§ 73.3613   Filing of contracts.

   Each licensee or permittee of a commercial or noncommercial AM, FM, TV or
   International  broadcast station shall file with the FCC copies of the
   following contracts, instruments, and documents together with amendments,
   supplements,  and  cancellations (with the substance of oral contracts
   reported in writing), within 30 days of execution thereof:

   (a) Network service: Network affiliation contracts between stations and
   networks will be reduced to writing and filed as follows:

   (1) All network affiliation contracts, agreements, or understandings between
   a TV broadcast or low power TV station and a national network. For the
   purposes of this paragraph the term network means any person, entity, or
   corporation which offers an interconnected program service on a regular
   basis for 15 or more hours per week to at least 25 affiliated television
   licensees in 10 or more states; and/or any person, entity, or corporation
   controlling,  controlled by, or under common control with such person,
   entity, or corporation.

   (2) Each such filing on or after May 1, 1969, initially shall consist of a
   written  instrument containing all of the terms and conditions of such
   contract, agreement or understanding without reference to any other paper or
   document by incorporation or otherwise. Subsequent filings may simply set
   forth renewal, amendment or change, as the case may be, of a particular
   contract previously filed in accordance herewith.

   (3) The FCC shall also be notified of the cancellation or termination of
   network affiliations, contracts for which are required to be filed by this
   section.

   (b) Ownership or control: Contracts, instruments or documents relating to
   the present or future ownership or control of the licensee or permittee or
   of the licensee's or permittee's stock, rights or interests therein, or
   relating to changes in such ownership or control shall include but are not
   limited to the following:

   (1) Articles of partnership, association, and incorporation, and changes in
   such instruments;

   (2) Bylaws, and any instruments effecting changes in such bylaws;

   (3) Any agreement, document or instrument providing for the assignment of a
   license or permit, or affecting, directly or indirectly, the ownership or
   voting rights of the licensee's or permittee's stock (common or preferred,
   voting or nonvoting), such as:

   (i) Agreements for transfer of stock;

   (ii) Instruments for the issuance of new stock; or

   (iii) Agreements for the acquisition of licensee's or permittee's stock by
   the issuing licensee or permittee corporation. Pledges, trust agreements,
   options to purchase stock and other executory agreements are required to be
   filed. However, trust agreements or abstracts thereof are not required to be
   filed, unless requested specifically by the FCC. Should the FCC request an
   abstract of the trust agreement in lieu of the trust agreement, the licensee
   or permittee will submit the following information concerning the trust:

   (A) Name of trust;

   (B) Duration of trust;

   (C) Number of shares of stock owned;

   (D) Name of beneficial owner of stock;

   (E) Name of record owner of stock;

   (F) Name of the party or parties who have the power to vote or control the
   vote of the shares; and

   (G)  Any  conditions  on the powers of voting the stock or any unusual
   characteristics of the trust.

   (4) Proxies with respect to the licensee's or permittee's stock running for
   a period in excess of 1 year, and all proxies, whether or not running for a
   period of 1 year, given without full and detailed instructions binding the
   nominee to act in a specified manner. With respect to proxies given without
   full and detailed instructions, a statement showing the number of such
   proxies, by whom given and received, and the percentage of outstanding stock
   represented by each proxy shall be submitted by the licensee or permittee
   within 30 days after the stockholders' meeting in which the stock covered by
   such proxies has been voted. However, when the licensee or permittee is a
   corporation having more than 50 stockholders, such complete information need
   be filed only with respect to proxies given by stockholders who are officers
   or directors, or who have 1% or more of the corporation's voting stock. When
   the licensee or permittee is a corporation having more than 50 stockholders
   and the stockholders giving the proxies are not officers or directors or do
   not  hold  1% or more of the corporation's stock, the only information
   required to be filed is the name of any person voting 1% or more of the
   stock by proxy, the number of shares voted by proxy by such person, and the
   total number of shares voted at the particular stockholders' meeting in
   which the shares were voted by proxy.

   (5)  Mortgage or loan agreements containing provisions restricting the
   licensee's or permittee's freedom of operation, such as those affecting
   voting rights, specifying or limiting the amount of dividends payable, the
   purchase of new equipment, or the maintenance of current assets.

