FCC Web Documents citing 73.621

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

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  • Inc.; Educational Broadcasting Corporation; Educational Public TV Corporation; Community Television Educators, Inc.; Ho'ona'auao Community TV, Inc.; and Puget Sound Educational TV, Inc. (each of which does business as Daystar Television Network) (collectively, ``Daystar''). The Consent Decree terminates an investigation by the Bureau against Daystar for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.621(e) of the Commission's Rules regarding the broadcast by Daystar of underwriting acknowledgments over its noncommercial educational televisions Stations KLTJ(TV), Galveston, Texas; KDTN(TV), Denton, Texas; KRMT(TV), Denver, Colorado; KKAP(TV), Little Rock, Arkansas; WYDN(TV), Worcester, Massachusetts; KDTP(TV), Holbrook, Arizona; KWBN(TV), Honolulu, Hawaii; and KWDK(TV), Tacoma, Washington. The Bureau and Daystar have negotiated the terms of the Consent Decree that resolve this matter.
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  • Community Television Educators, Inc.; Ho'ona'auao Community TV, Inc.; and Puget Sound Educational TV, Inc. (each of which does business as Daystar Television Network) (collectively, ``Daystar''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into whether Daystar violated Section 399B of the Communications Act of 1934, as amended, and Section 73.621(e) of the Commission's Rules, in connection with the broadcast by Daystar of underwriting acknowledgments over its noncommercial educational Stations KLTJ(TV), Galveston, Texas; KDTN(TV), Denton, Texas; KRMT(TV), Denver, Colorado; KKAP(TV), Little Rock, Arkansas; WYDN(TV), Worcester, Massachusetts; KDTP(TV), Holbrook, Arizona; KWBN(TV), Honolulu, Hawaii; and KWDK(TV), Tacoma, Washington. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act''
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  • and successors-in-interest as licensee of the Station. ``Parties'' mean the Licensee and the Bureau. ``Rules'' mean the Commission's regulations found in Title 47 of the Code of Federal Regulations. ``Station'' means noncommercial educational Station WKSG (FM), Cedar Creek, Florida (Facility ID No. 9714). ``Underwriting Laws'' mean Section 399B of the Communications Act of 1934, 47 U.S.C. � 399b, and Section 73.621 (e) of the Commission's Rules, 47 C.F.R. � 73.621 (e). II. BACKGROUND Pursuant to Section 399b(a) of the Act and Section 73.503(d) of the Rules, advertisements are defined as program material broadcast ``in exchange for any remuneration'' and intended to ``promote any service, facility, or product'' of for-profit entities. Section 399b(b)(2) specifically provides that noncommercial educational stations may not broadcast
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  • and indicate in an exhibit whether they are a general or limited partnership. Item 9. Applicant Status: Place an [X] in the appropriate box or boxes preceding the type of entity. The definition of "noncommercial educational" entity applies to broadcast applicants only and is contained in 47 U.S.C. 397(6) and 47 C.F.R. � 73.503(a) (for radio) and 47 C.F.R. � 73.621(a) (for television). The definitions for "rural telephone company", "minority owned business", and "woman owned business" are contained in 47 C.F.R. � 1.2110. Applicant status information concerning rural telephone companies, minority-owned businesses and women-owned businesses is collected for statistical purposes only. Item 10. Bidding Credit Eligibility: If bidding in a wireless auction, place an [X] in the box preceding the Small
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  • 2002 Released: August 9, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television station KMTP-TV, San Francisco, California, apparently violated Section 399B of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. � 399b, and Section 73.621 of the Commission's rules, 47 C.F.R. � 73.621, by willfully and repeatedly broadcasting advertisements. Based on our review of the facts and circumstances of this case, we conclude that Minority is apparently liable for a monetary forfeiture in the amount of Ten Thousand Dollars ($10,000.00). II. Background 2. This case arises from allegations raised in a pending Media Bureau (``MB'')
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  • be a qualified noncommercial educational broadcast station. This issue was addressed by the Commission and need not be addressed here. See Minority Television Project Inc., Notice of Apparent Liability for Forfeiture, DA 02-1945 (rel. Aug. 9, 2002). (finding MTP liable for a forfeiture of $10,000 for particularly numerous and egregious violations of Section 399B of the Communications Act and Section 73.621(e) of the Commission's rules, but finding no other type of sanction to be necessary or justified at the time). Although not applicable to the present situation, we note that noncommercial educational television stations which are not "qualified" NCE stations within the meaning of Section 615 of the Communications Act, and thus are not entitled to must carry rights under that
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  • the Chief, Enforcement Bureau: I. INTRODUCTION By this Forfeiture Order, we impose a forfeiture of $10,000 on Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television Station KMTP-TV, San Francisco, California, for its willful and repeated broadcast of advertisements over the station, in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''), and section 73.621(e) of the Commission's rules. We take this action pursuant to 47 U.S.C. � 503(b)(1)(D) and 47 C.F.R. � 1.80(f)(4). We further dismiss Minority's pending June 13, 2000, Request for Declaratory Ruling as moot. II. BACKGROUND 2. This case arose from allegations raised in a Media Bureau (``MB'') proceeding and referred to the Enforcement Bureau (``Bureau'') for resolution. In the MB
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  • October 22, 2004 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into the possible violation by Fort Wayne Public Television, Inc. (``Fort Wayne''), licensee of noncommercial educational television Station WFWA(TV)/DT, Fort Wayne, Indiana, of section 399B of the Communications Act of 1934, as amended, and section 73.621(d) of the Commission's rules, in connection with the broadcast by Fort Wayne of underwriting acknowledgments over Station WFWA(TV)/DT. The Bureau and Fort Wayne have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � DA 05-2410 Released: September 2, 2005 Media Bureau Suspends Television and Radio Rules To Permit NCE Stations to Broadcast Commercial Programming in the Greater New Orleans Area By this public notice the Media Bureau immediately suspends Sections 73.621(e) and 73.503(d) of the Commission's rules to permit noncommercial educational (NCE) television and radio stations to broadcast programming, including commercial matter, received from commercial broadcast stations. This waiver is limited to stations serving viewers and listeners in and near to New Orleans, LA. This special relief is designed to bring immediate life saving and other important program information to the
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  • APPARENT LIABILITY FOR FORFEITURE Adopted: 02/08/2005 Released: 02/09/2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television Station KMTP-TV, San Francisco, California, has apparently violated section 399B of the Communications Act of 1934, as amended (the ``Act''), and section 73.621 of the Commission's rules, by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Minority is apparently liable for a monetary forfeiture in the amount of $7,500. II. BACKGROUND 2. This case arises from allegations contained in a reply pleading filed with the Commission by Lincoln Broadcasting Company
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  • distinct treatment from commercial stations because the Commission has recognized the benefits of centralized operation for noncommercial educational stations due to their limited funding. As a commercial licensee, Living Faith is entitled to operate for profit and support the station by on-the-air advertising, the two actions that primarily distinguish a commercial licensee from a noncommercial licensee. See 47 C.F.R. � 73.621. Nevertheless, we believe that Living Faith has justified its request for permanent waivers to permit WAGV(TV) and WLFB(TV) to operate without main studios, utilizing the studio of WLFG(TV), Grundy, Virginia. With respect to the accessibility of the WLFG(TV) studio, Living Faith recently submitted a supplemental exhibit demonstrating that the studio is located 90 miles from Harlan and 70 miles from
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  • used to advance an educational purpose and meeting all other service-specific eligibility requirements, or (b) a municipality applying for a radio or television broadcast station that will transmit only noncommercial programs for educational purposes. The definition of ``noncommercial educational'' applies to broadcast applicants only, and is contained in 47 USC Section 397(6) and 47 CFR Sections 73.503(a) (for radio) and 73.621(a) (for television). Can an applicant check ``yes'' to the NCE election and later de-select it? Not after the Form 175 filing deadline. Because an applicant's self-identification as ``noncommercial educational'' affects its eligibility to hold an NCE station license and therefore its eligibility to participate in an auction, the Commission treats an applicant's attempt to change its self-identification as a major
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  • Inc.; Educational Broadcasting Corporation; Educational Public TV Corporation; Community Television Educators, Inc.; Ho'ona'auao Community TV, Inc.; and Puget Sound Educational TV, Inc. (each of which does business as Daystar Television Network) (collectively, ``Daystar''). The Consent Decree terminates an investigation by the Bureau against Daystar for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.621(e) of the Commission's Rules regarding the broadcast by Daystar of underwriting acknowledgments over its noncommercial educational televisions Stations KLTJ(TV), Galveston, Texas; KDTN(TV), Denton, Texas; KRMT(TV), Denver, Colorado; KKAP(TV), Little Rock, Arkansas; WYDN(TV), Worcester, Massachusetts; KDTP(TV), Holbrook, Arizona; KWBN(TV), Honolulu, Hawaii; and KWDK(TV), Tacoma, Washington. The Bureau and Daystar have negotiated the terms of the Consent Decree that resolve this matter.
