ANC 88.9 MHZ E Minor
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313694A1.pdf
  • ORIGINAL CONSTRUCTION PERMIT DISMISSED , BARNWELL 99.1 MHZ E SC CP New Station. Accepted for filing and tentatively selected pursuant to FCC 11-99. Petitions to deny the tentative selectee must be on file no later than 30 days from June 21, 2011. Motion to Withdraw Petition to Deny Filed 04/13/2012 by ST. ANDREW ROMAN CATHOLIC CHURCH Settlement complies with Section 73.3588. Merits of Petition to Deny considered pursuant to Stockholders of CBS, Inc., 11 FCC Rcd 3733, 3739 (1995); Booth American Company, 58 FCC 2d 553, 554 (1976) and require no further inquiry. Joint Request Granted, Settlement Approved 04/20/2012. No letter sent. Application dismissed per settlement agreement 4/20/12 (No letter sent) ST. ANDREW ROMAN CATHOLIC CHURCH NEW 184828 BNPED-20100226AGA SC FM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314205A1.pdf
  • 1460 KHZ E MA Voluntary Assignment of License, as amended From: BTR COMMUNICATIONS BOSTON, INC. To: AZURE MEDIA, LLC Form 314 Informal Objection filed by Solution Funding, LLC, on 03/19/2012 Opposition Filed 05/04/2012 by BTR Communications Boston, Inc. Request for Dismissal of Informal Objection filed by Soulution Fundin LLC, on 05/17/2012. Request for dismissal of Informal Objection complies with Section 73.3588. Additionally, the staff has reviewed the Informal Objection finds that it raises no questions requiring further consideration. Stockholders of CBS, Inc., 11 FCC Rcd 3733, 3739 (1995); Booth American Company, 58 F.C.C.2d 553, 554 (1976). Accordingly, Info Objection dismissed and Application granted on 05/18/2012. No lett sent. BTR COMMUNICATIONS BOSTON, INC. WXBR 19631 BAL-20120213ACA MA , EVANSTON 1590 KHZ E
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314262A1.pdf
  • BAL-20120213ACA 1460 KHZ E Voluntary Assignment of License, as amended From: BTR COMMUNICATIONS BOSTON, INC. To: AZURE MEDIA, LLC Form 314 Informal Objection filed by Solution Funding, LLC, on 03/19/2012 Opposition Filed 05/04/2012 by BTR Communications Boston, Inc. Request for Dismissal of Informal Objection filed by Soulution Fundin LLC, on 05/17/2012. Request for dismissal of Informal Objection complies with Section 73.3588. Additionally, the staff has reviewed the Informal Objection finds that it raises no questions requiring further consideration. Stockholders of CBS, Inc., 11 FCC Rcd 3733, 3739 (1995); Booth American Company, 58 F.C.C.2d 553, 554 (1976). Accordingly, Info Objection dismissed and Application granted on 05/18/2012. No lett sent. Motion to Dismiss Filed 05/17/2012 by Solution Funding, LLC Page 1 of 23
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-207A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-207A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-207A1.txt
  • 6 FCC Rcd at 4213-14. See JEM Communications, Inc., 9 FCC Rcd at 4874. Id. On July 10, 2000, Pegasus Communications Corporation (Pegasus) filed a Petition to Deny the transfer of control applications of WJPX-TV, WKPV(TV) and WJWN-TV. However, on July 17, 2000, Pegasus filed a Request for Approval of Withdrawal of Petition to Deny. Pegasus' request complies with Section 73.3588 in that its Vice President certified that neither Pegasus nor any of its principals received or will receive any money or other consideration in exchange for the withdrawal of the Petition to Deny. While we will grant Pegasus' request, it should be noted that, as indicated herein, we do not find that LIN's interest in or connection with these six
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1.txt
  • 17 FCC Rcd at 3852-53 (paras. 12-14). Eliminating the anti-trafficking rule helps further that policy goal. Space Station Reform NPRM, 17 FCC Rcd at 3885 (para. 115). It would undercut that goal to allow commenters to use our speculation concerns primarily for anti-competitive purposes to delay approval of other parties' transactions. Intelsat Comments at 17-18, citing 47 C.F.R. §§ 73.3525, 73.3588. Intelsat Comments at 18-19. PanAmSat Comments at 18-19. See also Hughes Comments at 50-51 (retain rule but grant waivers in cases of "genuine cases of business transfers.") Teledesic Comments at 35-38; Teledesic Reply at 28-30. Space Station Reform NPRM, 17 FCC Rcd at 3864-65 (para. 51). Space Station Reform NPRM, 17 FCC Rcd at 3865 (para. 52). Space Station Reform
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-102A1_Erratum.doc
