FCC Web Documents citing 73.3589

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
  • 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 itself on the air. Need: Operators identify their remote pickup broadcast
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-320A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-320A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-320A1.txt
  • et al., 69 F.C.C.2d 1139, 1150 (1978) and cases cited therein (concluding that a ``strike pleading'' - i.e., a pleading filed in bad faith primarily to block, impede, or delay grant of another application - constitutes abuse of process). See Public Notice, ``Commission Taking Tough Measures Against Frivolous Pleadings,'' 11 FCC Rcd 3030 (1996). See also 47 C.F.R. § Section 73.3589(a), which provides: ``No person shall make or receive any payments in exchange for withdrawing a threat to file or refraining from filing a petition to deny or an informal objection.'' Nationwide Comunications, Inc., 13 FCC Rcd 5654, 5655 (1998). See 47 C.F.R. § 73.3589(c)(3). See 47 C.F.R. § Section 1.24. Federal Communications Commission Washington, D.C. 20554 February 9, 2006 DA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1329A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1329A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1329A1.txt
  • waiver of its rules in a particular case only if the relief requested would not undermine the policy objective of the rule in question, and would otherwise serve the public interest. We reject WKLC's contention that the Commission's decision in Clear Channel compels favorable action on its waiver request. In Clear Channel, the Commission affirmed the staff's waiver of Section 73.3589(e) where an application for license to cover was filed three days after the construction permit's expiration and the applicant had constructed and commenced operations before the permit's expiration. In upholding the waiver, the Commission opined that ``the staff practice has been to waive relatively minor filing deadline violations, so long as the applicant can demonstrate that construction was, in fact,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-268A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-268A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-268A1.txt
  • Guidelines, 12 FCC Rcd 17087, 17115 (``Forfeiture Policy Statement''). 47 U.S.C. § 503(b)(2)(D); see also 47 C.F.R. § 1.80(b)(4). Cf. Federal Communications v. WOKO, Inc., 329 U.S. 223, 227 (1946) (even seemingly ``useless'' deceptions are of concern). 47 C.F.R. § 1.80(f)(3). The construction permit for the upgrade had been tolled pursuant the Commission's revised construction rules. See 47 C.F.R. § 73.3589. See 47 C.F.R. § 73.207. Cut and Shoot, Texas, 11 FCC Rcd 16383 (M.M.B. 1996). Streamlining of Radio Technical Rules, 14 FCC Rcd 5272, n.45 (1999). Amendment of Table of Allotments (Amherst and Lynchburg, Virginia), 11 FCC Rcd 5247 (M.M.B. 1996). See File No. BLH-19970924KE. 47 C.F.R. § 73.207. Cut and Shoot, Texas, 11 FCC Rcd at 16383-84. See 47
• 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
  • * * * * (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: § 73.3598
• 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
  • 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 openings. Broad and
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 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 73.3598 Period of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • 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: § 73.805 Availability of channels. Except as provided in Section 73.220 of
• 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
  • 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 openings. Broad and
• http://www.fcc.gov/DiversityFAC/040614/EqualTransactionalOpportunityRule-recommendation.doc
  • 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 on its
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/EqualTransactionalOpportunityRuleRecommend.doc
  • 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 on its
• http://www.fcc.gov/fcc-bin/audio/DA-06-320A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-320A1.pdf
  • et al., 69 F.C.C.2d 1139, 1150 (1978) and cases cited therein (concluding that a ``strike pleading'' - i.e., a pleading filed in bad faith primarily to block, impede, or delay grant of another application - constitutes abuse of process). See Public Notice, ``Commission Taking Tough Measures Against Frivolous Pleadings,'' 11 FCC Rcd 3030 (1996). See also 47 C.F.R. § Section 73.3589(a), which provides: ``No person shall make or receive any payments in exchange for withdrawing a threat to file or refraining from filing a petition to deny or an informal objection.'' Nationwide Comunications, Inc., 13 FCC Rcd 5654, 5655 (1998). See 47 C.F.R. § 73.3589(c)(3). See 47 C.F.R. § Section 1.24. Federal Communications Commission Washington, D.C. 20554 February 9, 2006 DA
• http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.pdf
  • * * * * (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: § 73.3598
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 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 73.3598 Period of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license.
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 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 73.3598 Period of construction. [647]TEXT [648]PDF 73.3601 Simultaneous modification and renewal of license.