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  • Community Television Educators, Inc.; Ho'ona'auao Community TV, Inc.; and Puget Sound Educational TV, Inc. (each of which does business as Daystar Television Network) (collectively, ``Daystar''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into whether Daystar violated Section 399B of the Communications Act of 1934, as amended, and Section 73.621(e) of the Commission's Rules, in connection with the broadcast by Daystar of underwriting acknowledgments over its noncommercial educational Stations KLTJ(TV), Galveston, Texas; KDTN(TV), Denton, Texas; KRMT(TV), Denver, Colorado; KKAP(TV), Little Rock, Arkansas; WYDN(TV), Worcester, Massachusetts; KDTP(TV), Holbrook, Arizona; KWBN(TV), Honolulu, Hawaii; and KWDK(TV), Tacoma, Washington. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act''
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  • and successors-in-interest as licensee of the Station. ``Parties'' mean the Licensee and the Bureau. ``Rules'' mean the Commission's regulations found in Title 47 of the Code of Federal Regulations. ``Station'' means noncommercial educational Station WKSG (FM), Cedar Creek, Florida (Facility ID No. 9714). ``Underwriting Laws'' mean Section 399B of the Communications Act of 1934, 47 U.S.C. � 399b, and Section 73.621 (e) of the Commission's Rules, 47 C.F.R. � 73.621 (e). II. BACKGROUND Pursuant to Section 399b(a) of the Act and Section 73.503(d) of the Rules, advertisements are defined as program material broadcast ``in exchange for any remuneration'' and intended to ``promote any service, facility, or product'' of for-profit entities. Section 399b(b)(2) specifically provides that noncommercial educational stations may not broadcast
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  • system. Need: The point system is needed to continue to foster the growth of noncommercial broadcasting. The point system clearly expresses the public interest factors that the Commission finds important in noncommercial educational broadcasters and selects the applicant who best exemplifies those criteria in an objective manner. Legal Basis: 47 U.S.C. 154, 303, 334 and 336. Section Number and Title: 73.621(h) Noncommercial educational TV stations. Brief Description: This rule specifies that DTV station applications proposing to expand the DTV station's authorized service area must not cause interference to a Class A TV station or a digital Class A? TV Station. Need: This rule is required because Class A licensees have ``primary'' status as television broadcasters; thereby they have a measure of
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  • The Commission's interest in creating a ``noncommercial'' service has been to remove the programming decisions of public broadcasters from the ``normal kinds of commercial market pressures under which broadcasters in the unreserved spectrum usually operate.'' In order to maintain the essential character of the noncommercial service, Section 399B of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of the Commission's Rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. We will deny the Waiver Request for several reasons. First, it is axiomatic that the Commission cannot waive the provisions of the Communications Act. Accordingly, we could
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  • Finally, licensees of low power television, TV translator or TV booster, or FM translator or FM booster stations whose licenses were issued on or before October 1, 2000, and which have obtained a fee refund because of an NTIA facilities grant for their station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of � 73.621 of the Commission's Rules, are similarly exempt from payment of this regulatory fee. Licensees claiming an exemption based on one of these latter criteria should not submit payment. The Commission requires that each exempt entity submit, or have on file with the Commission, a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from
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  • Finally, licensees of Low Power Television, TV translator or TV booster, or FM translator or FM booster stations whose licenses were issued on or before October 1, 2001, and which have obtained a fee refund because of an NTIA facilities grant for their station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of � 73.621 of the Commission's Rules, are similarly exempt from payment of this regulatory fee. Licensees claiming an exemption based on one of these latter criteria should not submit payment. Fee Requirement: Fees are assessed on a per license basis as follows: Type of License Regulatory Fee Payment Type Code Low Power Television Station, TV Translator/TV Booster $320 0267 FM Translator/FM Booster
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  • of non-commercial educational television station KMTP-TV, San Francisco, pursuant to a license granted by Defendant Federal Communications Commission ("FCC"). First Amended Complaint ("FAC") � 5. As the operator of KMTP-TV, Plaintiff is subject to the restrictions on broadcasting announcements acknowledging donors and the prohibition against certain paid promotional announcements set forth in 47 U.S.C. � 399b and 47 C.F.R. � 73.621(e). FAC � 17. Plaintiff challenges these restrictions as facially unconstitutional under the First Amendment. In particular, Plaintiff claims that the ban on paid advertisements relaying views on matters of public importance or supporting or opposing political candidates facially discriminates against non-commercial speech and favors certain types of commercial speech over non-commercial speech. Plaintiff also contends that the regulations restricting paid
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  • N N FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT: January 13, 2010 Janice Wise (202) 418-8165 MEDIA BUREAU ANNOUNCES PROCEDURES FOR OBTAINING COMMISSION APPROVAL FOR NCE STATION FUNDRAISING TO AID HAITI RELIEF EFFORTS The Commission generally prohibits noncommercial educational stations from engaging in on-air fundraising activities on behalf of any entity other than the station itself. See, 47 C.F.R. �� 73.503(d), 73.621(e). See also, Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, 90 FCC 2d 895, 907 (1982). The Commission, however, has granted rule waivers for fundraising appeals to support relief efforts following disasters of particular uniqueness or magnitude, such as Hurricanes Andrew and Katrina, the September 11, 2001 terrorist attacks in New York City, and the January 2005 tsunami
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  • P P FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT: March 16, 2011 Janice Wise (202) 418-8165 MEDIA BUREAU ANNOUNCES PROCEDURES FOR OBTAINING COMMISSION APPROVAL FOR NCE STATION FUNDRAISING TO AID JAPAN RELIEF EFFORTS The Commission generally prohibits noncommercial educational stations from engaging in on-air fundraising activities on behalf of any entity other than the station itself. See, 47 C.F.R. �� 73.503(d), 73.621(e). See also, Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, 90 FCC 2d 895, 907 (1982). The Commission, however, has granted rule waivers for fundraising appeals to support relief efforts following disasters of particular uniqueness or magnitude, such as Hurricanes Andrew and Katrina, the September 11, 2001 terrorist attacks in New York City, the January 2005 tsunami in
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  • stations operating with a "religion" format). 2 Prepared Testimony of Craig Parshall, Sr. V.P. & Gen. Counsel of National Religious Broadcaster Association, FCC Workshop on the Future of Media and the Information Needs of Communities: Public and Other Noncommercial Media in the Digital Era (Apr. 30, 2010) (Parshall Tes- timony), at 1, available at http://reboot.fcc.gov/futureofmedia/public- and-other-noncommercial-media-in-the-digital-era. 3 47 C.F.R � 73.621 (2002). 4 Applications of WQED Pittsburgh, Assignor, and Cornerstone TeleVision, Inc., Assignee, Order, 15 FCC Rcd 202, 214 (1999) (WQED Order I). 5 WQED Order I, 15 FCC Rcd at 225 (citations omitted). 6 Applications of WQED Pittsburgh, Assignor, and Cornerstone TeleVision, Inc., Assignee, Order, 15 FCC Rcd. 2534, 2535 (2000). The "additional guidance" generated criticism from broadcasters, religious groups,
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  • and (3) is dependent on subscriptions/contributions from the members of the community served for support. Finally, licensees of TV translator, TV booster, FM translator, FM booster, and LPTV stations who have obtained a fee refund because of an NTIA facilities grant for their station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of � 73.621 of the Commission's rules are exempt from payment of regulatory fees. - FCC - REGULATORY FEES FACT SHEET Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 August 2011 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • arrangement from us. The parties properly submitted the PSOA as part of the assignment application. Moreover, we acknowledge that they were following a practice that developed in past NCE radio transactions, in apparent violation of the rule, without our knowledge. The point of the rule is straightforward: it prevents NCE radio stations from selling program time at a profit. (Section 73.621(d) is the corollary rule for NCE television stations.) I hope that our Consent Decree in this case will remind NCE licensees that they cannot monetize their licenses by selling program time for a profit. I do wish to note that the relevant rules only apply to payments for program time and do not limit the ability of NCE stations to
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  • to determine whether the public interest will be better served by dereservation of Channel *16, and application of the proceeds of the sale of WQEX(TV) to QED's noncommercial educational operations on Channel 13. We specifically seek comment on QED's present financial condition and the likelihood that QED's ability to serve the educational needs of its community, as required by Section 73.621 of the rules, will be substantially impaired, absent a sale of WQEX(TV) as a commercial station. With respect to QED's assertion that Pittsburgh and its environs have experienced a severe economic decline, we seek comment on the area's economic ability to continue to adequately support two donor-reliant noncommercial educational television stations, as it has done for more than 40 years.
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  • or Supplementary Use of ) MM Docket No. 98-203 Digital Television Capacity by Noncommercial ) Licensees ) ) REPORT AND ORDER Adopted: October 11, 2001 Released: October 17, 2001 By the Commission: Chairman Powell issuing a statement; Commissioner Copps dissenting and issuing a statement. Table of Contents Paragraph I. INTRODUCTION 1 II. BACKGROUND 2 III. ISSUE ANALYSIS Application of Section 73.621 of the Commission's Rules to Entire Digital Bitstream of NCE Licensees 7 B. Advertising 19 C. Payment of fees 34 IV. ADMINISTRATIVE MATTERS 46 Appendix A: Final Regulatory Flexibility Analysis Appendix B: List of Commenters Appendix C: Rule Changes I. INTRODUCTION With this Report and Order, we clarify the manner in which noncommercial educational ("NCE") television licensees may use their
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  • bidding and under what circumstances. Specifically, are all ``nonprofit educational organizations'' exempt from auctions whenever they apply for any broadcast license, or only when they make a ``showing that the station will be used for the advancement of an educational program''? In other words, is the ``showing'' of an ``educational program'' or ``service'' requirement that appears in sections 73.503 and 73.621 of the Commission's rules, part of the ``eligibility'' requirement that is incorporated by reference in section 397(6) of the Act? Or is the eligibility requirement referenced in section 397(6) only that the applicant be a ``nonprofit educational organization''? If the latter is the case, a nonprofit educational organization could not participate in an auction for a broadcast license under any
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  • power TV, TV translator, or TV booster station shall be suspended and shall not be resumed until the interference has been eliminated... Yet, with regard to land mobile operations on channel 16 in the New York metropolitan area, the rules provide neither recognition nor protection from potential low power, TV translator, or TV booster operations. NONCOMMERCIAL EDUCATIONAL TV STATIONS In �73.621 of the FCC rules it states: In addition to the other provisions of this subpart, the following shall be applicable to noncommercial educational television broadcast stations: ... Limitations follow on ownership (nonprofit organizations only), what may be broadcast (educational, cultural, and entertainment for use by schools, produced within or by others, but no payoff to get a program televised, and
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  • as the applicants here, are considered "established" if they have operated continuously as local entities since June 4, 1999. An applicant relying on local board residence to claim points as an established local applicant must demonstrate that its governing documents, i.e., by-laws, require that such localism be maintained for at least four years of station operations. See 47 C.F.R. Sec. 73.621(a). In view of the pending appeal of our mutually exclusive selection process, any subsequent grant of SBC's application will be conditioned on the outcome of American Family Association, Inc., et al. v. FCC & USA, et al., Nos. 00-1310, et al. (D.C. Circuit). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-252 Federal Communications Commission FCC 03-252 � �
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  • Pursuant to the Mississippi Code, the Board is composed of seven members, four of whom are appointed by the Governor, one member appointed by the State Board for Community and Junior Colleges, one member appointed by the Trustees of the State Institutions of Higher Learning, and one member appointed by the State Superintendent of Public Education. See 47 C.F.R. Sec. 73.621(a). In view of the pending appeal of our mutually exclusive selection process, any subsequent grant of MAET's application will be conditioned on the outcome of American Family Association, Inc., et al. v. FCC & USA, Nos. 00-1310, et al. (D.C. Circuit). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-253 Federal Communications Commission FCC 03-253 � 6 7 �
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  • nine members, four of whom are appointed by the Governor, one member appointed by the state association of private colleges and universities, one member appointed jointly by the superintendents of the state's community colleges, one member appointed jointly by the administrators of the area education agencies, and one member appointed by the state board of regents. See 47 C.F.R. Sec. 73.621(a). In view of the pending appeal of our mutually exclusive selection process, any subsequent grant of IPBB's application will be conditioned on the outcome of American Family Association, Inc., et al. v. FCC & USA, Nos. 00-1310, et al. (D.C. Circuit). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-254 Federal Communications Commission FCC 03-254 � p t F
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  • substance of the eligibility rules for NCE stations has not changed since that time. Section 73.503(a) of the rules sets forth the current eligibility rule for FM stations: ``A noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program.'' Section 73.621(a) of the rules sets forth the current eligibility rule for TV stations: ``[N]oncommercial educational broadcast stations will be licensed only to nonprofit educational organizations upon showing that the proposed stations will be used primarily to serve the educational needs of the community; for the advancement of educational programs; and to furnish a nonprofit and noncommercial television broadcast service.'' Weaving together
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  • ``well established'' that children are uniquely susceptible to the persuasive messages contained in television advertising). While the CTA's limits on commercial matter in children's programming do not apply to noncommercial educational television stations, the extent to which these stations may engage in commercial activity is governed by other statutory and regulatory provisions. See 47 U.S.C. � 399B; 47 C.F.R. � 73.621. Section 399B permits public stations to provide facilities and services in exchange for remuneration as long as those uses do not interfere with the stations' provision of public telecommunications services. Section 399B does not permit, however, public broadcast stations to make their facilities ``available to any person for the broadcasting of any advertisement.'' 47 U.S.C. � 399B(a)(2). In addition, under
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  • section 1.115 of the Commission's rules. Minority seeks review of a Forfeiture Order in which the Enforcement Bureau (the ``Bureau'') imposed against Minority a forfeiture of $10,000 for its willful and repeated broadcast of advertisements over noncommercial educational Station KMTP-TV, San Francisco, California, in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''), and section 73.621(e) of the Commission's rules. In so acting, the Bureau also dismissed, as moot, Minority's related June 13, 2000, Request for Declaratory Ruling. In its Application for Review, Minority reiterates past arguments raised at the Bureau level. We find that these arguments were fully and correctly addressed in the Bureau's Order except to the extent that we take the opportunity to
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  • for violation of Section 399B of the Act and Section 73.503 of the Commission's rules when licensee aired over 800 promotional announcements on behalf of for-profit entities over a one-year period); Minority Television Project Inc., 17 FCC Rcd 15646 (EB, rel. Aug. 9, 2002) ($10,000 forfeiture imposed for numerous and egregious violations of Section 399B of the Act and Section 73.621(e) of the Commission's rules, but finding no other type of sanction to be necessary or justified at the time). 5 U.S.C. � 551 et seq. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998); Astroline Communications Co. v. FCC, 857 F.2d 1556, 1561-62 (D.C. Cir. 1988); Gencom, Inc., 832 F.2d 171, 180-81 (D.C. Cir. 1987); Citizens for Jazz on WRVR
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  • Section 399B of the Act permits public stations to provide facilities and services in exchange for remuneration as long as those uses do not interfere with the stations' provision of public telecommunications services. Section 399B, however, does not permit public broadcast stations to make their facilities "available to any person for the broadcasting of any advertisement." In addition, under Section 73.621 of the Commission's rules, public television stations are required to furnish primarily an educational as well as a nonprofit and noncommercial broadcast service. , the U.S. Court of Appeals for the District of Columbia Circuit upheld our DTV NCE A&S Order. We seek comment on what, if any, special rules or considerations should apply to noncommercial radio stations in light
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  • stage of this proceeding. Furthermore, the Commission rejected Minority's argument that the noncommercial underwriting statute, rules and policy impose an English-only standard or discriminate against non-English speakers or specific ideas in violation of the First Amendment or the equal protection guarantee of the Due Process Clause of the Fifth Amendment, finding that neither section 399B of the Act nor section 73.621(c) of the Commission's rules prohibit the use of a foreign language or discriminate against foreign language programming under the regulatory scheme. Accordingly, the Commission found no constitutional infirmity in the regulatory scheme. The Commission further declined Minority's request that it revisit its underwriting announcement standards and adopt ones that are ``capable of meaningful prospective use.'' Significantly, the Commission found that
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  • and upon showing that the station will be used for the advancement of an educational program. Although the Commission does not reserve frequencies for NCE use in the AM service, and thus has not codified noncommercial eligibility rules for this service, the Commission has treated AM stations that satisfy the NCE FM eligibility rules as noncommercial AM stations. Under Section 73.621 of the Commission's rules, public television stations are required to furnish primarily an educational as well as a nonprofit and noncommercial broadcast service. , the U.S. Court of Appeals for the District of Columbia Circuit upheld the DTV NCE A&S Order. In the DAB FNPRM, we sought comment on what, if any, special rules or considerations should apply to NCE
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  • since they will not improve Calvary's comparative posture under this criterion. Report and Order, 15 FCC Rcd at 7418. See Way of the Cross of Utah, Inc., 101 F.C.C. 2d 1368 (1985) (applicant must show that its governing board is broadly representative of the educational, cultural, and civic groups of the community). See 47 C.F.R. � 73.3572(b). 47 C.F.R. � 73.621(a). (...continued from previous page) (continued....) Federal Communications Commission FCC 08-179 Federal Communications Commission FCC 08-179 � $ � � � � � � � � � � � � � F �
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  • to claim points as an established local applicant must demonstrate that its governing documents, i.e., by-laws, require that such localism be maintained for at least four years of station operations. 15 FCC Rcd at 7424-26. See 47 C.F.R. �73.7000. See 47 C.F.R. �73.7003(b)(2). See 47 C.F.R. �73.7003(b)(3). See 47 C.F.R. �73.7003(b)(4). 15 FCC Rcd at 7423. See 47 C.F.R. � 73.621(a). (...continued from previous page) (continued....) Federal Communications Commission FCC 08-223 Federal Communications Commission FCC 08-223 � � � F � � 0 � � 0
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  • in order to conform the rule to Section 399B of the Act. Despite these changes and other liberalizations of the fundraising and donor acknowledgment rules, the Commission continued the ban on conducting fundraising activities which substantially alter or suspend regular programming and are designed to benefit any entity other than the station itself, codifying these requirements in Sections 73.503(d) and 73.621(e) of the Commission's rules. Those rules provide, in pertinent part, that ``[t]he scheduling of any announcements . . . may not interrupt regular programming.'' Commission staff has occasionally granted waivers of these rules in extraordinary circumstances. For example, the Commission granted a waiver to the licensee of an NCE television station to broadcast a three-hour fundraiser for Wolf Trap Foundation,
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  • accordance with their contractual rights. See 47 C.F.R. � 76.93. For a full explanation of the notification rules see In re Amendment of Parts 73 and 76 of the Commission's Rules relating to program exclusivity in the cable and broadcast industries, Report and Order, 3 FCC Rcd 5299, 5315 (1988). 47 C.F.R. �� 76.92(g), 76.56; see also 47 C.F.R. � 73.621 (general description of noncommercial educational stations). See 47 C.F.R. �� 76.95(a), 76.156(b); see also Program Exclusivity Order, 3 FCC Rcd. at 5314 (1988). In addition, a cable operator need not black out the syndicated programming of an otherwise distant station if that station's grade B signal encompasses the relevant cable community. See 47 C.F.R. � 76.156(a). In re Network Program
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  • of Non Commercial Educational Channels: Since 1952, the Commission has reserved a limited number of television channels for educational broadcasters, including Channel 16 in Pittsburgh. Applicants seeking to use NCE-reserved television channels have always been required to demonstrate that their programming will be ``primarily educational'' in nature and thus serve the educational purpose for which the channel was reserved. CFR 73.621(a). In a small number of cases, including the Cornerstone application, religious broadcasters have requested that they be certified as NCE TV broadcasters and thereby they become subject to the standards of an NCE TV station. Commission Defers to Judgment of Licensees: In all license transactions, the Commission generally defers to the program judgments and decisions of the licensees, and does
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  • scheduling, selection and presentation of programs aired on their stations. See Commercial TV Stations, 98 FCC 2d 1075, 1091-92 (1984). As discussed below, because the noncommercial educational broadcast service differs from the commercial service, applicants for reserved channels are required to demonstrate certain qualifications and meet other requirements not applicable to the commercial service. The NCETV Regulatory Framework - Section 73.621(a). The Commission first established a separate allocation for noncommercial educational broadcasting in 1945, when it set aside twenty percent of the FM radio band for use by noncommercial educational radio stations. Approximately five years later, the Commission conducted hearings on the need for educational television, with a total of 76 witnesses testifying on the issue. In 1952, the Commission reserved
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  • Cornerstone notified the Commission that it had terminated the agreements underlying the above-referenced transactions, and requested dismissal of its applications to acquire Channel *16 from WQED Pittsburgh and assign Channel 40 to Paxson. On our own motion, pursuant to 47 C.F.R. � 1.108, we hereby reconsider and vacate our decision, insofar as it provided additional guidance regarding compliance with Section 73.621(a), 47 C.F.R. � 73.621, of the Commission's rules. See WQED Pittsburgh at �� 43-44 and n.77. In an attempt to clarify what constitutes non-commercial educational programming, we offered additional guidance broadly, and attempted to apply that guidance to specific cases involving religious programming. Regrettably, it has become clear that our actions have created less certainty rather than more, contrary to
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  • not our intention. In response to commenters who are concerned about fairness to nonprofit corporations, who are not themselves eligible for accreditation because they are not institutions of learning, we clarify that such corporations may nevertheless qualify for the credit if they are providing programming to accredited schools in coordination with those schools. See 47 C.F.R. �� 73.503 (a) and 73.621(a). In this manner, applicants who will provide educational service to many schools, but who cannot achieve that goal without some signal contour overlap and resulting loss of the local diversity credit, will not be placed at a disadvantage in comparison to applicants serving a smaller number of schools. An applicant serving many schools would receive two points as a state-wide
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  • Ancillary or Supplementary Use of ) MM Docket No. 98-203 Digital Television Capacity by Noncommercial) Licensees )) REPORT AND ORDER Adopted: October 11, 2001 Released: October 17, 2001 By the Commission: Chairman Powell issuing a statement; Commissioner Copps dissenting and issuing a statement. Table of Contents Paragraph I. INTRODUCTION 1 II. BACKGROUND 2 III. ISSUE ANALYSIS A. Application of Section 73.621 of the Commission's Rules to Entire Digital Bitstream of NCE Licensees 7 B. Advertising 19 C. Payment of fees 34 IV. ADMINISTRATIVE MATTERS 46 Appendix A: Final Regulatory Flexibility Analysis Appendix B: List of Commenters Appendix C: Rule Changes I. INTRODUCTION 1. With this Report and Order, we clarify the manner in which noncommercial educational ("NCE") television licensees may use