  • 17 FCC Rcd at 3852-53 (paras. 12-14). Eliminating the anti-trafficking rule helps further that policy goal. Space Station Reform NPRM, 17 FCC Rcd at 3885 (para. 115). It would undercut that goal to allow commenters to use our speculation concerns primarily for anti-competitive purposes to delay approval of other parties' transactions. Intelsat Comments at 17-18, citing 47 C.F.R. §§ 73.3525, 73.3588. Intelsat Comments at 18-19. PanAmSat Comments at 18-19. See also Hughes Comments at 50-51 (retain rule but grant waivers in cases of "genuine cases of business transfers.") Teledesic Comments at 35-38; Teledesic Reply at 28-30. Space Station Reform NPRM, 17 FCC Rcd at 3864-65 (para. 51). Space Station Reform NPRM, 17 FCC Rcd at 3865 (para. 52). Space Station Reform
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-204A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-204A1.txt
  • 73.3539. * * * * * (e) Mutually exclusive applicants may propose a settlement at any time during the selection process after the release of a public notice announcing the mutually exclusive groups. Settlement proposals must include all of the applicants in a group and must comply with the Commission's rules and policies regarding settlements, including the requirements of Sections73.3525, 73.3588, and 73.3589. Settlement proposals may include time-share agreements that comply with the requirements of paragraph (c) of this section, provided that such agreements may not be filed for the purpose of point aggregation outside of the 90 day period set forth in paragraph (c) of this section. 8. Section 73.3598 is amended by revising paragraph (a) to read as follows:
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.txt
  • or referred to the EEOC, as appropriate, immediately, not just at the end of the license term. The public may also file an informal objection or petition to deny an application based on EEO violations. The rules and policies already in place concerning settlements of petitions to deny and threats to file such petitions, as delineated in 47 C.F.R. §§ 73.3588 (petitions) and 73.3589 (threats to file), and Prevention of Abuses of the Renewal Process, 4 FCC Rcd 4780 (1989), will continue to be applied. Sunset. Some commenters urge the Commission to sunset its EEO rules at some time. The Commission's EEO regulations help to ensure that all qualified persons will continue to have an equal opportunity to compete for job
• http://transition.fcc.gov/fcc-bin/audio/DA-07-4945A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-4945A1.pdf
  • Mr. Collins, Mr. Royston, and Mr. and Mrs. Eaton: We have before us a Joint Request for Approval of Settlement Agreement (``Joint Request'' or ``Omnibus Settlement Agreement'') filed on November 14, 2007, by Liberty Productions, a Limited Partnership (``Liberty''), Saga Communications of North Carolina, LLC (``Saga''), Ashville Radio Partners, LLC (``ARP''), and Willsyr Communications, Limited Partnership (``Willsyr''), pursuant to Section 73.3588 of the Commission's Rules (``Rules''). The Omnibus Settlement Agreement concerns various applications, orders, petitions and other filings regarding the licensing and sale of Station WOXL-FM, Biltmore Forest, North Carolina. As discussed below, we approve the Omnibus Settlement Agreement and dismiss all of the pleadings, comments, replies, and supplements filed by Willsyr in connection with the grant of the construction permit
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [672]TEXT [673]PDF 73.3580 Local public notice of filing of broadcast applications. [674]TEXT [675]PDF 73.3584 Procedure for filing petitions to deny. [676]TEXT [677]PDF 73.3587 Procedure for filing informal objections. [678]TEXT [679]PDF 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. [680]TEXT [681]PDF 73.3589 Threats to file petitions to deny or informal objections. [682]TEXT [683]PDF 73.3591 Grants without hearing. [684]TEXT [685]PDF 73.3592 Conditional grant. [686]TEXT [687]PDF 73.3593 Designation for hearing. [688]TEXT [689]PDF 73.3594 Local public notice of designation for hearing. [690]TEXT [691]PDF 73.3597 Procedures on transfer and assignment applications. [692]TEXT [693]PDF
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • authorization. Section 73.3545-Application for permit to deliver programs to foreign stations. Section 73.3550-Requests for new or modified call sign assignments. Section 73.3561-Staff consideration of applications requiring Commission consideration. Section 73.3562-Staff consideration of applications not requiring action by the Commission. Section 73.3566-Defective applications. Section 73.3568-Dismissal of applications. Section 73.3584-Procedure for filing petitions to deny. Section 73.3587-Procedure for filing informal objections. Section 73.3588-Dismissal of petitions to deny or withdrawal of informal objections. Section 73.3589-Threats to file petitions to deny or informal objections. Section 73.3591-Grants without hearing. Section 73.3593-Designation for hearing. Section 73.3598-Period of construction. Section 73.3599-Forfeiture of construction permit. Section 73.3999-Enforcement of 18 U.S.C. 1464-restrictions on the transmission of obscene and indecent material. 8. A New Section 73.805 is added, as follows: §
