Broadcast Technical Consultants

Serving you since 1994

Instructions:


In our experience, we have found that maintaining a separate Public Inspection File for each station at co-located studios is best.  A drawer in a file cabinet, a cardboard file box, or a portable plastic file box for hanging folders works well.  Place the folders in the file and label them accordingly.  You can use different color folders to distinguish between stations, if you have multiple stations at one location.


The following pages contain detailed information sheets for EACH folder within your Public Inspection File.  Print and attach each page in the front of its respective folder.  This will give you a reference for what is to be in that folder.


If the folder is not applicable to your service (i.e., TV or radio), we recommend deleting the folder in the Public Inspection File.


This is one interpretation of the Commission's rules and regulations on the Public Inspection File.


Graham Brock, Inc., assumes no liability for any omissions, errors or inaccuracies.  We are not attorneys or legal counsel.  We are providing this information to help you organize your Public Inspection Files.  It is you responsibility to consult with your communications attorney to ensure compliance with the Commission's rules and regulations concerning the Public Inspection File.


Station Authorizations


Current Station License and/or Construction Permit.


STL, ICR, RPU, Two-Way Translator License and/or Permits.


(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 any any related materials shall be placed in the file.


Applications and Related Materials


A copy of the most recent Form 301 and 302 applications relevant to the current operation of the station.  Any assignment or transfer applications.  If operating an AM directional, the most recent full proof of performance and the most recent partial proof, including your license renewal application.


(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 applications 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 files 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. 


Citizen Agreements


Agreements between the broadcaster and local civil groups concerning goals or proposed station practices affecting station operation in the public interest.  These must be retained for the term of the agreement.


(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 contract; 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.


Contour Maps


A copy of the most recent and current Service Contour maps (as set forth in the application).


FM - 3.16 mV/m and 1.0 mV/m contours


AM - 1000m/Vm, 5.0 mV/m, and 0.5 mV/m contours


(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 or 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.


Ownership Reports


Ownership Reports - The most recent,, complete Ownership Report filed for the station, along with current amendments.


(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.


Contracts and Agreements


A copy of all contracts on file with the FCC.


Network affiliation, contracts relating to ownership or control of the licensee or permittee or its stock (articles of incorporation, bylaws, mortgage or loan agreements that restrict the licensee or permittee's freedom of operation), management consultant agreements with independent contractors.


Political File


As specified in §73.1943 (2 years), the broadcast order, spot rate and affidavit of performance of any paid political spots, along with the broadcast copy (wording) of the spot.


If free time is supplied any candidate, a record of that time provided (forum for all mayor candidates, etc.)


(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).


Equal Employment Opportunity File


A copy of the annual employment report filed with the FCC as specified in §73.2080 - retained until action taken on the station's next license renewal application.


(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.


The Public and Broadcasting


A copy in the file and the licensee will provide a copy to members of the public on request.  A copy can be downloaded from the FCC's website.


WordPerfect 5.1 Format:     http://www.fcc.gov/mb/apolicy/docs/manual.wp


Acrobat PDF Format:          http://www.fcc.gov/Bureaus/Mass_Media/Factsheets/pubbroad.pdf


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


Letters and E-Mail from the Public


Positive or negative comments - (3 years).  Non-commercial stations are not subject to this requirement.


(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 or 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.


Material Relating to FCC Investigation or Complaint


Any material relating to an FCC complaint or ongoing investigation - retained until notified in writing that the material may be discarded.


(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.



Issues/Program - TV


Filed by the 10th day of the succeeding calendar quarter (i.e., Jan 10 for quarter October - December, etc.).  Shall include narrative, time, date, duration, title, and subject of the program(s) that is of interest to community of license.


Each quarter shall be retained for the period of the station license and until action is taken on the station's next license renewal application.


(11)(i)     TV issues/programs lists.  For commercial TV and Class A TV 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 give 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 files until final action has been taken on the station's next license renewal application.


(11)(ii)     Records concerning commercial limits.  for commercial TV and Class A TV broadcast stations, records sufficient to permit substantiation of the station's commercial limits on children's programming establish in 47 USC 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.


(11)(iii)     Children's television programming reports.  For commercial TV broadcast stations, 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 iwth 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 licnesee's educational and informational programming was provided as required in §73.673(b), as well as the station's license renwal date.  These Reports shall be retained in the public inspection file until final action has been taken on the station's next licnese renewal application.  Licensees shall publicize in a appropriate manner the existence and location of these Reports.


Issues/Program - Radio


Filed by the 10th day of the succeeding calendar quarter (i.e., January 10 for quarter October - December, etc.).


List of programs that have provided their most significant treatment of community issues and shall include narrative, time, date, duration, and title of program(s).


Each quarter shall be retained for the period of the station license and until action is taken on the stations next license renewal application.


(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 (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 give 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.


List of Donors


Non-commercial Radio and TV only.  List of donors supporting specific programs (2 years).


Local Public Notice Announcements


Newspaper ads, broadcast announcements, etc., required by §73.3580(h) - retained for a long as the application to which it refers is active, including license renal and assignment of authorization announcements.


(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 certifiying 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).


Time Brokerage Agreements-Radio/TV


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 (if applicable).


(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 a the contract or agreement is in force.


Must Carry Consent - TV


Must-carry or re-transmission 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.


(15)     Must-carry or re-transmission 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.


Joint Sale Agreements - Radio/TV


Cross sales between stations.  For commercial radio and commercial televisions stations, a copy of agreement for the joint sale of advertising time involving the station.


(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.


Class A TV Eligibility


Documentation sufficient to demonstrate that the Class A television station is continuing to meet the eligibility requirements set for at §73.6001.


(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.