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  • Finally, licensees of low power television, TV translator or TV booster, or FM translator or FM booster stations whose licenses were issued on or before October 1, 1999, and which have obtained a fee refund because of an NTIA facilities grant for their station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of � 73.621 of the Commission's Rules, are similarly exempt from payment of this regulatory fee. Licensees claiming an exemption based on one of these latter criteria should not submit payment. The Commission requires that each exempt entity submit, or have on file with the Commission, a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from
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  • Finally, licensees of low power television, TV translator or TV booster, or FM translator or FM booster stations whose licenses were issued on or before October 1, 2000, and which have obtained a fee refund because of an NTIA facilities grant for their station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of � 73.621 of the Commission's Rules, are similarly exempt from payment of this regulatory fee. Licensees claiming an exemption based on one of these latter criteria should not submit payment. The Commission requires that each exempt entity submit, or have on file with the Commission, a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from
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  • issue is likely just a question of time. I fear that, in the meanwhile, the speech of religious broadcasters operating on the NCE band will be chilled and that, when the issue again comes to a head at the Commission, their speech will be directly abridged. Thank you again for inviting me to appear before you today. 47 C.F.R. section 73.621. WQEX-WQED Order at para. 43. Id. at para. 44. See 512 U.S. 622, 651 (1994) (observing that ``[w]hat is important for [First Amendment] purposes. . . is that noncommercial licensees are not required by statute to or regulation to carry any specific quantity of `educational' programming or any particular `educational' programs''). See 515 U.S. 819, 828-837 (1995) (holding that denial
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit STATEMENT OF CHAIRMAN WILLIAM KENNARD AND COMMISSIONER GLORIA TRISTANI, DISSENTING IN PART We disagree with the majority's decision not to designate Cornerstone's application for hearing. Under Section 73.621 of our rules, an applicant for a reserved channel must demonstrate that the station ``will be used primarily to serve the educational needs of the community.'' If there is any substantial and material question of fact on that issue, the Commission must designate the application for hearing on the issue of whether the applicant's proposed programming is primarily educational. Here,
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  • material question of fact concerning the reasonableness of the applicant's judgment that its proposed programming will be ``used primarily'' to serve the ``educational'' needs of the station's community. My decision is based upon the application of our current overly general guidelines to Cornerstone's program showing and Cornerstone's apparent willingness to modify its programming to comply with the requirements of Section 73.621, which should include any clarification we provide. Given the consequence of this decision, I write separately to explain why I cannot hold the applicant's judgment to be ``arbitrary or unreasonable.'' As the recitation of our precedent in the decision we release today makes clear, ``as in all matters relating to programming, we will defer to the judgment of the broadcaster
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  • 7, 2002 Released: August 9, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television station KMTP-TV, San Francisco, California, apparently violated Section 399B of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. 399b, and Section 73.621 of the Commission's rules, 47 C.F.R. 73.621, by willfully and repeatedly broadcasting advertisements. Based on our review of the facts and circumstances of this case, we conclude that Minority is apparently liable for a monetary forfeiture in the amount of Ten Thousand Dollars ($10,000.00). II. Background 2. This case arises from allegations raised in a pending Media Bureau (``MB'') proceeding,
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  • Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Forfeiture Order, we impose a forfeiture of $10,000 on Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television Station KMTP-TV, San Francisco, California, for its willful and repeated broadcast of advertisements over the station, in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.621(e) of the Commission's rules.2 We take this action pursuant to 47 U.S.C. 503(b)(1)(D) and 47 C.F.R. 1.80(f)(4). We further dismiss Minority's pending June 13, 2000, Request for Declaratory Ruling as moot. II. BACKGROUND 2. This case arose from allegations raised in a Media Bureau (``MB'') proceeding and referred to the Enforcement Bureau (``Bureau'') for resolution. In the MB proceeding, Minority
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  • 22, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into the possible violation by Fort Wayne Public Television, Inc. (``Fort Wayne''), licensee of noncommercial educational television Station WFWA(TV)/DT, Fort Wayne, Indiana, of section 399B of the Communications Act of 1934, as amended,1 and section 73.621(d) of the Commission's rules,2 in connection with the broadcast by Fort Wayne of underwriting acknowledgments over Station WFWA(TV)/DT. 2. The Bureau and Fort Wayne have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
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  • section 1.115 of the Commission's rules.1 Minority seeks review of a Forfeiture Order2 in which the Enforcement Bureau (the ``Bureau'') imposed against Minority a forfeiture of $10,000 for its willful and repeated broadcast of advertisements over noncommercial educational Station KMTP-TV, San Francisco, California, in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),3 and section 73.621(e) of the Commission's rules.4 In so acting, the Bureau also dismissed, as moot, Minority's related June 13, 2000, Request for Declaratory Ruling. In its Application for Review, Minority reiterates past arguments raised at the Bureau level. We find that these arguments were fully and correctly addressed in the Bureau's Order except to the extent that we take the opportunity to
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  • APPARENT LIABILITY FOR FORFEITURE Adopted: 02/08/2005 Released: 02/09/2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television Station KMTP-TV, San Francisco, California, has apparently violated section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.621 of the Commission's rules,2 by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Minority is apparently liable for a monetary forfeiture in the amount of $7,500. II. BACKGROUND 2. This case arises from allegations contained in a reply pleading filed with the Commission by Lincoln Broadcasting Company
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  • stage of this proceeding.7 Furthermore, the Commission rejected Minority's argument that the noncommercial underwriting statute, rules and policy impose an English-only standard or discriminate against non-English speakers or specific ideas in violation of the First Amendment or the equal protection guarantee of the Due Process Clause of the Fifth Amendment, finding that neither section 399B of the Act nor section 73.621(c) of the Commission's rules prohibit the use of a foreign language or discriminate against foreign language programming under the regulatory scheme.8 Accordingly, the Commission found no constitutional infirmity in the regulatory scheme.9 The Commission further declined Minority's request that it revisit its underwriting announcement standards and adopt ones that are ``capable of meaningful prospective use.''10 Significantly, the Commission found that
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  • Inc.; Educational Broadcasting Corporation; Educational Public TV Corporation; Community Television Educators, Inc.; Ho'ona'auao Community TV, Inc.; and Puget Sound Educational TV, Inc. (each of which does business as Daystar Television Network) (collectively, "Daystar"). The Consent Decree terminates an investigation by the Bureau against Daystar for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.621(e) of the Commission's Rules regarding the broadcast by Daystar of underwriting acknowledgments over its noncommercial educational televisions Stations KLTJ(TV), Galveston, Texas; KDTN(TV), Denton, Texas; KRMT(TV), Denver, Colorado; KKAP(TV), Little Rock, Arkansas; WYDN(TV), Worcester, Massachusetts; KDTP(TV), Holbrook, Arizona; KWBN(TV), Honolulu, Hawaii; and KWDK(TV), Tacoma, Washington. 2. The Bureau and Daystar have negotiated the terms of the Consent Decree that resolve this
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2738A2.html
  • Community Television Educators, Inc.; Ho'ona'auao Community TV, Inc.; and Puget Sound Educational TV, Inc. (each of which does business as Daystar Television Network) (collectively, "Daystar"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into whether Daystar violated Section 399B of the Communications Act of 1934, as amended, and Section 73.621(e) of the Commission's Rules, in connection with the broadcast by Daystar of underwriting acknowledgments over its noncommercial educational Stations KLTJ(TV), Galveston, Texas; KDTN(TV), Denton, Texas; KRMT(TV), Denver, Colorado; KKAP(TV), Little Rock, Arkansas; WYDN(TV), Worcester, Massachusetts; KDTP(TV), Holbrook, Arizona; KWBN(TV), Honolulu, Hawaii; and KWDK(TV), Tacoma, Washington. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply:
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2011A2.html
  • of the Station. j. "Parties" mean the Licensee and the Bureau. k. "Rules" mean the Commission's regulations found in Title 47 of the Code of Federal Regulations. l. "Station" means noncommercial educational Station WKSG (FM), Cedar Creek, Florida (Facility ID No. 9714). m. "Underwriting Laws" mean Section 399B of the Communications Act of 1934, 47 U.S.C. S: 399b, and Section 73.621 (e) of the Commission's Rules, 47 C.F.R. S: 73.621 (e). II. BACKGROUND 3. Pursuant to Section 399b(a) of the Act and Section 73.503(d) of the Rules, advertisements are defined as program material broadcast "in exchange for any remuneration" and intended to "promote any service, facility, or product" of for-profit entities. Section 399b(b)(2) specifically provides that noncommercial educational stations may not
• http://transition.fcc.gov/eb/Orders/da00511.doc http://transition.fcc.gov/eb/Orders/da00511.html http://transition.fcc.gov/eb/Orders/da00511.txt
  • statutory prohibition against the broadcast of advertisements on noncommercial stations. Specifically, we reduce the proposed amount from $5,000 to $2,000 and limit our action to WTTW's admitted violations. . In the NAL, the Chief, Mass Media Bureau, determined that WTTW had broadcast announcements promoting for-profit entities in apparent violation of Section 399B of the Communications Act, as amended, and Section 73.621(e) of the Commission's rules. In support of the monetary forfeiture, the NAL cited announcements made on behalf of program sponsors Zenith, Amoco, and Sun America. The NAL also found that the text of an announcement made on behalf of Prudential exceeded the bounds of our rules, but that announcement was not considered in setting the forfeiture amount because it was
• http://transition.fcc.gov/eb/broadcast/enhund.html
  • | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People ENHANCED UNDERWRITING FOR NON-COMMERCIAL BROADCAST STATIONS [10]Skip Breadcrumb Site Navigation Links [11]FCC > [12]EB > [13]Broadcast > Enhanced Non-Commercial Underwriting [14]site map Search the FCC: _______________ Submit [15]Help | [16]Advanced | [17]Share Section 399B of the Communications Act of 1934, as amended (47 U.S.C. 399b) and Sections 73.503 and 73.621 of the Commission's rules, (47 C.F.R. 73.503 and 73.621) govern enhanced underwriting issues related to non-commercial broadcast stations. For information regarding these provisions, click [18]here. The Enforcement Bureau's [19]Investigations & Hearings Division is responsible for investigating complaints regarding violations of the non-commercial broadcast station enhanced underwriting rules. Enforcement Actions 05-17-2012 [20]Cesar Chavez Foundation (FORFEITURE ORDER) 04-20-2012 [21]CAPSTAR TX LLC (ORDER
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [294]TEXT [295]PDF 73.609 Zones. [296]TEXT [297]PDF 73.610 Minimum distance separations between stations. [298]TEXT [299]PDF 73.611 Reference points and distance computations. [300]TEXT [301]PDF 73.612 Protection from interference. [302]TEXT [303]PDF 73.613 Protection of Class A TV stations. [304]TEXT [305]PDF 73.614 Power and antenna height requirements. [306]TEXT [307]PDF 73.615 Administrative changes in authorizations. [308]TEXT [309]PDF 73.616 Post-transition DTV station interference protection. [310]TEXT [311]PDF 73.621 Noncommercial educational TV stations. [312]TEXT [313]PDF 73.622 Digital television table of allotments. [314]TEXT [315]PDF 73.623 DTV applications and changes to DTV allotments. [316]TEXT [317]PDF 73.624 Digital television broadcast stations. [318]TEXT [319]PDF 73.625 DTV coverage of principal community and antenna system. [320]TEXT [321]PDF 73.635 Use of common antenna site. [322]TEXT [323]PDF 73.641 Subscription TV definitions. [324]TEXT [325]PDF 73.642 Subscription TV service.
• http://transition.fcc.gov/fcc-bin/audio/nature.html
  • Acknowledgements * [50]Program Related Materials * [51]Recent Orders * [52]Contact for More Information * [53]Comments and Suggestions About this Page __________________________________________________________________ Related information about broadcast stations is located at: [54]Audio Division -- [55]Video Division -- [56]Media Bureau [57]Federal Communications Commission __________________________________________________________________ Announcements Promoting Goods and Services Section 399B of the Communication's Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of our rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. These rules, however, permit contributors of funds to the station to receive on-air acknowledgements. The Commission has articulated specific guidelines which emphasize the difference between permissible donor and
• http://transition.fcc.gov/ocbo/FCC01_306.pdf
