§ 73.3526   Local public inspection file of commercial stations.

   (a) Responsibility to maintain a file. The following shall maintain for
   public inspection a file containing the material set forth in this section.

   (1) Applicants for a construction permit for a new station in the commercial
   broadcast services shall maintain a public inspection file containing the
   material, relating to that station, described in paragraphs (e)(2) and
   (e)(10)  of this section. A separate file shall be maintained for each
   station for which an application is pending. If the application is granted,
   paragraph (a)(2) of this section shall apply.

   (2) Every permittee or licensee of an AM, FM, TV or Class A TV station in
   the commercial broadcast services shall maintain a public inspection file
   containing the material, relating to that station, described in paragraphs
   (e)(1) through (e)(10) and paragraph (e)(13) of this section. In addition,
   every permittee or licensee of a commercial TV or Class A TV station shall
   maintain for public inspection a file containing material, relating to that
   station, described in paragraphs (e)(11) and (e)(15) of this section, and
   every permittee or licensee of a commercial AM or FM station shall maintain
   for public inspection a file containing the material, relating to that
   station, described in paragraphs (e)(12) and (e)(14) of this section. A
   separate  file  shall  be  maintained  for  each  station for which an
   authorization is outstanding, and the file shall be maintained so long as an
   authorization to operate the station is outstanding.

   (b) Location of the file. The public inspection file shall be located as
   follows:

   (1) For radio licensees, a hard copy of the public inspection file shall be
   maintained at the main studio of the station. For television licensees,
   letters and emails from the public, as required by paragraph (e)(9) of this
   section, shall be maintained at the main studio of the station. An applicant
   for a new station or change of community shall maintain its file at an
   accessible place in the proposed community of license or at its proposed
   main studio.

   (2) A television station licensee or applicant shall place the contents
   required by paragraph (e) of this section of its public inspection file on
   the Commission's Web site, with the exception of letters and emails from the
   public as required by paragraph (e)(9) of this section, which shall be
   retained at the station in the manner discussed in paragraph (b)(1) of this
   section; and the political file as required by paragraph (e)(6) of this
   section, as discussed in paragraph (b)(3) of this section. A station must
   provide a link to the public inspection file hosted on the Commission's Web
   site from the home page of its own Web site, if the station has a Web site,
   and provide contact information on its Web site for a station representative
   that can assist any person with disabilities with issues related to the
   content of the public files. A station also is required to include in the
   online public file the station's main studio address and telephone number,
   and the email address of the station's designated contact for questions
   about the public file. To the extent this section refers to the local public
   inspection file, it refers to the public file of an individual station,
   which is either maintained at the station or on the Commission's Web site,
   depending upon where the documents are required to be maintained under the
   Commission's rules.

   (3) A television station licensee or applicant shall place the contents
   required by paragraph (e)(6) of this section of its political inspection
   file on the Commission's Web site. Political inspection file material in
   existence 30 days after the effective date of this provision shall continue
   to be retained at the station in the manner discussed in paragraph (b)(1) of
   this section until the end of its retention period. Any station not in the
   top  50  DMAs, and any station not affiliated with one of the top four
   broadcast networks, regardless of the size of the market it serves, shall
   continue to retain the political file at the station in the manner discussed
   in paragraph (b)(1) of this section until July 1, 2014. For these stations,
   effective July 1, 2014, any new political file material shall be placed on
   the Commission's Web site, while the material in the political file as of
   July 1, 2014, if not placed on the Commission's Web site, shall continue to
   be retained at the station in the manner discussed in paragraph (b)(1) of
   this section until the end of its retention period. However, any station
   that is not required to place its political file on the Commission's Web
   site before July 1, 2014 may choose to do so, instead of retaining the
   political file at the station in the manner discussed in paragraph (b)(1) of
   this section.

   (4)  The Commission will automatically link the following items to the
   electronic version of all licensee and applicant public inspection files, to
   the  extent  that  the  Commission  has  these  items  electronically:
   authorizations, applications, contour maps; ownership reports and related
   materials; portions of the Equal Employment Opportunity file held by the
   Commission; “The Public and Broadcasting”; Letters of Inquiry and other
   investigative information requests from the Commission, unless otherwise
   directed by the inquiry itself; Children's television programming reports;
   and DTV transition education reports. In the event that the online public
   file  does not reflect such required information, the licensee will be
   responsible for posting such material.

   (c) Access to material in the file. (1) The file shall be available for
   public inspection at any time during regular business hours. All or part of
   the file may be maintained in a computer database, as long as a computer
   terminal is made available, at the location of the file, to members of the
   public who wish to review the file. Material in the public inspection file
   shall be made available for printing or machine reproduction upon request
   made  in person. The applicant, permittee, or licensee may specify the
   location for printing or reproduction, require the requesting party to pay
   the reasonable cost thereof, and may require guarantee of payment in advance
   (e.g., by requiring a deposit, obtaining credit card information, or any
   other reasonable method). Requests for copies shall be fulfilled within a
   reasonable period of time, which generally should not exceed 7 days.