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.txt
  • or referred to the EEOC, as appropriate, immediately, not just at the end of the license term. The public may also file an informal objection or petition to deny an application based on EEO violations. The rules and policies already in place concerning settlements of petitions to deny and threats to file such petitions, as delineated in 47 C.F.R. §§ 73.3588 (petitions) and 73.3589 (threats to file), and Prevention of Abuses of the Renewal Process, 4 FCC Rcd 4780 (1989), will continue to be applied. Sunset. Some commenters urge the Commission to sunset its EEO rules at some time. The Commission's EEO regulations help to ensure that all qualified persons will continue to have an equal opportunity to compete for job
• http://www.fcc.gov/DiversityFAC/040614/EqualTransactionalOpportunityRule-recommendation.doc
  • because of the offeror's race or gender, the Commission should take it very seriously and conduct an investigation using the procedures set forth in Bilingual Bicultural Coalition on the Mass Media v. FCC, 595 F.2d 621, 629-30 (D.C. Cir. 1978). There is no financial incentive to file, or threaten to file, a false, frivolous, or strike petition; see 47 C.F.R. §§73.3588 and 73.3589 (the greenmail rules). Enforcement. Commission resources are limited; thus, the Commission might not be able to complete investigations of allegations of discrimination in sufficient time to allow for their prompt consideration in the context of specific transactions. Consequently: If the Commission receives such an allegation in a petition to deny a transaction, and the allegation is obviously inadequate
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/EqualTransactionalOpportunityRuleRecommend.doc
  • because of the offeror's race or gender, the Commission should take it very seriously and conduct an investigation using the procedures set forth in Bilingual Bicultural Coalition on the Mass Media v. FCC, 595 F.2d 621, 629-30 (D.C. Cir. 1978). There is no financial incentive to file, or threaten to file, a false, frivolous, or strike petition; see 47 C.F.R. §§73.3588 and 73.3589 (the greenmail rules). Enforcement. Commission resources are limited; thus, the Commission might not be able to complete investigations of allegations of discrimination in sufficient time to allow for their prompt consideration in the context of specific transactions. Consequently: If the Commission receives such an allegation in a petition to deny a transaction, and the allegation is obviously inadequate
• http://www.fcc.gov/fcc-bin/audio/DA-06-2344A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2344A1.pdf
  • 2004, Mr. Christopher Trey (``Trey'') filed an Informal Objection (the ``Objection'') to the WRCJ(FM) renewal application. In a subsequent letter received December 6, 2004, Trey stated that he wished to withdraw his objection because the issues upon which his Objection was based had been resolved. In a further letter dated June 7, 2005, Trey averred that, in accordance with Section 73.3588 of the Rules, he had not received any consideration for the withdrawal of his Objection. We have reviewed the Objection, the withdrawal request, and Trey's attestation regarding consideration, and we find that the withdrawal complies with Section 73.3588 of the Rules. Even where a petition or objection is dismissed at the filing party's request, however, the Commission considers the merits
• http://www.fcc.gov/fcc-bin/audio/DA-07-4945A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4945A1.pdf
  • Mr. Collins, Mr. Royston, and Mr. and Mrs. Eaton: We have before us a Joint Request for Approval of Settlement Agreement (``Joint Request'' or ``Omnibus Settlement Agreement'') filed on November 14, 2007, by Liberty Productions, a Limited Partnership (``Liberty''), Saga Communications of North Carolina, LLC (``Saga''), Ashville Radio Partners, LLC (``ARP''), and Willsyr Communications, Limited Partnership (``Willsyr''), pursuant to Section 73.3588 of the Commission's Rules (``Rules''). The Omnibus Settlement Agreement concerns various applications, orders, petitions and other filings regarding the licensing and sale of Station WOXL-FM, Biltmore Forest, North Carolina. As discussed below, we approve the Omnibus Settlement Agreement and dismiss all of the pleadings, comments, replies, and supplements filed by Willsyr in connection with the grant of the construction permit
• http://www.fcc.gov/fcc-bin/audio/DA-09-433A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-433A1.pdf