  • FCC Clarifies Rules for Noncommercial Television Stations' Use of Digital Television Channel Capacity http://ftp.fcc.gov/Bureaus/Mass_Media/News_Releases/2001/nrmm0111.html Fact Sheet � Public Television Stations in the Digital Age http://www.fcc.gov/cgb/consumerfacts/digitalpublicTV.html Compliance Requirements Broadcast Services Noncommercial educational (NCE) television licensees must use their entire digital capacity primarily for a nonprofit, noncommercial, educational broadcast service and provide at least one free over-the-air broadcast service (47 U.S.C. � 73.621). Primarily is considered to mean "substantial majority" of their entire digital capacity. NCE television licensees continue to be prohibited from providing advertising on their free over-the-air broadcast service (47 U.S.C. � 399B). Additional limitations on the extent to which NCE television licensees can engage in commercial ventures include continued operation within their nonprofit educational mission upon which their tax exempt
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • any other mutually exclusive applicant for commercial frequencies. 21. Discussion. Under current Commission regulations, certain television channels and FM frequencies are reserved solely for noncommercial educational use. Nonreserved broadcast channels are usually called "commercial." Currently, noncommercial educational applicants may apply for commercial channels under the same application procedures as commercial applicants. Upon establishment of their qualifications under Sections 73.503 or 73.621, the stations are licensed as noncommercial stations. Because of this dichotomy and as the comments we received in response to the Notice made clear, applying the exemption set forth in Section 309(j)(2)(C) in situations where one or more of the mutually exclusive applicants for a broadcast license on a commercial frequency seeks to establish a noncommercial broadcast station is not
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • any other mutually exclusive applicant for commercial frequencies. 21. Discussion. Under current Commission regulations, certain television channels and FM frequencies are reserved solely for noncommercial educational use. Nonreserved broadcast channels are usually called "commercial." Currently, noncommercial educational applicants may apply for commercial channels under the same application procedures as commercial applicants. Upon establishment of their qualifications under Sections 73.503 or 73.621, the stations are licensed as noncommercial stations. Because of this dichotomy and as the comments we received in response to the Notice made clear, applying the exemption set forth in Section 309(j)(2)(C) in situations where one or more of the mutually exclusive applicants for a broadcast license on a commercial frequency seeks to establish a noncommercial broadcast station is not
• http://wireless.fcc.gov/auctions/82/releases/d011300a.pdf
  • and indicate in an exhibit whether they are a general or limited partnership. Item 9. Applicant Status: Place an [X] in the appropriate box or boxes preceding the type of entity. The definition of "noncommercial educational" entity applies to broadcast applicants only and is contained in 47 U.S.C. 397(6) and 47 C.F.R. � 73.503(a) (for radio) and 47 C.F.R. � 73.621(a) (for television). The definitions for "rural telephone company", "minority owned business", and "woman owned business" are contained in 47 C.F.R. � 1.2110. Applicant status information concerning rural telephone companies, minority-owned businesses and women-owned businesses is collected for statistical purposes only. Item 10. Bidding Credit Eligibility: If bidding in a wireless auction, place an [X] in the box preceding the Small
• http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00004.doc http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00004.txt
  • accordance with their contractual rights. See 47 C.F.R. � 76.93. For a full explanation of the notification rules see In re Amendment of Parts 73 and 76 of the Commission's Rules relating to program exclusivity in the cable and broadcast industries, Report and Order, 3 FCC Rcd 5299, 5315 (1988). 47 C.F.R. �� 76.92(g), 76.56; see also 47 C.F.R. � 73.621 (general description of noncommercial educational stations). See 47 C.F.R. �� 76.95(a), 76.156(b); see also Program Exclusivity Order, 3 FCC Rcd. at 5314 (1988). In addition, a cable operator need not black out the syndicated programming of an otherwise distant station if that station's grade B signal encompasses the relevant cable community. See 47 C.F.R. � 76.156(a). In re Network Program
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000511.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000511.txt
  • statutory prohibition against the broadcast of advertisements on noncommercial stations. Specifically, we reduce the proposed amount from $5,000 to $2,000 and limit our action to WTTW's admitted violations. . In the NAL, the Chief, Mass Media Bureau, determined that WTTW had broadcast announcements promoting for-profit entities in apparent violation of Section 399B of the Communications Act, as amended, and Section 73.621(e) of the Commission's rules. In support of the monetary forfeiture, the NAL cited announcements made on behalf of program sponsors Zenith, Amoco, and Sun America. The NAL also found that the text of an announcement made on behalf of Prudential exceeded the bounds of our rules, but that announcement was not considered in setting the forfeiture amount because it was
• http://www.fcc.gov/Bureaus/Mass_Media/Factsheets/128-fact.doc http://www.fcc.gov/Bureaus/Mass_Media/Factsheets/128-fact.html http://www.fcc.gov/Bureaus/Mass_Media/Factsheets/128-fact.txt
  • of Non Commercial Educational Channels: Since 1952, the Commission has reserved a limited number of television channels for educational broadcasters, including Channel 16 in Pittsburgh. Applicants seeking to use NCE-reserved television channels have always been required to demonstrate that their programming will be ``primarily educational'' in nature and thus serve the educational purpose for which the channel was reserved. CFR 73.621(a). In a small number of cases, including the Cornerstone application, religious broadcasters have requested that they be certified as NCE TV broadcasters and thereby they become subject to the standards of an NCE TV station. Commission Defers to Judgment of Licensees: In all license transactions, the Commission generally defers to the program judgments and decisions of the licensees, and does
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99393.txt
  • scheduling, selection and presentation of programs aired on their stations. See Commercial TV Stations, 98 FCC 2d 1075, 1091-92 (1984). As discussed below, because the noncommercial educational broadcast service differs from the commercial service, applicants for reserved channels are required to demonstrate certain qualifications and meet other requirements not applicable to the commercial service. The NCETV Regulatory Framework - Section 73.621(a). The Commission first established a separate allocation for noncommercial educational broadcasting in 1945, when it set aside twenty percent of the FM radio band for use by noncommercial educational radio stations. Approximately five years later, the Commission conducted hearings on the need for educational television, with a total of 76 witnesses testifying on the issue. In 1952, the Commission reserved
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00025.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00025.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00025.txt
  • Cornerstone notified the Commission that it had terminated the agreements underlying the above-referenced transactions, and requested dismissal of its applications to acquire Channel *16 from WQED Pittsburgh and assign Channel 40 to Paxson. On our own motion, pursuant to 47 C.F.R. � 1.108, we hereby reconsider and vacate our decision, insofar as it provided additional guidance regarding compliance with Section 73.621(a), 47 C.F.R. � 73.621, of the Commission's rules. See WQED Pittsburgh at �� 43-44 and n.77. In an attempt to clarify what constitutes non-commercial educational programming, we offered additional guidance broadly, and attempted to apply that guidance to specific cases involving religious programming. Regrettably, it has become clear that our actions have created less certainty rather than more, contrary to
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • not our intention. In response to commenters who are concerned about fairness to nonprofit corporations, who are not themselves eligible for accreditation because they are not institutions of learning, we clarify that such corporations may nevertheless qualify for the credit if they are providing programming to accredited schools in coordination with those schools. See 47 C.F.R. �� 73.503 (a) and 73.621(a). In this manner, applicants who will provide educational service to many schools, but who cannot achieve that goal without some signal contour overlap and resulting loss of the local diversity credit, will not be placed at a disadvantage in comparison to applicants serving a smaller number of schools. An applicant serving many schools would receive two points as a state-wide
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01306.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01306.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01306.txt
  • or Supplementary Use of ) MM Docket No. 98-203 Digital Television Capacity by Noncommercial ) Licensees ) ) REPORT AND ORDER Adopted: October 11, 2001 Released: October 17, 2001 By the Commission: Chairman Powell issuing a statement; Commissioner Copps dissenting and issuing a statement. Table of Contents Paragraph I. INTRODUCTION 1 II. BACKGROUND 2 III. ISSUE ANALYSIS Application of Section 73.621 of the Commission's Rules to Entire Digital Bitstream of NCE Licensees 7 B. Advertising 19 C. Payment of fees 34 IV. ADMINISTRATIVE MATTERS 46 Appendix A: Final Regulatory Flexibility Analysis Appendix B: List of Commenters Appendix C: Rule Changes I. INTRODUCTION With this Report and Order, we clarify the manner in which noncommercial educational ("NCE") television licensees may use their
• http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0005.doc http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0005.pdf
  • Finally, licensees of low power television, TV translator or TV booster, or FM translator or FM booster stations whose licenses were issued on or before October 1, 1999, and which have obtained a fee refund because of an NTIA facilities grant for their station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of � 73.621 of the Commission's Rules, are similarly exempt from payment of this regulatory fee. Licensees claiming an exemption based on one of these latter criteria should not submit payment. The Commission requires that each exempt entity submit, or have on file with the Commission, a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from
• http://www.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0105.doc http://www.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0105.pdf
  • Finally, licensees of low power television, TV translator or TV booster, or FM translator or FM booster stations whose licenses were issued on or before October 1, 2000, and which have obtained a fee refund because of an NTIA facilities grant for their station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of � 73.621 of the Commission's Rules, are similarly exempt from payment of this regulatory fee. Licensees claiming an exemption based on one of these latter criteria should not submit payment. The Commission requires that each exempt entity submit, or have on file with the Commission, a current IRS Determination Letter documenting its nonprofit status, a certification of governmental authority, or certification from
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020809.html
  • 2001. WTB. Contact: Joy Alford at (202) 418-0694 [68]DA-02-1964A1.doc [69]DA-02-1964A2.xls [70]DA-02-1964A3.xls [71]DA-02-1964A1.pdf [72]DA-02-1964A2.pdf [73]DA-02-1964A3.pdf [74]DA-02-1964A1.txt [75]DA-02-1964A2.txt [76]DA-02-1964A3.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MINORITY TELEVISION PROJECT, INC. (MINORITY). Issued a NAL proposing a $10,000 forfeiture against Minority, licensee of noncommercial television station KMTP-TV, San Francisco, CA for apparently violating Section 399B of the Communications Act of 1934, as amended, and Section 73.621 of the FCC rules. Action by: Chief, Enforcement Bureau. Adopted: 08/07/2002 by NAL. (DA No. 02-1945). EB [77]DA-02-1945A1.doc [78]DA-02-1945A1.pdf [79]DA-02-1945A1.txt WREN, GA. Amended the DTV Table of Allotments for this community. (Dkt No. 02-104). Action by: Chief, Video Division, MB. Adopted: 08/02/2002 by R&O. (DA No. 02-1899). MB [80]DA-02-1899A1.doc [81]DA-02-1899A1.pdf [82]DA-02-1899A1.txt WAILKUKU, HI.. Proposed Amendment of the DTV Table of
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081223.html
  • Decree between the Enforcement Bureau and AT&T, Inc. concerning AT&T's apparent failure to respond to informal consumer complaints. Action by: Chief, Enforcement Bureau. Adopted: 12/19/2008 by Consent Decree. (DA No. 08-2729). EB [111]DA-08-2729A1.doc [112]DA-08-2729A1.pdf [113]DA-08-2729A1.txt DAYSTAR TELEVISION NETWORK. Terminated an investigation by the Bureau against Daystar for possible violations of Section 399B of the Communications Act of 1934 and Section 73.621(e) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 12/19/2008 by Consent Decree. (DA No. 08-2738). EB [114]DA-08-2738A1.doc [115]DA-08-2738A2.doc [116]DA-08-2738A1.pdf [117]DA-08-2738A2.pdf [118]DA-08-2738A1.txt [119]DA-08-2738A2.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287483A2.txt 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287483A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287482A2.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287482A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287498A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287498A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287513A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287513A1.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2778A1.doc 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2778A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2778A1.txt 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2735A1.doc 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2735A2.doc 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2735A1.pdf 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2735A2.pdf 16. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2735A1.txt 17. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2735A2.txt 18.