   (2) The applicant, permittee, or licensee who maintains its main studio and
   public file outside its community of license shall:

   (i) Make available to persons within its geographic service area, by mail
   upon  telephone  request,  photocopies  of  documents in the file (see
   § 73.3526(c)(1)), excluding the political file (see § 73.3526(e)(6)), and the
   station shall pay postage;

   (ii) Mail the most recent version of “The Public and Broadcasting” to any
   member of the public that requests a copy; and

   (iii)  Be  prepared to assist members of the public in identifying the
   documents  they  may  ask  to be sent to them by mail, for example, by
   describing to the caller, if asked, the period covered by a particular
   report and the number of pages included in the report.

   Note to paragraph (c)(2): For purposes of this section, geographic service
   area includes the area within the Grade B contour for TV, 1 mV/m contour for
   all FM station classes except .7 mV/m for Class B1 stations and .5 mV/m for
   Class B stations, and .5 mV/m contour for AM stations.

   (d) Responsibility in case of assignment or transfer. (1) In cases involving
   applications for consent to assignment of broadcast station construction
   permits or licenses, with respect to which public notice is required to be
   given under the provisions of § 73.3580 or § 73.3594, the file mentioned in
   paragraph (a) of this section shall be maintained by the assignor. If the
   assignment is consented to by the FCC and consummated, the assignee shall
   maintain  the  file  commencing  with  the date on which notice of the
   consummation of the assignment is filed with the FCC. The assignee shall
   retain public file documents obtained from the assignor for the period
   required under these rules.

   (2) In cases involving applications for consent to transfer of control of a
   permittee  or  licensee  of a broadcast station, the file mentioned in
   paragraph  (a) of this section shall be maintained by the permittee or
   licensee.

   (e)  Contents  of  the file. The material to be retained in the public
   inspection file is as follows:

   (1) Authorization. A copy of the current FCC authorization to construct or
   operate the station, as well as any other documents necessary to reflect any
   modifications thereto or any conditions that the FCC has placed on the
   authorization. These materials shall be retained until replaced by a new
   authorization, at which time a copy of the new authorization and any related
   materials shall be placed in the file.

   (2) Applications and related materials. A copy of any application tendered
   for filing with the FCC, together with all related material, and copies of
   Initial Decisions and Final Decisions in hearing cases pertaining thereto.
   If petitions to deny are filed against the application and have been served
   on the applicant, a statement that such a petition has been filed shall be
   maintained in the file together with the name and address of the party
   filing the petition. Applications shall be retained in the public inspection
   file until final action has been taken on the application, except that
   applications for a new construction permit granted pursuant to a waiver
   showing and applications for assignment or transfer of license granted
   pursuant to a waiver showing shall be retained for as long as the waiver is
   in effect. In addition, license renewal applications granted on a short-term
   basis shall be retained until final action has been taken on the license
   renewal application filed immediately following the shortened license term.

   (3) Citizen agreements. A copy of every written citizen agreement. These
   agreements shall be retained for the term of the agreement, including any
   renewal or extension thereof.

   Note to paragraph (e)(3): For purposes of this section, a citizen agreement
   is  a  written  agreement between a broadcast applicant, permittee, or
   licensee, and one or more citizens or citizen groups, entered for primarily
   noncommercial purposes. This definition includes those agreements that deal
   with goals or proposed practices directly or indirectly affecting station
   operations  in  the  public interest, in areas such as—but not limited
   to—programming and employment. It excludes common commercial agreements such
   as  advertising  contracts;  union,  employment, and personal services
   contracts; network affiliation, syndication, program supply contracts, etc.
   However, the mere inclusion of commercial terms in a primarily noncommercial
   agreement—such as a provision for payment of fees for future services of the
   citizen-parties  (see  “Report and Order,” Docket 19518, 57 FCC 2d 494
   (1976))—would  not cause the agreement to be considered commercial for
   purposes of this section.

   (4) Contour maps. A copy of any service contour maps, submitted with any
   application  tendered for filing with the FCC, together with any other
   information in the application showing service contours and/or main studio
   and transmitter location (State, county, city, street address, or other
   identifying information). These documents shall be retained for as long as
   they reflect current, accurate information regarding the station.

