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Friday, October 5, 2007

Broadcast TV & Radio Station Application Filing Followups

G. Public Notice Requirements:

 

(1) Applicants filing Form 340 for the October 2007 NCE filing window must publish a public notice to inform the community about the proposal. In accordance with 47 C.F.R. Section 73.3580, applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities [as defined in 47 C.F.R. Sections 73.3572(a)(1) (for television applicants) or 73.3573(a) (1) (for FM applicants)] must give local public notice. This publication requirement also applies to major amendments as defined in 47 C.F.R. Sections 73.3572(b) (television), and 73.3573(b) (FM). This publication requirement also applies with respect to applications for minor modification to existing FM facilities in which the applicant seeks to change the existing facility’s community of license. For noncommercial stations not yet on the air publication generally must be in a newspaper of general circulation in the community to which the station is licensed. However, if the noncommercial station is operating, publication by broadcast over  that station is deemed sufficient pursuant to 47 C.F.R. Section 73.3580(e). 

 

(2) Applicants should give public notice no earlier than 30 days before and no later than 30 days after filing the application with the Commission. The applicant must certify compliance or intent to comply with the public notice requirements in Section II of this application. The required content of the local notice is described in 47 C.F.R. Section 73.3580(f). Worksheet #1 attached to these instructions provides additional guidance. The applicant need not file proof of publication with the application. Public Inspection File: The applicant must make a copy of this completed application and all related documents available to the public in the applicant’s public inspection file located in the community of license, pursuant to 47 C.F.R. Section 73.3527. LOCAL NOTICE CHECKLISTApplicants must certify that they have complied with Section 73.3580 regarding publication of local notice of the subject application (Section II, Question 12 ).

1. Newspaper notice (required for NEW and non-operating noncommercial stations).

(a) Dates of publication:(i) All within 30 days of tender of the application.
(b) Daily newspaper published in community?(i) Public notice must appear twice a week for two consecutive weeks.
(c) No such daily newspaper, weekly newspaper published in community?(i) Notice must appear once a week for three consecutive weeks.
(d) If no such daily or weekly newspaper, local notice must appear in daily newspaper with the greatest circulation in the community twice a week for two consecutive weeks. 

2. Broadcast notice. (Operating noncommercial stations may broadcast the notice instead of giving notice by newspaper publication, if desired.)

(a) Once daily for 4 days in the second week following the filing of the application.
(b) At least 2 announcements during “prime time” (6 p.m. – 11 p.m. for television) or “drive time”(7 a.m. – 9 a.m. and/or 4 p.m. – 6 p.m. for radio), as applicable.

3. The announcements should contain the following information.

(a) Applicant name(s)
(b) Names of all officers, directors, 10% shareholders (if corporation), all non-insulated partners (if partnership)
(c) Purpose of application
(d) Date on which application was filed
(e) Call letters and frequency/channel of station
(f) Statement that copy of application is available in Public File
(g) Location of public file
(h) Facilities sought: type and class of station
(i) Power sought
(j) Antenna height
(k) Transmitter site
(l) Location of studios

 

Example advertisement:

On October Twelfth 2007, XYZ Radio Broadcasting Corp filed an application with the Federal Communications Commission for a new FM Non Commercial Broadcast station to be licensed to the city of Philadelphia, Pennsylvania. The purpose of the application is to create a new radio station to serve the Philadelphia, PA area on 91.1 Mhz, Class A at 1,000 watt with an antenna located at 100 meters above average terrain.  The transmitter will be located at 30-08-24.0 N /  93-58-44.0 W with studios located at 123 Main Street, Philadelphia, PA.  XYZ Radio Broadcasting Corp, is made up of John Doe, Joe Jack, and Jack Black. A copy of the application may be inspected in the public file located at 123 Main Street, Philadelphia, PA.

If you know the physical address of the transmitter site, you may use that instead or in addition to the coordinates.