• http://www.fcc.gov/Forms/Form175/175.pdf
  • and indicate in an exhibit whether they are a general or limited partnership. Item 9. Applicant Status: Place an [X] in the appropriate box or boxes preceding the type of entity. The definition of "noncommercial educational" entity applies to broadcast applicants only and is contained in 47 U.S.C. 397(6) and 47 C.F.R. � 73.503(a) (for radio) and 47 C.F.R. � 73.621(a) (for television). The definitions for "rural telephone company", "minority owned business", and "woman owned business" are contained in 47 C.F.R. � 1.2110. Applicant status information concerning rural telephone companies, minority-owned businesses and women-owned businesses is collected for statistical purposes only. Item 10. Bidding Credit Eligibility: If bidding in a wireless auction, place an [X] in the box preceding the Small
• http://www.fcc.gov/Forms/Form301-CA/301ca.pdf
  • on a noncommercial educational basis. A licensee or permittee of a low power television or television translator station, which is filing a major change application and which earlier obtained either a fee refund because of a NTIA facilities grant for that station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of 47 C.F.R. Section 73.621, is similarly exempt from payment of this fee. See 47 C.F.R. Section 1.1112. There are no fees required with the submission of a minor change application. When filing a fee-exempt application, an applicant must complete Item 3 and provide an explanation as appropriate. Applications NOT subject to a fee may be hand-delivered or mailed to the FCC at its Washington,
• http://www.fcc.gov/Forms/Form302-CA/302ca.pdf
  • or to make major changes in the authorized facilities of such stations, provided those stations will be operated or operate on a noncommercial educational basis. Applicants that earlier obtained either a fee refund because of a NTIA facilities grant for the station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of 47 C.F.R. Section 73.621, are similarly exempt from payment of this fee. See 47 C.F.R. Section 1.1114. When filing a fee-exempt application, an applicant must complete Item 3 and provide an explanation as appropriate. Applications NOT subject to a fee may be 3 hand-delivered or mailed to the FCC at its Washington, D.C. offices. See 47 C.F.R. Section 0.401(a). Fee- exempt applications should not
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • a primary noncommercial educational station, but are not co-owned by the licensee of such a station, are required to file fees. Renewal applications that earlier obtained either a fee refund because of an NTIA facilities grant for the stations or a fee waiver because of demonstrated compliance with the eligibility and service requirements of 47 C.F.R. � 73.503 or � 73.621, and that continue to operate those stations on a noncommercial basis, are similarly exempted from this fee. See 47 C.F.R. � 1.112. To avail itself of any fee exemption, the renewal applicant must indicate its eligibility by checking the appropriate box in Item 3, Section I. When filing a fee-exempt application, an applicant must complete Item 3 and provide an
• http://www.fcc.gov/Forms/Form340/340.pdf
  • Applicants not previously approved or planning to advance a program dissimilar from one previously approved must establish their qualifications. The applicant must provide an exhibit showing that it has an educational objective and that the station will be used for the advancement of an educational program that will further that objective in accordance with 47 C.F.R. Sections 73.503 (radio) or 73.621 (TV). In considering these requirements, emphasis is placed on proposed station programs which are clearly educational in nature, i.e., actually involve teaching or instruction, whether for formal credit or not. However, it is not necessary that the proposed station's programming be exclusively educational in nature. Also, all programming on the station must be noncommercial in nature, with no advertisements, and
• http://www.fcc.gov/Forms/Form346/346.pdf
  • on a noncommercial educational basis. A licensee or permittee of a low power television or television translator station, which is filing a major change application and which earlier obtained either a fee refund because of a NTIA facilities grant for that station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of 47 C.F.R. Section 73.621, is similarly exempt from payment of this fee. See 47 C.F.R. Section 1.1112. There are no fees required with the submission of a minor change application. When filing a fee-exempt application, an applicant must complete Item 3 and provide an explanation as appropriate. Applications NOT subject to a fee may be hand-delivered or mailed to the FCC at its Washington,
• http://www.fcc.gov/Forms/Form347/347.pdf
  • or to make major changes in the authorized facilities of such stations, provided those stations will be operated or operate on a noncommercial educational basis. Applicants that earlier obtained either a fee refund because of a NTIA facilities grant for the station or a fee waiver because of demonstrated compliance with the eligibility and service requirements of 47 C.F.R. Section 73.621, are similarly exempt from payment of this fee. See 47 C.F.R. Section 1.1114. When filing a fee-exempt application, an applicant must 3 complete Item 3 and provide an explanation as appropriate. Applications NOT subject to a fee may be hand-delivered or mailed to the FCC at its Washington, D.C. offices. See 47 C.F.R. Section 0.401(a). Fee- exempt applications should not
• http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr017.doc http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr017.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr017.txt
  • issue is likely just a question of time. I fear that, in the meanwhile, the speech of religious broadcasters operating on the NCE band will be chilled and that, when the issue again comes to a head at the Commission, their speech will be directly abridged. Thank you again for inviting me to appear before you today. 47 C.F.R. section 73.621. WQEX-WQED Order at para. 43. Id. at para. 44. See 512 U.S. 622, 651 (1994) (observing that ``[w]hat is important for [First Amendment] purposes. . . is that noncommercial licensees are not required by statute to or regulation to carry any specific quantity of `educational' programming or any particular `educational' programs''). See 515 U.S. 819, 828-837 (1995) (holding that denial
• http://www.fcc.gov/Speeches/Kennard/Statements/stwek974.doc http://www.fcc.gov/Speeches/Kennard/Statements/stwek974.html http://www.fcc.gov/Speeches/Kennard/Statements/stwek974.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit STATEMENT OF CHAIRMAN WILLIAM KENNARD AND COMMISSIONER GLORIA TRISTANI, DISSENTING IN PART We disagree with the majority's decision not to designate Cornerstone's application for hearing. Under Section 73.621 of our rules, an applicant for a reserved channel must demonstrate that the station ``will be used primarily to serve the educational needs of the community.'' If there is any substantial and material question of fact on that issue, the Commission must designate the application for hearing on the issue of whether the applicant's proposed programming is primarily educational. Here,
• http://www.fcc.gov/Speeches/Ness/States/stsn937.doc http://www.fcc.gov/Speeches/Ness/States/stsn937.html http://www.fcc.gov/Speeches/Ness/States/stsn937.txt
  • material question of fact concerning the reasonableness of the applicant's judgment that its proposed programming will be ``used primarily'' to serve the ``educational'' needs of the station's community. My decision is based upon the application of our current overly general guidelines to Cornerstone's program showing and Cornerstone's apparent willingness to modify its programming to comply with the requirements of Section 73.621, which should include any clarification we provide. Given the consequence of this decision, I write separately to explain why I cannot hold the applicant's judgment to be ``arbitrary or unreasonable.'' As the recitation of our precedent in the decision we release today makes clear, ``as in all matters relating to programming, we will defer to the judgment of the broadcaster
• http://www.fcc.gov/eb/Orders/2002/DA-02-1945A1.html
  • 7, 2002 Released: August 9, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television station KMTP-TV, San Francisco, California, apparently violated Section 399B of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. 399b, and Section 73.621 of the Commission's rules, 47 C.F.R. 73.621, by willfully and repeatedly broadcasting advertisements. Based on our review of the facts and circumstances of this case, we conclude that Minority is apparently liable for a monetary forfeiture in the amount of Ten Thousand Dollars ($10,000.00). II. Background 2. This case arises from allegations raised in a pending Media Bureau (``MB'') proceeding,
• http://www.fcc.gov/eb/Orders/2003/DA-03-4062A1.html
  • Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Forfeiture Order, we impose a forfeiture of $10,000 on Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television Station KMTP-TV, San Francisco, California, for its willful and repeated broadcast of advertisements over the station, in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.621(e) of the Commission's rules.2 We take this action pursuant to 47 U.S.C. 503(b)(1)(D) and 47 C.F.R. 1.80(f)(4). We further dismiss Minority's pending June 13, 2000, Request for Declaratory Ruling as moot. II. BACKGROUND 2. This case arose from allegations raised in a Media Bureau (``MB'') proceeding and referred to the Enforcement Bureau (``Bureau'') for resolution. In the MB proceeding, Minority
• http://www.fcc.gov/eb/Orders/2004/DA-04-3325A1.html
  • 22, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into the possible violation by Fort Wayne Public Television, Inc. (``Fort Wayne''), licensee of noncommercial educational television Station WFWA(TV)/DT, Fort Wayne, Indiana, of section 399B of the Communications Act of 1934, as amended,1 and section 73.621(d) of the Commission's rules,2 in connection with the broadcast by Fort Wayne of underwriting acknowledgments over Station WFWA(TV)/DT. 2. The Bureau and Fort Wayne have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
• http://www.fcc.gov/eb/Orders/2004/FCC-04-293A1.html
  • section 1.115 of the Commission's rules.1 Minority seeks review of a Forfeiture Order2 in which the Enforcement Bureau (the ``Bureau'') imposed against Minority a forfeiture of $10,000 for its willful and repeated broadcast of advertisements over noncommercial educational Station KMTP-TV, San Francisco, California, in violation of section 399B of the Communications Act of 1934, as amended (the ``Act''),3 and section 73.621(e) of the Commission's rules.4 In so acting, the Bureau also dismissed, as moot, Minority's related June 13, 2000, Request for Declaratory Ruling. In its Application for Review, Minority reiterates past arguments raised at the Bureau level. We find that these arguments were fully and correctly addressed in the Bureau's Order except to the extent that we take the opportunity to
• http://www.fcc.gov/eb/Orders/2005/DA-04-348A1.html
  • APPARENT LIABILITY FOR FORFEITURE Adopted: 02/08/2005 Released: 02/09/2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television Station KMTP-TV, San Francisco, California, has apparently violated section 399B of the Communications Act of 1934, as amended (the ``Act''),1 and section 73.621 of the Commission's rules,2 by willfully and repeatedly broadcasting prohibited advertisements. Based upon our review of the facts and circumstances of this case, we conclude that Minority is apparently liable for a monetary forfeiture in the amount of $7,500. II. BACKGROUND 2. This case arises from allegations contained in a reply pleading filed with the Commission by Lincoln Broadcasting Company
• http://www.fcc.gov/eb/Orders/2005/FCC-05-180A1.html
  • stage of this proceeding.7 Furthermore, the Commission rejected Minority's argument that the noncommercial underwriting statute, rules and policy impose an English-only standard or discriminate against non-English speakers or specific ideas in violation of the First Amendment or the equal protection guarantee of the Due Process Clause of the Fifth Amendment, finding that neither section 399B of the Act nor section 73.621(c) of the Commission's rules prohibit the use of a foreign language or discriminate against foreign language programming under the regulatory scheme.8 Accordingly, the Commission found no constitutional infirmity in the regulatory scheme.9 The Commission further declined Minority's request that it revisit its underwriting announcement standards and adopt ones that are ``capable of meaningful prospective use.''10 Significantly, the Commission found that
• http://www.fcc.gov/eb/Orders/2008/DA-08-2738A1.html
  • Inc.; Educational Broadcasting Corporation; Educational Public TV Corporation; Community Television Educators, Inc.; Ho'ona'auao Community TV, Inc.; and Puget Sound Educational TV, Inc. (each of which does business as Daystar Television Network) (collectively, "Daystar"). The Consent Decree terminates an investigation by the Bureau against Daystar for possible violations of Section 399B of the Communications Act of 1934, as amended, and Section 73.621(e) of the Commission's Rules regarding the broadcast by Daystar of underwriting acknowledgments over its noncommercial educational televisions Stations KLTJ(TV), Galveston, Texas; KDTN(TV), Denton, Texas; KRMT(TV), Denver, Colorado; KKAP(TV), Little Rock, Arkansas; WYDN(TV), Worcester, Massachusetts; KDTP(TV), Holbrook, Arizona; KWBN(TV), Honolulu, Hawaii; and KWDK(TV), Tacoma, Washington. 2. The Bureau and Daystar have negotiated the terms of the Consent Decree that resolve this
• http://www.fcc.gov/eb/Orders/2008/DA-08-2738A2.html
