§  73.3594   Local public notice of designation for hearing.

   (a) Except as otherwise provided in paragraph (c) of this section when
   an application subject to the provisions of §  73.3580 (except for
   applications for International broadcast, low power TV, TV translator,
   FM translator, and FM booster stations) is designated for hearing, the
   applicant shall give notice of such designation as follows: Notice
   shall be given at least twice a week, for 2 consecutive weeks within
   the 3-week period immediately following release of the FCC's order,
   specifying the time and place of the commencement of the hearing, in a
   daily newspaper of general circulation published in the community in
   which the station is located or proposed to be located.

   (1) However, if there is no such daily newspaper published in the
   community, the notice shall be given as follows:

   (i) If one or more weekly newspapers of general circulation are
   published in the community in which the station is located or proposed
   to be located, notice shall be given in such a weekly newspaper once a
   week for 3 consecutive weeks within the 4-week period immediately
   following the release of the FCC's order, specifying the time and place
   of the commencement of the hearing;

   (ii) If no weekly newspaper of general circulation is published in the
   community in which the station is located or proposed to be located,
   notice shall be given at least twice a week for 2 consecutive weeks
   within the 3-week period immediately following the release of the FCC's
   orders, specifying the time and place of the commencement of the
   hearing in the daily newspaper having the greatest general circulation
   in the community in which the station is located or proposed to be
   located.

   (2) In the case of an application for a permit pursuant to Section
   325(c) of the Communications Act, the notice shall be given at least
   twice a week for 2 consecutive weeks within the 3-week period
   immediately following release of the FCC's order, specifying the time
   and place of the commencement of the hearing in a daily newspaper of
   general circulation in the largest city in the principal area to be
   served in the United States by the foreign radio broadcast station.

   (3) In the case of an application for change in the location of a
   station, the notice shall be given both in the community in which the
   station is located and in the community in which the station is
   proposed to be located.

   (b) When an application which is subject to the provisions of §  73.3580
   and which seeks modification, assignment, transfer, or renewal of an
   operating broadcast station is designated for hearing (except for
   applications for an International broadcast, low power TV, TV
   translator, FM translator, or FM booster stations), the applicant
   shall, in addition to giving notice of such designation as provided in
   paragraph (a) of this section, cause the same notice to be broadcast
   over that station at least once daily for 4 days in the second week
   immediately following the release of the FCC's order, specifying the
   time and place of the commencement of the hearing. In the case of both
   commercial and noncommercial TV broadcast stations such notice shall be
   broadcast orally with the camera focused on the announcer. The notice
   required by this paragraph shall be broadcast during the following
   periods:

   (1) For commercial TV stations, between 7:00 p.m. and 10:00 p.m.

   (2) For commercial AM and FM stations, between 7:00 a.m. and 10:00
   a.m., but if such stations do not operate during those hours, then
   between 6:00 p.m. and 9:00 p.m.

   (3) For noncommercial educational TV stations, between 7:00 p.m. and
   10:00 p.m., but if the period of broadcast of notice falls within a
   portion of the year during which such stations do not broadcast, then
   such stations need not comply with the provisions of this paragraph.

   (4) For noncommercial educational AM and FM stations, between 3:00 p.m.
   and 10:00 p.m., but if the period of broadcast of notice falls within a
   portion of the year during which such stations do not broadcast, then
   such stations need not comply with the provisions of this paragraph.

   (c) If the station in question is the only operating station in its
   broadcast service which is located in the community involved, or if it
   is a noncommerical educational station, publication of the notice in a
   newspaper, as provided in paragraph (a) of this section, is not
   required, and publication by broadcast over that station as provided in
   paragraph (b) of this section shall be deemed sufficient to meet the
   requirements of paragraphs (a) and (b) of this section. However,
   noncommercial educational stations which do not broadcast during the
   portion of the year in which the period of broadcast of notice falls
   must comply with the provisions of paragraph (a) of this section.

   (d) The notice required by paragraphs (a) and (b) of this section shall
   state:

   (1) The name of the applicant or applicants designated for hearing.