   (5) Ownership reports and related materials. A copy of the most recent,
   complete ownership report filed with the FCC for the station, together with
   any statements filed with the FCC certifying that the current report is
   accurate, and together with all related material. These materials shall be
   retained until a new, complete ownership report is filed with the FCC, at
   which time a copy of the new report and any related materials shall be
   placed in the file. The permittee or licensee must retain in the public file
   either a copy of the contracts listed in such reports in accordance with
   § 73.3615(a)(4)(i), or an up-to-date list of such contracts. Licensees or
   permittees who choose to retain a list of contracts must provide a copy of
   any contracts to requesting parties within 7 days.

   (6) Political file. Such records as are required by § 73.1943 to be kept
   concerning broadcasts by candidates for public office. These records shall
   be retained for the period specified in § 73.1943 (2 years).

   (7) Equal Employment Opportunity file. Such information as is required by
   § 73.2080 to be kept in the public inspection file. These materials shall be
   retained until final action has been taken on the station's next license
   renewal application.

   (8) The public and broadcasting. At all times, a copy of the most recent
   version of the manual entitled “The Public and Broadcasting.”

   (9)  Letters  and e-mail from the public. (i) All written comments and
   suggestions received from the public regarding operation of the station,
   unless the letter writer has requested that the letter not be made public or
   when the licensee feels that it should be excluded from public inspection
   because  of the nature of its content, such as a defamatory or obscene
   letter. Letters and electronic mail messages shall be retained for a period
   of three years from the date on which they are received by the licensee.

   (ii) For purposes of this section, written comments and suggestions received
   from  the  public include electronic mail messages transmitted via the
   internet  to station management or an e-mail address publicized by the
   station. Personal e-mail messages sent to station employees need not be
   retained. Licensees may retain e-mails either on paper or in a computer
   file. Licensees who choose to maintain a computer file of e-mails may make
   the file available to the public either by providing the public with access
   to a computer terminal at the location of the public file, or providing the
   public with a copy of such e-mails on computer diskette, upon request. In
   the case of identical communications, licensees and permittees may retain
   one sample copy of the letter or electronic mail message together with a
   list identifying other parties who sent identical communications.

   (10) Material relating to FCC investigation or complaint. Material having a
   substantial bearing on a matter which is the subject of an FCC investigation
   or complaint to the FCC of which the applicant, permittee, or licensee has
   been  advised.  This  material  shall be retained until the applicant,
   permittee, or licensee is notified in writing that the material may be
   discarded.

   (11)(i) TV issues/programs lists. For commercial TV and Class A broadcast
   stations, every three months a list of programs that have provided the
   station's  most  significant  treatment of community issues during the
   preceding three month period. The list for each calendar quarter is to be
   filed by the tenth day of the succeeding calendar quarter (e.g., January 10
   for the quarter October—December, April 10 for the quarter January—March,
   etc.) The list shall include a brief narrative describing what issues were
   given  significant  treatment  and  the programming that provided this
   treatment. The description of the programs shall include, but shall not be
   limited to, the time, date, duration, and title of each program in which the
   issue was treated. The lists described in this paragraph shall be retained
   in the public inspection file until final action has been taken on the
   station's next license renewal application.

   (ii) Records concerning commercial limits. For commercial TV and Class A TV
   broadcast stations, records sufficient to permit substantiation of the
   station's certification, in its license renewal application, of compliance
   with the commercial limits on children's programming established in 47
   U.S.C. 303a and 47 CFR 73.670. The records for each calendar quarter must be
   filed by the tenth day of the succeeding calendar quarter (e.g., January 10
   for the quarter October-December, April 10 for the quarter January-March,
   etc.). These records shall be retained until final action has been taken on
   the station's next license renewal application.

   (iii) Children's television programming reports. For commercial TV broadcast
   stations,  both  analog and digital, on a quarterly basis, a completed
   Children's  Television Programming Report (“Report”), on FCC Form 398,
   reflecting efforts made by the licensee during the preceding quarter, and
   efforts  planned  for  the  next quarter, to serve the educational and
   informational needs of children. The Report for each quarter is to be placed
   in the public inspection file by the tenth day of the succeeding calendar
   quarter. By this date, a copy of the Report for each quarter is also to be
   filed electronically with the FCC. The Report shall identify the licensee's
   educational and informational programming efforts, including programs aired
   by the station that are specifically designed to serve the educational and
   informational  needs  of  children,  and it shall explain how programs
   identified as Core Programming meet the definition set forth in § 73.671(c).
   The  Report  shall  include  the name of the individual at the station
   responsible for collecting comments on the station's compliance with the
   Children's Television Act, and it shall be separated from other materials in
   the public inspection file. The Report shall also identify the program guide
   publishers to which information regarding the licensee's educational and
   informational programming was provided as required in § 73.673, as well as
   the station's license renewal date. These Reports shall be retained in the
   public inspection file until final action has been taken on the station's
   next  license  renewal  application.  Licensees  shall publicize in an
   appropriate manner the existence and location of these Reports.