  • Community Television Educators, Inc.; Ho'ona'auao Community TV, Inc.; and Puget Sound Educational TV, Inc. (each of which does business as Daystar Television Network) (collectively, "Daystar"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into whether Daystar violated Section 399B of the Communications Act of 1934, as amended, and Section 73.621(e) of the Commission's Rules, in connection with the broadcast by Daystar of underwriting acknowledgments over its noncommercial educational Stations KLTJ(TV), Galveston, Texas; KDTN(TV), Denton, Texas; KRMT(TV), Denver, Colorado; KKAP(TV), Little Rock, Arkansas; WYDN(TV), Worcester, Massachusetts; KDTP(TV), Holbrook, Arizona; KWBN(TV), Honolulu, Hawaii; and KWDK(TV), Tacoma, Washington. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply:
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  • statutory prohibition against the broadcast of advertisements on noncommercial stations. Specifically, we reduce the proposed amount from $5,000 to $2,000 and limit our action to WTTW's admitted violations. . In the NAL, the Chief, Mass Media Bureau, determined that WTTW had broadcast announcements promoting for-profit entities in apparent violation of Section 399B of the Communications Act, as amended, and Section 73.621(e) of the Commission's rules. In support of the monetary forfeiture, the NAL cited announcements made on behalf of program sponsors Zenith, Amoco, and Sun America. The NAL also found that the text of an announcement made on behalf of Prudential exceeded the bounds of our rules, but that announcement was not considered in setting the forfeiture amount because it was
• http://www.fcc.gov/eb/broadcast/enhund.html
  • | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People ENHANCED UNDERWRITING FOR NON-COMMERCIAL BROADCAST STATIONS [10]Skip Breadcrumb Site Navigation Links [11]FCC > [12]EB > [13]Broadcast > Enhanced Non-Commercial Underwriting [14]site map Search the FCC: _______________ Submit [15]Help | [16]Advanced | [17]Share Section 399B of the Communications Act of 1934, as amended (47 U.S.C. 399b) and Sections 73.503 and 73.621 of the Commission's rules, (47 C.F.R. 73.503 and 73.621) govern enhanced underwriting issues related to non-commercial broadcast stations. For information regarding these provisions, click [18]here. The Enforcement Bureau's [19]Investigations & Hearings Division is responsible for investigating complaints regarding violations of the non-commercial broadcast station enhanced underwriting rules. Enforcement Actions 05-17-2012 [20]Cesar Chavez Foundation (FORFEITURE ORDER) 04-20-2012 [21]CAPSTAR TX LLC (ORDER
• http://www.fcc.gov/fcc-bin/audio/DA-00-511A1.pdf
  • statutory prohibition against the broadcast of advertisements on noncommercial stations. Specifically, we reduce the proposed amount from $5,000 to $2,000 and limit our action to WTTW's admitted violations. 2. In the NAL, the Chief, Mass Media Bureau, determined that WTTW had broadcast announcements promoting for-profit entities in apparent violation of Section 399B of the Communications Act, as amended,1 and Section 73.621(e) of the Commission's rules.2 In support of the monetary forfeiture, the NAL cited announcements made on behalf of program sponsors Zenith, Amoco, and Sun America. The NAL also found that the text of an announcement made on behalf of Prudential exceeded the bounds of our rules, but that announcement was not considered in setting the forfeiture amount because it was
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  • 2002 Released: August 9, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Television Project, Inc. (``Minority''), licensee of noncommercial educational television station KMTP-TV, San Francisco, California, apparently violated Section 399B of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. � 399b, and Section 73.621 of the Commission's rules, 47 C.F.R. � 73.621, by willfully and repeatedly broadcasting advertisements. Based on our review of the facts and circumstances of this case, we conclude that Minority is apparently liable for a monetary forfeiture in the amount of Ten Thousand Dollars ($10,000.00). II. Background 2. This case arises from allegations raised in a pending Media Bureau (``MB'')
• http://www.fcc.gov/fcc-bin/audio/DA-05-2410A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2410A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � DA 05-2410 Released: September 2, 2005 Media Bureau Suspends Television and Radio Rules To Permit NCE Stations to Broadcast Commercial Programming in the Greater New Orleans Area By this public notice the Media Bureau immediately suspends Sections 73.621(e) and 73.503(d) of the Commission's rules to permit noncommercial educational (NCE) television and radio stations to broadcast programming, including commercial matter, received from commercial broadcast stations. This waiver is limited to stations serving viewers and listeners in and near to New Orleans, LA. This special relief is designed to bring immediate life saving and other important program information to the
• http://www.fcc.gov/fcc-bin/audio/DA-11-1684A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1684A1.pdf
  • The Commission's interest in creating a ``noncommercial'' service has been to remove the programming decisions of public broadcasters from the ``normal kinds of commercial market pressures under which broadcasters in the unreserved spectrum usually operate.'' In order to maintain the essential character of the noncommercial service, Section 399B of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of the Commission's Rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. We will deny the Waiver Request for several reasons. First, it is axiomatic that the Commission cannot waive the provisions of the Communications Act. Accordingly, we could
• http://www.fcc.gov/fcc-bin/audio/DA-97-2395A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FederalCommunicationsCommission Beforethe FederalCommunicationsCommission Washington,D.C.20554 IntheMatterof )) Liabilityof )) AnaG.MendezEducationalFoundation ) Licensee,NoncommercialStationWMTJ-TV ) Fajardo,PuertoRico )) ForaForfeiture ) FORFEITUREORDER DA97-2395 Adopted:November14,1997 BytheChief,MassMediaBureau: Released:November17,1997 I. PursuanttoSection503(b)oftheCommunicationsActof1934,asamended(the"Act"),47 U.S.C.�503(b),andSections1.80and0.283oftheCommission'sRules,theChief,MassMediaBureau, onApril14,1994,releasedaMemorandumOpinionandOrder,9FCCRcd1797(MMB1994) ("MO&O"), whichorderedtheAnaG.MendezEducationalFoundation("Foundation")toforfeit$3,500 forrepeatedviolationsofSection399BoftheAct,47U.S.C.�399B,andSection73.621(e)ofthe Commission'sRules,47C.F.R.�73.621(e).BythisForfeitureOrder,wevacatetheMO&O,recompute theforfeiture.andreduceitto$3,000. 2.Ininitiallydeterminingtheforfeitureamount,wefollowedthestandardsestablishedin StandardsforAssessingForfeitures, 8FCCRcd6215(1993).OnJuly12,1994,theUnitedStatesCourt ofAppealsfortheDistrictofColumbiavacatedthosestandards.SeeUnitedStatesTelephoneAssn.v. FCC, 28F.3d1232(D.C.Cir.1994).Inlightofthecourt'sdecision,itbecomesnecessarytorecompute theamountoftheforfeiture.AsspecifiedbytheCommissioninTheCommission'sForfeiturePolicy StatementandAmendmentofSection1.80oftheRulestoIncorporatetheForfeitureGuidelines, FCC97- 218,releasedJuly28,1997,wewillevaluatetheinstantmatter"underthecase-by-caseapproachineffect whentheviolationoccurred."Id.at 3.IntheMO&O,wenotedthattheFoundationconcededthatithadbroadcastcommercial messagesforfivecompaniesduringitscoverageofthe1993U.S.OpenTennisTournament.After analyzingtheFoundation'srecords,wedeterminedthatseveralhundredcommercialmessageshadbeen airedoverthecourseofsevendays.InTyree,JamesW,6FCCRed2034(MMB1991),weissueda NoticeofApparentLiabilityforaforfeitureof$3,000forapparentrepeatedviolationsofSection399B, whereanoncommercialradiostationwasfoundtohavebroadcastcommercialsregardingsevenentities overathree-dayperiodandadmittedthatsuchcommercialshadbeenbroadcastconsistentlyduringa seven-monthperiod.InSpringtownEducationalBroadcastingFoundation,7FCCRcd2588(MMB 1992),weissuedaForfeitureOrderfor$5,000tothelicenseeofanoncommercialradiostationwhich broadcastcommercialsonthreedifferentdatesonbehalfof14differententities.Finally,inPenfold 19443 FederalCommunicationsCommission DA97-2395 Communications.Inc., DA97-1740,releasedAugust15,1997,weissuedaNoticeofApparentLiability foraforfeitureof$6,000toanoncommercialradiostationlicenseewhichhadbroadcastcommercialson behalfofsixentitiesoveratwo-dayperiodandwhichhadahistoryofpastruleviolations. 4.ConsideringthenumberofcommercialsairedbytheFoundationandtheirlimitedbroadcast duration,weconcludethata$3,000forfeitureisanappropriateamountascomparedtoforfeituresimposed forsimilarviolationsofSection399B.Inthisregard,wenotethattheforfeitureproposedislessthan thoseimposedinSpringtownandPenfoldbecausebothhadaggravatingfactorsnotpresenthere. Specifically.inSpringtown,thelicenseecontinuedtoviolatethestatuteafterbothaletterofinquiryand aNoticeofApparentLiabilityhadbeensent,whileinPenfold,thelicenseehadpreviouslyreceiveda NoticeofApparentLiabilityforviolatingtheprohibitionagainstairingcommercialsonthenoncommercial service.'Here.asinTyree,thelicensee'sviolationsapparentlyceasedonceitstransgressionswerebrought toitsattention.Moreover,inthepresentcase.thestationhashadnopastruleviolations,unlikethe licenseeinPe"fold.Thus.inrecomputingtheforfeiture.wehaveconsideredtheFoundation'shistoryof compliancewithourrules. 5.Moreover.werejecttheargumentscontainedintheFoundation'sJanuary28.1994,request forreductionoreliminationoftheforfeiture.Thus,wewillnoteliminatetheforfeitureorreduceit furtherbecausetheFoundationsupposedlylackedaspecificintenttoviolateourrulesorbecausethe violationinvolvedonebroadcastevent,atennistournament.RegardlessoftheFoundation'sclaimed intentorthenatureoftheprogramminginvolved,theviolationsoccurredrepeatedly--indeed,several h.undredtimesoverasevendayperiod.Likewise,wewillnoteliminatetheforfeitureorreduceitfurther becausethemoneyrequiredtopaytheforfeiturecouldbebetterspentonprogramservicesforthepublic. Anylicenseecouldsocontend;itsimplyprovidesnobasisforalteringtheamountoftheforfeiture. 6.Accordingly.ITISORDERED,thattheApril14,1994,MO&Oassessinga$3,500forfeiture againsttheAnaG.MendezEducationalFoundationisSETASIDE. 7.ITISFURTHERORDERED.that,pursuanttoSection503(b)oftheActtheAnaG.Mendez EducationalFoundationFORFEITtetheUnitedStatesthesumofthreethousanddollars($3,000)for repeated.�violationsofSection399BoftheActandSection73.621(e)oftheCommission'sRules. PaymentoftheforfeituremaybemadebymailingtotheCommission,attheaddressindicatedinthe attachmenttothisForfeitureOrder,acheckorsimilarinstrumentpayabletotheFederalCommunications Commission.Inregardtothisforfeitureproceeding,thelicenseemaytakeanyoftheactionssetforth inSection1.80oftheCommission'sRules.Seealso,Sections1.106and1.115oftheCommission's Rules. FEDERALCOMMUNICAnONSCOMMISSION
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  • 3,1997 CBUIHHD MAIL - RETURN RECEIPT REQUESTED Window to the World Communications, Inc. Licensee, Station WTrW(TV) 5400 North St. Louis Ave. Chicago, IL 60625 Dear Licensee: This letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE pursuant to Section 503(b) of the Communications Act of 1934, as amended (the "Act"), for violations of 47 U.S.C. Section 399B and Section 73.621(e) of the Commission's Rules. This action is taken under authority delegated to the Chief, Mass Media Bureau, pursuant to Section 0.283(cX3) of the Commission's Rules. Section 399B of the Communications Act, as implemented by Section 73.621 of the Commission's Rules, prohibits public broadcast stations from broadcasting advertisements. Advertisements are defined by the Communications Act as program material broadcast "in exchange
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  • arrangement from us. The parties properly submitted the PSOA as part of the assignment application. Moreover, we acknowledge that they were following a practice that developed in past NCE radio transactions, in apparent violation of the rule, without our knowledge. The point of the rule is straightforward: it prevents NCE radio stations from selling program time at a profit. (Section 73.621(d) is the corollary rule for NCE television stations.) I hope that our Consent Decree in this case will remind NCE licensees that they cannot monetize their licenses by selling program time for a profit. I do wish to note that the relevant rules only apply to payments for program time and do not limit the ability of NCE stations to
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  • not our intention. In response to commenters who are concerned about fairness to nonprofit corporations, who are not themselves eligible for accreditation because they are not institutions of learning, we clarify that such corporations may nevertheless qualify for the credit if they are providing programming to accredited schools in coordination with those schools. See 47 C.F.R. �� 73.503 (a) and 73.621(a). In this manner, applicants who will provide educational service to many schools, but who cannot achieve that goal without some signal contour overlap and resulting loss of the local diversity credit, will not be placed at a disadvantage in comparison to applicants serving a smaller number of schools. An applicant serving many schools would receive two points as a state-wide
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  • bidding and under what circumstances. Specifically, are all ``nonprofit educational organizations'' exempt from auctions whenever they apply for any broadcast license, or only when they make a ``showing that the station will be used for the advancement of an educational program''? In other words, is the ``showing'' of an ``educational program'' or ``service'' requirement that appears in sections 73.503 and 73.621 of the Commission's rules, part of the ``eligibility'' requirement that is incorporated by reference in section 397(6) of the Act? Or is the eligibility requirement referenced in section 397(6) only that the applicant be a ``nonprofit educational organization''? If the latter is the case, a nonprofit educational organization could not participate in an auction for a broadcast license under any
