Is Your Public File in Order?
by Jack Layton, CPBE
There is little ambiguity in the FCC rules that
spell out the requirements for commercial broadcast station public
inspection files, as well as those that cover the non-commercial
stations.
For commercial broadcasters, the FCC Rules Section
73.3526 applies; for non-commercial broadcasters, Section 73.3527
applies.
Yet in the course of performing alternative
broadcast inspection program compliance inspections, I rarely
come across a file that is complete, orderly and in compliance
with the rules.
Keeping in mind that an article is no substitute
for legal advice, let’s examine the actual requirements set
forth by the rules for the public file of a broadcast facility.
Who is required to maintain a file –
Every facility licensee and construction permit applicant for
a new broadcast facility is required to maintain a public file.
File location – The file is to be
maintained at the station’s main studio. The main studio
is the only acceptable location for the public file for an operating
broadcast facility.
Public access – Commission policy
mandates that the licensee maintain a human presence at the main
studio location during normal business hours so any member of
the public can access the public inspection file.
Normal business hours typically are an eight-hour
period between 8 a.m. and 6 p.m. local time, Monday through Friday.
Computer access – 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.
Material in the file also must be made available, upon an in-person
request, for printing or reproduction.
A reasonable charge may be made for such services.
Individual station files – A separate
file is to be maintained for each station for which an authorization
is outstanding. This means that in communities where the licensee
operates more than one station (including an AM/FM combination)
a separate file for each station must be maintained.
Station authorization – A copy of
the current FCC authorization to construct or operate the station
along with any material reflecting a modification to it or placing
conditions on an authorization must be available in the file.
In practical terms, this means a complete paper
trail of current operating authority must be in the public file:
copies of the station’s license, the latest renewal card,
documentation changing the station’s call letters and documentation
changing the name of the licensee if different than what appears
on the license.
Applications – A copy of any application
filed with the FCC, along with any related material (exhibits,
etc.), are required to be available for as long as they are pending.
Any application that is granted conditioned upon a waiver or any
renewal application granted for a short term must remain in the
file as long as the waiver is in effect or until the next full-term
renewal is granted.
Citizen agreements – A copy of written
citizen agreements must be available. A citizen agreement is an
agreement between a licensee and one or more citizens that deal
with goals or proposed practices that affect station operations
in the public interest in areas such as – but not limited
to – programming and employment.
Agreements must be available for as long as
they are in force.
Contour maps – A copy of any service
contour maps submitted with any application filed with the FCC
must be available and must be retained for as long as it accurately
reflects current information. A sales brochure with a coverage
map (unless it was the map submitted with the application) does
not fulfill this requirement.
Ownership report – Ownership reports
are required to be filed with the FCC every other year. A copy
of the most recent complete report that accurately reflects ownership
of the facility (FCC Form 323 or FCC Form 323E for non-commercial
educational stations) must be available in the file.
Political file – The station must
keep in the file a complete and orderly record of all requests
for broadcast time made by or on behalf of a candidate for public
office, together with an appropriate notation showing the disposition
of the request and the charges made, if the request is granted.
The term "disposition" includes the
schedule of time purchased, when the spots actually aired, the
rates charged and the class of time purchased.
If free time is provided for use by or on behalf
of a candidate, a record of the time provided must be available
in the file. Political information must be placed in the file
immediately and retained for a two- year period.
EEOC reports – In January 2001, the
U.S. Court of Appeals held that the FCC’s current Equal Employment
Opportunity rules were unconstitutional.
Shortly thereafter, the FCC issued an order
suspending its EEO record-keeping requirements. Thus this article
omits reference to these requirements.
‘The Public and Broadcasting’ –
A copy of the latest edition of the FCC manual "The Public
and Broadcasting" must be available. This is the June 1999
edition. It is available on the Internet at www.fcc.gov/mmb/asd/welcome.html.
A copy of this manual must be mailed to anyone
requesting it. The station pays the postage.
Letters and e-mail from the public –
All letters and written comments received from the public
regarding the operation of the station must be placed in the file.
Written comments and suggestions include electronic
mail sent to an e-mail address that the station publicized or
communications addressed to station management.
Exceptions include when the writer requests
that it not be placed in the file or when the licensee feels that
nature of the comments are obscene or defamatory.
Mail and e-mail addressed to station employees
need not be retained in the file. Letters and e-mail must be retained
for a three-year period from the date it is received.
FCC investigations or complaints – Any
material having a substantial bearing on a matter that is the
subject of an FCC investigation or complaint is required to be
in the file. Such material must be retained until the FCC advises
the licensee that it may be discarded.
Radio issues/program lists – Every
three months a list of programs that dealt with the station’s
most significant community issues must be prepared and placed
in the file. This must be done no later than the 10th day following
the close of a calendar quarter.
The list must contain a brief narrative that
describes which issues were addressed and which programs provided
this treatment. It must at least include the time, date, duration
and the title of each program in which the issue was treated.
This material must remain in the file until final action is taken
on the station’s next renewal application.
Time brokerage, joint sales and local marketing
agreements – A copy of every station LMA or time brokerage
agreement or contract must be available in the file. In addition,
time brokerage or LMAs by any other station’s licensee at
your station must be in the file.
A copy of every agreement or contract joint
sale of station advertising time, whether between stations in
the same market or other markets, must be available in the file.
This information must be retained for as long
as the agreement is in force. Confidential or proprietary information
regarding LMAs, time brokerage and joint sale of advertising time
agreements may be edited for public release.
Conclusion
The rules applicable to the Local Public Inspection
File are easy to understand. The information required to be in
the file, for the most part, is generated internally at the radio
station. It’s a matter of pulling together the required information
and documentation and organizing it.
The author is the owner of Layton Technical
Services in McMurray, Pa. He provides technical consulting services,
including ABIP compliance inspections and due diligence inspections
for the broadcast industry. Contact him via e-mail to layton@sgi.net.