   (iv)  DTV  transition  education reports. For full-power commercial TV
   broadcast  stations,  both analog and digital, on a quarterly basis, a
   completed Form 388, DTV Consumer Education Quarterly Activity Report. The
   Report for each quarter is to be placed in the public inspection file by the
   tenth day of the succeeding calendar quarter. By this date, a copy of the
   Report for each quarter must be filed electronically using the Commission's
   Consolidated DataBase System (CDBS). Stations electing to conform to the
   requirements of § 73.674(b) must also provide the form on the station's
   public Web site, if such exists. The Report shall be separated from other
   materials in the public inspection file. The first Report, covering the
   first quarter of 2008, must be filed no later than April 10, 2008. The
   Reports must continue to be included up to and including the quarter in
   which a station concludes its education campaign. These Reports shall be
   retained  in  the  public  inspection file for one year. Licensees and
   permittees  shall publicize in an appropriate manner the existence and
   location of these Reports.

   (12)  Radio  issues/programs lists. For commercial AM and FM broadcast
   stations, every three months a list of programs that have provided the
   station's  most  significant  treatment of community issues during the
   preceding three month period. The list for each calendar quarter is to be
   filed by the tenth day of the succeeding calendar quarter (e.g., January 10
   for the quarter October—December, April 10 for the quarter January—March,
   etc.). The list shall include a brief narrative describing what issues were
   given  significant  treatment  and  the programming that provided this
   treatment. The description of the programs shall include, but shall not be
   limited to, the time, date, duration, and title of each program in which the
   issue was treated. The lists described in this paragraph shall be retained
   in the public inspection file until final action has been taken on the
   station's next license renewal application.

   (13)  Local public notice announcements. Each applicant for renewal of
   license shall, within 7 days of the last day of broadcast of the local
   public notice of filing announcements required pursuant to § 73.3580(h),
   place in the station's local public inspection file a statement certifying
   compliance with this requirement. The dates and times that the pre-filing
   and post-filing notices were broadcast and the text thereof shall be made
   part of the certifying statement. The certifying statement shall be retained
   in the public file for the period specified in § 73.3580 (for as long as the
   application to which it refers).

   (14) Radio and television time brokerage agreements. For commercial radio
   and television stations, a copy of every agreement or contract involving
   time  brokerage of the licensee's station or of another station by the
   licensee, whether the agreement involves stations in the same markets or in
   differing markets, with confidential or proprietary information redacted
   where appropriate. These records shall be retained as long as the contract
   or agreement is in force.

   (15)  Must-carry  or  retransmission consent election. Statements of a
   commercial television or Class A television station's election with respect
   to either must-carry or re-transmission consent, as defined in § § 76.64 and
   76.1608 of this chapter. These records shall be retained for the duration of
   the three year election period to which the statement applies.

   (16) Radio and television joint sales agreements. For commercial radio and
   commercial television stations, a copy of agreement for the joint sale of
   advertising time involving the station, whether the agreement involves
   stations in the same markets or in differing markets, with confidential or
   proprietary information redacted where appropriate.

   (17)  Class  A  TV continuing eligibility. Documentation sufficient to
   demonstrate that the Class A television station is continuing to meet the
   eligibility requirements set forth at § 73.6001.

   Note 1 to paragraph (e): For purposes of this section, action taken on an
   application tendered with the FCC becomes final when that action is no
   longer subject to reconsideration, review, or appeal either at the FCC or in
   the courts.

   Note 2 to paragraph (e): For purposes of this section, the term “all related
   material” includes all exhibits, letters, and other documents tendered for
   filing with the FCC as part of an application, report, or other document,
   all amendments to the application, report, or other document, copies of all
   documents incorporated therein by reference and not already maintained in
   the public inspection file, and all correspondence between the FCC and the
   applicant pertaining to the application, report, or other document, which
   according to the provisions of § § 0.451 through 0.461 of this part are open
   for public inspection at the offices of the FCC.

   [ 63 FR 49497 , Sept. 16, 1998, as amended at  63 FR 70049 , Dec. 18, 1998;  64 FR 35947 , July 2, 1999;  64 FR 50645 , Sept. 17, 1999;  65 FR 7457 , Feb. 15,
   2000;  65 FR 30006 , May 10, 2000;  65 FR 53614 , Sept. 5, 2000;  65 FR 67288 ,
   Nov. 9, 2000;  70 FR 38 , Jan. 3, 2005;  73 FR 15450 , Mar. 24, 2008;  73 FR 36283 , June 26, 2008;  76 FR 71269 , Nov. 17, 2011;  77 FR 27655 , May 11, 2012]

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