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  • Section 399B of the Act permits public stations to provide facilities and services in exchange for remuneration as long as those uses do not interfere with the stations' provision of public telecommunications services. Section 399B, however, does not permit public broadcast stations to make their facilities "available to any person for the broadcasting of any advertisement." In addition, under Section 73.621 of the Commission's rules, public television stations are required to furnish primarily an educational as well as a nonprofit and noncommercial broadcast service. , the U.S. Court of Appeals for the District of Columbia Circuit upheld our DTV NCE A&S Order. We seek comment on what, if any, special rules or considerations should apply to noncommercial radio stations in light
• http://www.fcc.gov/fcc-bin/audio/FCC-12-43A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-12-43A1.pdf
  • in order to conform the rule to Section 399B of the Act. Despite these changes and other liberalizations of the fundraising and donor acknowledgment rules, the Commission continued the ban on conducting fundraising activities which substantially alter or suspend regular programming and are designed to benefit any entity other than the station itself, codifying these requirements in Sections 73.503(d) and 73.621(e) of the Commission's rules. Those rules provide, in pertinent part, that ``[t]he scheduling of any announcements . . . may not interrupt regular programming.'' Commission staff has occasionally granted waivers of these rules in extraordinary circumstances. For example, the Commission granted a waiver to the licensee of an NCE television station to broadcast a three-hour fundraiser for Wolf Trap Foundation,
• http://www.fcc.gov/fcc-bin/audio/FCC-81-204A1.pdf
  • ITISFURTHERORDERED,Thattherequestfordeclaratory 86F.e.C.2d 161 PublicBroadcastingService rulingbyPublicBroadcastingService,citedinparagraph37,fn.17, supra,ISDISMISSEDasmoot.' , ,, .',,',,'. 53.ITISFURTHERORDERED,ThatthisproceedingISTERMI- NATED. ',. ' 54.Forfurtherinformationconcerningthisproceeding,contact JohnKamp,Broadcast (202)632--6302. FEDERALCOMMUNICATIONSCO�MISSION, WILLIAM J.TRICARICO, Secretary. �AppendixA-maybeseenintheFCCDocketsBranch, AppendixB. I.&etion73.503oftheCommission';Rules� is to deletE:.NoU;S1thrOugh5 followingparagraph(d);andtoreviseparagraph(d)asfollows:'.- - Section73.503 and � � � � � � � (d)Eachstationshallfurnishanonprofitandnoncommercialbroadcastservice. Noncom1l1ercialeducatiol)alFMbri?adcast -subject. t.o,tileproyisiollilof �73.1212 totheextenttheyareapplicable tothebroa:dcastofprograms by,or attheexpenseof,orfurnished byothers.Noannouncementshallbebroadcastatany timeinexchangeforthe-receipt,inwholeOrinpart;of-consideration tothelicensee,its principals,oremployees.However,acknowledgmentsof'contributionscanbemade. .fnterPr�!tation _.of-this'nile;inchidingtlle-aCceptableform'of aCknowledgments,maybefoundinthe Second Rer>ort:anqOrtie:r;adoptedApril23, 1981,entitled"CommissionPolicyConcerningtheNoncommerCial'Nature'of'Educa- tim",lBroadcastStations."(J;lCDocketNo.21136,86 ycc2d,46Fed.Reg.27944,MaY 22,1981). .. II.-,Section73.621of-theCOmmission'sRulesisamendedtodeleteNotes1through5 followingparagraph(e)and toreviseparagraph(e)asfollows: Section73.621-NohcOmrriercialeducationalstations � � � � � � � (e) stationshallfurnishanonprofitand broadcas!service. Noncommercialeducationaltelevision"stationsshallbesubject!:.{)tJ.leprovisionsof �73.1212 totheextentthattheyareapplicabletothebroadcastofprogramsproduced by,or: of,prfur::nio$hedbyothers.NoannounceJ!leIJ-'t3shallbebroadcast atanytimeinexchangeforthereceipt,inwholeorin part,of tothe licensee,itsprincipals,oremployees.However,acknowledgmentsofcontribu.tionscan be plade. NOTE:Commissioninterpretationofthisrule,includingtheacceptableform,of ackn'owledgments,maybe'found,inthe Secoru.J,ReportandOrder,adoptedApril23, 1981,entitled"CommissionPolicyConcerningtheNoncommercialNatureofEduca- tionalBroadcastStations."(BCDocketNo.21136,86FCC2d,46Fed.Reg.27944,May .22,1981). . 86F.C.C.2d 162 FederalCommunuatiarlSCommissidnReports (1) (2) a. b. c. d. (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) AppendixG:-,- theprohibition proIllotiJ.1g the
• http://www.fcc.gov/fcc-bin/audio/FCC-82-327A1.pdf
  • text/plain Content-Transfer-Encoding: 8bit EducationalBlcStations DeclaratoryRulingEducationalNoncommercialTVStation Reconsideration,Petitionfor,Denialof 895 Requestfordeclaratoryrulingof SecondReportandOrder,86FCC 2d141,grantedtoresolvetheuncertaintythatexistsastotheimpact ofPublicBlcingAmendmentsActof,1981uponthe SecondReport. PetitionforclarificationgrantedReconsiderationpetitionsdenied. -EducationalBlcStations BCDocketNo.21136 FCC82--327 BEFORETHE FEDERALCOMMUNICATIONSCOMMISSION WASHINGTON,D.C.20554 IntheMatterof CommissionPolicyConcerningthe NoncommercialNatureofEducational BroadcastStations. BCDocketNo. 21136 MEMORANDUMOPINIONANDORDER Adopted:July15,1982;Released:July30,1982 ByTHECOMMISSION:COMMISSIONERWASHBURNISSUINGAN ADDITIONALSTATEMENT. 1.The SecondReportandOrderinDocketNo.21136evaluatedthe financialneedsofpublicbroadcastersaswellastheirobligationtoprovide anoncommercialservice.1TheCommissionrelaxedcertainrestrictions onpublicbroadcasters'fundraisingactivities.Petitionsforreconsidera- tionand"clarification,andvariouscommentsinresponsethereto,were filedwiththecommissionconcerningthe SecondReport.Additionally,a petitionfordeclaratoryrulingwasfiledregardingtheimpactofthePublic BroadcastingAmendmentsactof1981(withparticularreferencetoSec- I SecondReportandOrder,86F.e.C.2d141(1981).Hereinafterreferredtoas"SecondReport." 90F.e.e.2d 896 FederalCommunicationsCommissionReports tions399Aand399BoftheCommunicationsAct)uponthe SecondRe- port.2TheSecondReportandSections399Aand399Bserveasimilar underlyingpurposeandachievesimilarends,byprovidingpublicbroad- casterstbeopportunitytoattractadditional!inancialsupportwhile focusinguponthenoncommercialnatureofpublicbroadcastingingener- al.Inlightofthebasicthrustofboththe SecondReport,andSections 399Aand399B,andintheinterestofexpeditingconsiderationofthe issuesraisedbythevariouspleadings,wewilladdresstherequestfor declaratoryrulingtogetherwiththepetitionsforreconsiderationand clarification.3 Background 2.Essentially,the SecondReportliberalizedpriorrestrictionsupon noncommercialbroadcastersbyamending47C.F.R.�73.503and47 C.F.R.�73.621to:(1)allowpublicbroadcasterstoairpromotionalan- nouncementswhendeemedinthepublicinterestandnoconsiderationfor suchannouncementsisreceived;4(2)eliminatethenameonlyrequire- mentfordonoracknowledgementsandpermitthebroadcastofinforma- tional,butnotpromotional,messages (i.e.,themessagesmayinclude suchinformationasthedonor'slogo,locationandproductlinesorserv- ices);and(3)deleteanylimitationsonthetimingandfrequencyofdonor acknowledgements.Theamendmentsweredesignedtofurthertheim- portantgovernmentalinterestinpreservingtheessentiallynoncommer- cialnatureofpublicbroadcasting withinaminimalregulatoryframe- workbyinsulatingpublicbroadcastersfromcommercialmarketplace pressuresanddecisions.oTheCommissionbelievesthattherulessatisfy constitutionalobjectionssincetheyarenarrowlyfashionedtoachievean importantgovernmentalinterest (i.e.,therulesprohibitthebroadcastof promotionalannouncements forconsideration---nomore,noless),6and thattherulessatisfythestatutorymandateof47U.S.C.�317(47C.F.R. �73.1212)sincethedonoracknowledgements,asallowed,betterinform thepublicastotheidentityofthesponsoringentities.7Moreover,itwas 2 Section1231oftheOmnibusBudgetReconciliationActof1981,P.L.97-35,97thCong.,1stSession (1981),amendedtheCommunicationsActbyaddingSections399Aand39gB. ByOrderofApril23,1981,theCommissionconsolidated.thepetitionsforreconsiderationand clarification. 4 Considerationisbroadlydefined"todenoteanythingofvaluegiveninexchangeforsomethingelseof SecondReport,811praat142. 5 SecondReport,supra,at142-143. 6 AregulationwhichinfringesuponFirstAmendmentrightsisvalidjf,itfurthersasubstantial governmentinterestandisnarrowlytailoredtoservethatinterest. U,S.v.O'BI'ieil,391U.S.367,377 (1968);CommunityServieeBroadcasr'illgq/MidAmerim,Ille.v,FCC,593F.2d1102,1111,1114(D.C. eir.,1978), 7 Section317basicallyrequiresastationtomakeanannouncementthattheprogrammingmaterialwas broadcastforconsideratiol').,unlesstheconsiderationconsistsofgoodsorservicesprovidedatlittleor 90F.e.C.2d EducationalBlcStations 897 hopedthatSections73.503and73.621,asamended,wouldenablenon- commercialbroadcasterstoattractadditionalrevenueandbroadentheir economicbase.Statedanotherway,itwasourhopethattheliberalization ofrestrictionsondonoracknowledgementswouldencouragemore contributors. 3.The SecondReportreflectedtheCommission'sdesiretostrike"a reasonablebalancebetweenthefinancialneedsof[publicbroadcast] stationsandtheirobligationtoprovideanessentiallynoncommercial broadcastservice"andeliminatethoseproscriptiveregulationsdeemed unnecessarytopreservethemedia'snoncommercialnature.Therecent amendmentstotheCommunicationsActrelatingtopublicbroadcasting reflectCongress'desiretoensurethatthepublictelecommunications mediaremainsfinanciallyviableinviewofsubstantialFederalfunding reductions,byencouragingandfacilitatingtheabilityofpublicbroadcast- erstogenerateadditionalprivatefinancialsupportwhichisnecessaryfor theircontinuedsurvival.8Inthisvein,Congress(1)createdtheTempo-
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [294]TEXT [295]PDF 73.609 Zones. [296]TEXT [297]PDF 73.610 Minimum distance separations between stations. [298]TEXT [299]PDF 73.611 Reference points and distance computations. [300]TEXT [301]PDF 73.612 Protection from interference. [302]TEXT [303]PDF 73.613 Protection of Class A TV stations. [304]TEXT [305]PDF 73.614 Power and antenna height requirements. [306]TEXT [307]PDF 73.615 Administrative changes in authorizations. [308]TEXT [309]PDF 73.616 Post-transition DTV station interference protection. [310]TEXT [311]PDF 73.621 Noncommercial educational TV stations. [312]TEXT [313]PDF 73.622 Digital television table of allotments. [314]TEXT [315]PDF 73.623 DTV applications and changes to DTV allotments. [316]TEXT [317]PDF 73.624 Digital television broadcast stations. [318]TEXT [319]PDF 73.625 DTV coverage of principal community and antenna system. [320]TEXT [321]PDF 73.635 Use of common antenna site. [322]TEXT [323]PDF 73.641 Subscription TV definitions. [324]TEXT [325]PDF 73.642 Subscription TV service.
• http://www.fcc.gov/mb/audio/includes/33-nature.htm
  • Acknowledgements * [4]Program Related Materials * [5]Recent Orders * [6]Contact for More Information * [7]Comments and Suggestions About this Page __________________________________________________________________ Related information about broadcast stations is located at: [8]Audio Division -- [9]Video Division -- [10]Media Bureau [11]Federal Communications Commission __________________________________________________________________ Announcements Promoting Goods and Services Section 399B of the Communication's Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of our rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. These rules, however, permit contributors of funds to the station to receive on-air acknowledgements. The Commission has articulated specific guidelines which emphasize the difference between permissible donor and
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [247]TEXT [248]PDF 73.609 Zones. [249]TEXT [250]PDF 73.610 Minimum distance separations between stations. [251]TEXT [252]PDF 73.611 Reference points and distance computations. [253]TEXT [254]PDF 73.612 Protection from interference. [255]TEXT [256]PDF 73.613 Protection of Class A TV stations. [257]TEXT [258]PDF 73.614 Power and antenna height requirements. [259]TEXT [260]PDF 73.615 Administrative changes in authorizations. [261]TEXT [262]PDF 73.616 Post-transition DTV station interference protection. [263]TEXT [264]PDF 73.621 Noncommercial educational TV stations. [265]TEXT [266]PDF 73.622 Digital television table of allotments. [267]TEXT [268]PDF 73.623 DTV applications and changes to DTV allotments. [269]TEXT [270]PDF 73.624 Digital television broadcast stations. [271]TEXT [272]PDF 73.625 DTV coverage of principal community and antenna system. [273]TEXT [274]PDF 73.635 Use of common antenna site. [275]TEXT [276]PDF 73.641 Subscription TV definitions. [277]TEXT [278]PDF 73.642 Subscription TV service.
• http://www.fcc.gov/mb/audio/nature.html
  • Acknowledgements * [50]Program Related Materials * [51]Recent Orders * [52]Contact for More Information * [53]Comments and Suggestions About this Page __________________________________________________________________ Related information about broadcast stations is located at: [54]Audio Division -- [55]Video Division -- [56]Media Bureau [57]Federal Communications Commission __________________________________________________________________ Announcements Promoting Goods and Services Section 399B of the Communication's Act of 1934, as amended, and Sections 73.503(d) and 73.621(e) of our rules specifically proscribe the broadcast of announcements by public broadcast stations which promote the sale of goods and services of for-profit entities in return for consideration paid to the station. These rules, however, permit contributors of funds to the station to receive on-air acknowledgements. The Commission has articulated specific guidelines which emphasize the difference between permissible donor and
• http://www.fcc.gov/mb/engineering/76print.html
  • community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of the Communications Act of 1934, as amended; or (2) Is owned and operated by a municipality and transmits noncommercial programs for educational programs for educational purposes, as defined in 73.621 of this chapter, for at least 50 percent of its broadcast week. (3) This definition includes: (i) The translator of any NCE television station with five watts or higher power serving the franchise area, (ii) A full-service station or translator if such station or translator is licensed to a channel reserved for NCE use pursuant to 73.606 of this chapter,
• http://www.fcc.gov/mb/engineering/part76.pdf
  • community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of the Communications Act of 1934, as amended; or (2) Is owned and operated by a municipality and transmits noncommercial programs for educational programs for educational purposes, as defined in �73.621 of this chapter, for at least 50 percent of its broadcast week. (3) This definition includes: (i) The translator of any NCE television station with five watts or higher power serving the franchise area, (ii) A full-service station or translator if such station or translator is licensed to a channel reserved for NCE use pursuant to �73.606 of this chapter,