   (2) The call letters, if any, of the stations or stations involved, and
   the frequencies or channels on which the station or stations are
   operating or proposed to operate.

   (3) The time and place of the hearing.

   (4) The issues in the hearing as listed in the FCC's order or summary
   of designation for hearing.

   (5) A statement that a copy of the application, amendment(s), and
   related material are on file for public inspection at a stated address
   in the community in which the station is located or is proposed to be
   located. See § §  73.3526 and 73.3527.

   (e) When an application for renewal of license is designated for
   hearing, the notice shall contain the following additional statements:

   (1) Immediately preceding the listing of the issues in the hearing:

   The application of this station for a renewal of its license to operate
   this station in the public interest was tendered for filing with the
   Federal Communications Commission on ( date ). After considering this
   application, the FCC has determined that it is necessary to hold a
   hearing to decide the following questions:

   (2) Immediately following the listing of the issues in the hearing:

   The hearing will be held at ( place of hearing ) commencing at ( time
   ), on ( date ). Members of the public who desire to give evidence
   concerning the foregoing issues should write to the Federal
   Communications Commission, Washington, DC 20554, not later than (
   date). Letters should set forth in detail the specific facts concerning
   which the writer wishes to give evidence. If the FCC believes that the
   evidence is legally competent, material, and relevant to the issues, it
   will contact the person in question.

   (Here the applicant shall insert, as the date on or before which
   members of the public who desire to give evidence should write to the
   FCC, the date 30 days after the date of release of the FCC's order
   specifying the time and place of the commencement of the hearing.)

   (f) When an application for a low power TV, TV translator, FM
   translator, or FM booster station which is subject to the provisions of
   §  73.3580 is designated for hearing, the applicant shall give notice of
   such designation as follows: Notice shall be given at least once during
   the 2-week period immediately following release of the FCC's order,
   specifying the time and place of the commencement of the hearing in a
   daily, weekly or biweekly publication having general circulation in the
   community or area to be served. However, if there is no publication of
   general circulation in the community or area to be served, the
   applicant shall determine an appropriate means of providing the
   required notice to the general public, such as posting in the local
   post office or other public place. The notice shall state:

   (1) The name of the applicant or applicants designated for hearing.

   (2) The call letters, if any, of the station or stations involved, the
   output channel or channels of such stations, and, for any
   rebroadcasting, the call letters, channel and location of the station
   or stations being or proposed to be rebroadcast.

   (3) The time and place of the hearing.

   (4) The issues in the hearing as listed in the FCC's order or summary
   of designation for hearing.

   (5) If the application is for renewal of license, the notice shall
   contain, in addition to the information required by paragraphs (f) (1)
   through (4) of this section, the statements required by paragraph (e)
   of this section.

   (g) Within 7 days of the last day of publication or broadcast of the
   notice required by paragraphs (a) and (b) of this section, the
   applicant shall file a statement in triplicate with the FCC setting
   forth the dates on which the notice was published, the newspaper in
   which the notice was published, the text of the notice, and/or, where
   applicable, the date and time the notice was broadcast and the text
   thereof. When public notice is given by other means, as provided in
   pararaph (f) of this section, the applicant shall file, within 7 days
   of the giving of such notice, the text of the notice, the means by
   which it was accomplished, and the date thereof.

   (h) The failure to comply with the provisions of this section is cause
   for dismissal of an application with prejudice. However, upon a finding
   that applicant has complied (or proposes to comply) with the provisions
   of Section 311(a)(2) of the Communications Act, and that the public
   interest, convenience and necessity will be served thereby, the
   presiding officer may authorize an applicant, upon a showing of special
   circumstances, to publish notice in a manner other than that prescribed
   by this section; may accept publication of notice which does not
   conform strictly in all respects with the provisions of this section;
   or may extend the time for publishing notice.

   [ 44 FR 38508 , July 2, 1979, as amended at  47 FR 21495 , May 18, 1982;  48 FR 9012 , Mar. 3, 1983;  49 FR 38132 , Sept. 27, 1984;  51 FR 19347 , May
   29, 1986;  52 FR 21686 , June 9, 1987;  58 FR 51251 , Oct. 1, 1993]

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