   (6)  Any  agreement  reflecting a change in the officers, directors or
   stockholders of a corporation, other than the licensee or permittee, having
   an interest, direct or indirect, in the licensee or permittee as specified
   by § 73.3615.

   (7)  Agreements providing for the assignment of a license or permit or
   agreements  for  the  transfer  of  stock filed in accordance with FCC
   application Forms 314, 315, 316 need not be resubmitted pursuant to the
   terms of this rule provision.

   (c)  Personnel:  (1) Management consultant agreements with independent
   contractors; contracts relating to the utilization in a management capacity
   of any person other than an officer, director, or regular employee of the
   licensee  or permittee; station management contracts with any persons,
   whether or not officers, directors, or regular employees, which provide for
   both  a  percentage of profits and a sharing in losses; or any similar
   agreements.

   (2) The following contracts, agreements, or understandings need not be
   filed: Agreements with persons regularly employed as general or station
   managers or salesmen; contracts with program managers or program personnel;
   contracts  with  attorneys, accountants or consulting radio engineers;
   contracts with performers; contracts with station representatives; contracts
   with labor unions; or any similar agreements.

   (d)(1) Time brokerage agreements (also known as local marketing agreements):
   Time  brokerage agreements involving radio stations where the licensee
   (including all parties under common ownership) is the brokering entity, the
   brokering and brokered stations are both in the same market as defined in
   the local radio multiple ownership rule contained in § 73.3555(a), and more
   than 15 percent of the time of the brokered station, on a weekly basis is
   brokered by that licensee; time brokerage agreements involving television
   stations where the licensee (including all parties under common control) is
   the brokering entity, the brokering and brokered stations are both licensed
   to the same market as defined in the local television multiple ownership
   rule contained in § 73.3555(b), and more than 15 percent of the time of the
   brokered station, on a weekly basis, is brokered by that licensee; time
   brokerage agreements involving radio or television stations that would be
   attributable  to  the  licensee  under § 73.3555 Note 2, paragraph (i).
   Confidential or proprietary information may be redacted where appropriate
   but such information shall be made available for inspection upon request by
   the FCC.

   (2) Joint sales agreements: Joint sales agreements involving radio stations
   where the licensee (including all parties under common control) is the
   brokering entity, the brokering and brokered stations are both in the same
   market as defined in the local radio multiple ownership rule contained in
   § 73.3555(a),  and  more than 15 percent of the advertising time of the
   brokered station on a weekly basis is brokered by that licensee; joint sales
   agreements involving television stations where the licensee (including all
   parties under common control) is the brokering entity, the brokering and
   brokered  stations are both in the same market as defined in the local
   television multiple ownership rule contained in § 73.3555(b), and more than
   15 percent of the advertising time of the brokered station on a weekly basis
   is brokered by that licensee. Confidential or proprietary information may be
   redacted where appropriate but such information shall be made available for
   inspection upon request by the FCC.

   (e) The following contracts, agreements or understandings need not be filed
   but shall be kept at the station and made available for inspection upon
   request  by  the  FCC;  subchannel  leasing  agreements for Subsidiary
   Communications Authorization operation; franchise/leasing agreements for
   operation of telecommunications services on the television vertical blanking
   interval  and in the visual signal; time sales contracts with the same
   sponsor for 4 or more hours per day, except where the length of the events
   (such as athletic contests, musical programs and special events) broadcast
   pursuant to the contract is not under control of the station; and contracts
   with chief operators.

   [ 44 FR 38512 , July 2, 1979, as amended at  47 FR 21496 , May 18, 1982;  50 FR 4664 , Feb. 1, 1985;  50 FR 30951 , July 31, 1985;  51 FR 9966 , Mar. 24, 1986;
    51 FR 15785 , Apr. 28, 1986;  57 FR 18093 , Apr. 29, 1992;  57 FR 42706 , Sept.
   16, 1992;  61 FR 36305 , July 10, 1996;  63 FR 70050 , Dec. 18, 1998;  64 FR 50646 , Sept. 17, 1999;  66 FR 9972 , Feb. 13, 2001;  68 FR 46358 , Aug. 5, 2003;
    79 FR 29006 , May 20, 2014]

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