  • at 2 and Exhibit A. See id. The parties to the agreement have provided declarations under penalty of perjury that neither party has received compensation, in excess of their reasonable and prudent expenses, in exchange for entering into the Joint Request. See id. at 2, Declaration of Daniel McClenaghan and Declaration of Daniel J. Klaich. See also 47 C.F.R. § 73.3588. See Joint Request at 2. See Booth American Co., Memorandum Opinion and Order, 58 FCC 2d 553, 554 (1976). See id. at 2 and Attachment 2. Id. The Forest Service issues special use permits to ``facility owners'' at designated sub-sites. Facility owners, such as SBA, may lease tower space or land for a new tower to tenants. A prospective tenant
• http://www.fcc.gov/fcc-bin/audio/DA-09-57A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-57A1.pdf
  • FM translator station to raise funds for its proposed community radio station as well as its translator station beyond the costs related to installation, operation and maintenance of the translator, in violation of the Rules. See Opposition at Attachment 2. In addition, Smith states that he has ``neither been paid nor promised any consideration for submitting this declaration.'' Id. Section 73.3588 of the Rules states that when an objection or a petition to deny is withdrawn, a statement on consideration is required. Because we are dismissing the Smith Objection for not being signed, Smith's consideration statement is moot and does not factor into our decision here, nor has it in prior similar decisions. 47 C.F.R. §§ 1.52 (``The original of all
• http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.pdf
  • 73.3539. * * * * * (e) Mutually exclusive applicants may propose a settlement at any time during the selection process after the release of a public notice announcing the mutually exclusive groups. Settlement proposals must include all of the applicants in a group and must comply with the Commission's rules and policies regarding settlements, including the requirements of Sections73.3525, 73.3588, and 73.3589. Settlement proposals may include time-share agreements that comply with the requirements of paragraph (c) of this section, provided that such agreements may not be filed for the purpose of point aggregation outside of the 90 day period set forth in paragraph (c) of this section. 8. Section 73.3598 is amended by revising paragraph (a) to read as follows:
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/let19961205.doc
  • area. See Spann Communications, 4 FCC Rcd 617 (1989) (Commission grants waiver of Section 73.37 where overlap exists due to salt water path and does not involve primary service area of either station). Petition to Deny We have examined the affidavit attached to BCI's request to withdraw its petition to deny and find that it complies with 47 C.F.R. Section 73.3588. Furthermore, we have examined the issues raised in BCI's petition and find no basis for further action in regard to those matters. Accordingly, we shall grant BCI's request to withdraw its petition to deny. Conclusion We find that the Joint Petition demonstrates compliance with the local service floor guidelines with respect to the Waterbury, Connecticut, Sag Harbor, New York and
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [672]TEXT [673]PDF 73.3580 Local public notice of filing of broadcast applications. [674]TEXT [675]PDF 73.3584 Procedure for filing petitions to deny. [676]TEXT [677]PDF 73.3587 Procedure for filing informal objections. [678]TEXT [679]PDF 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. [680]TEXT [681]PDF 73.3589 Threats to file petitions to deny or informal objections. [682]TEXT [683]PDF 73.3591 Grants without hearing. [684]TEXT [685]PDF 73.3592 Conditional grant. [686]TEXT [687]PDF 73.3593 Designation for hearing. [688]TEXT [689]PDF 73.3594 Local public notice of designation for hearing. [690]TEXT [691]PDF 73.3597 Procedures on transfer and assignment applications. [692]TEXT [693]PDF
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [619]TEXT [620]PDF 73.3573 Processing FM broadcast station applications. [621]TEXT [622]PDF 73.3574 Processing of international broadcast station applications. [623]TEXT [624]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [625]TEXT [626]PDF 73.3580 Local public notice of filing of broadcast applications. [627]TEXT [628]PDF 73.3584 Procedure for filing petitions to deny. [629]TEXT [630]PDF 73.3587 Procedure for filing informal objections. [631]TEXT [632]PDF 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. [633]TEXT [634]PDF 73.3589 Threats to file petitions to deny or informal objections. [635]TEXT [636]PDF 73.3591 Grants without hearing. [637]TEXT [638]PDF 73.3592 Conditional grant. [639]TEXT [640]PDF 73.3593 Designation for hearing. [641]TEXT [642]PDF 73.3594 Local public notice of designation for hearing. [643]TEXT [644]PDF 73.3597 Procedures on transfer and assignment applications. [645]TEXT [646]PDF