educational (4) For noncommercial FM broadcast stations and standard broadcast stations operating as educational 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 noncommercial educational station (FM or television) or a standard broadcast station operatng as a noncommercial educational station, publication of the notice in a newspaper, as provided in paragraph (a) of this section, is not required, and pubication by broadcast over that station as provided in paragraph (b) shall be deemed sufficient to meet the requirements of paragraphs (a) and (b) of this arction: Provided, however, That noncommercial educational FM broadcast stations, noncommercial educational television broadcast stations, and standard broadcast stations operating as 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 proTons of paragraph (a) of this section. (d) The notice required by paragraphs a) and (b) of this section shall set forth: (1) The name of the applicant or apDicants designated for hearing. 51 094-46 (2) The call letters, if any, of the station 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 Commission's order 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 main studio is maintained or is proposed to be located. See § 1.526. (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 After considering this application, the Commission 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 commencing at --- on -- 19. Members of the public who desire to give evidence concerning the foregoing issues should write to the Federal Communications Commission, Washington, D.C., 20554, not later than Letters should set forth in detail the specific facts concerning which the writer wishes to give evidence. If the Commission believes that the evidence is legally competent, material, and relevant to the issues, it will contact the person in question. NOTE: In subparagraph (2) of this paragraph, the applicant shall insert, as the date on or before which members of the public who desire to give evidence should write to the Commission, the date 30 days after the date of release of the Commission's order specifying the time and place of the commencement of the hearing. (f) When an application for a television broadcast translator station which is subject to the provisions of § 1.580 is designated for hearing, the applicant shall cause to be published a notice of such designation as follows: Notice shall be published at least once during the 2-week period immediately following release of the Commission's order speci fying 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: Provided, however, That, 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 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 Commission's order of designation for hearing. (5) If the application is for renewal of license, the notice shall contain, in addition to the information required by subparagraphs (1) through (4) of this paragraph, 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 Commission, 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 paragraph (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 of 1934, as amended, 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. (Sec. 5(a), 74 Stat. 892; 47 U.S.C. 311) [28 F.R. 12434, Nov. 22, 1963, as amended at 29 F.R. 6444, May 16, 1964; 30 F.R. 4547, Apr. 8, 1965; 30 F.R. 6781, May 19, 1965] § 1.597 Procedures on transfer and assignment applications. (a) If, upon the examination, pursuant to sections 309(a) and 310(b) of the Communications Act of 1934, as amended, of an application for Commission consent to an assignment of a broadcast construction permit or license or for a transfer of control of a corporate permittee or licensee, it appears that the station involved has been operated by the proposed assignor or transferor for less than three successive years, the application will be designated for hearing on appropriate issues pursuant to section 309 (b) of the Communications Act of 1934, as amended, unless the Commission is able to find that: (1) The application involves a translator station only, or an FM station operated for at least three years together with a Subsidiary Communications Authorization held for a lesser period; or (2) The application involves a pro forma assignment or transfer of control; or (3) The assignor or transferor has made an affirmative factual showing, supported by affidavits of a person or persons with personal knowledge thereof, which establishes that (due to unavailability of capital, to death or disability of station principals, or to other changed circumstances affecting the licensee or permittee occurring subsequent to the acquisition of the license or permit) Commission consent to the proposed assignment or transfer of control will serve the public interest, convenience and necessity. (b) The commencement date of the three-year period set forth in paragraph (a) of this section shall be determined as follows: (1) Where the authorizations involved in the application consist of a license and a construction permit authorizing a major change in the facilities of the licensed station (as defined in §§ 1.571, 1.572, and 1.573), the three-year period shall commence with the date of the Commission's grant of the construction permit for the modification. However, when operating authority has been issued to cover the construction permit for a major change in facility, the commencement date for calculating the length of time the station has been operated for purposes of this section shall then revert to the date the licensee received its original operating authority. A grant of authority for minor modifications in authorized facilities shall have no effect upon the calculation of this time period. (2) Where the authorization involved in the application consists of a permit authorizing the construction of a new facility, or of a license covering such permit, the three-year period shall commence with the date of issuance of inital operating authority. (3) Where the operating station involved in the application was obtained by means of an assignment or transfer of control (other than pro forma), the three-year period shall commence with the date of grant by the Commission of the application for said assignment or transfer of control. If the station was put in operation after such assignment or transfer, subparagraphs (1) and (2) of this paragraph shall apply. (4) Where an application is filed for Commission consent to a transfer of control of a corporation holding multiple Licenses and/or construction permits, the commencement date applicable to the Cast-acquired station shall apply to all the stations involved in the transfer, exent where the application involves an FM station operated for less than three ars and an AM station operated for ore than three years, both serving subantially the same area. Said exception all apply to the same circumstances ere assignment applications are inic.ved. c) In determining whether a broadcast interest has been held for three Jars, the Commission will calculate the period between the date of acquisition (as cified in paragraph (b) of this secLon) and the date the application for transfer or assignment is tendered for ng with the Commission. 4) With respect to applications filed after the three-year period, the Chief the Broadcast Bureau is directed (1) to examine carefully such applications, on a case-to-case basis, to determine whether any characteristics of trafficking remain; and (2) if so, to seek additional information, by letter inquiries to the applicants, such as that which will be required to be developed and tested in the hearing process with respect to stations held less than three years. (Sec. 310, 48 Stat. 1086, as amended; 47 U.S.C. 310) § 1.598 Period of construction. Each construction permit will specify a maximum of 60 days from the date of granting thereof as the time within which construction of the station shall begin and a maximum of 6 months thereafter as the time within which construction shall be completed and the station ready for operation, unless otherwise determined by the Commission upon proper showing in any particular case. (Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319) § 1.599 Forfeiture of construction permit. A construction permit shall be automatically forfeited if the station is not ready for operation within the time specified therein or within such further time as the Commission may have allowed for completion, and a notation of the forfeiture of any construction permit under this provision will be placed in the records of the Commission as of the expiration date. (Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319) § 1.601 License, simultaneous modification and renewal. When an application is granted by the Commission necessitating the issuance of a modified license less than 60 days prior to the expiration date of the license sought to be modified, and an application for renewal of said license is granted subsequent or prior thereto (but within 30 days of expiration of the present license), the modified license as well as the renewal license shall be issued to conform to the combined action of the Commission. § 1.603 Special waiver procedure relative to applications. (a) In the case of any broadcast applications designated for hearing, the parties may request the Commission to grant or deny an application upon the basis of the information contained in the applications and other papers specified in paragraph (b) of this section, without the presentation of oral testimony. Any party desiring to follow this procedure should execute and file with the Commission a waiver in accordance with paragraph (e) of this section, and serve copies on all other parties, or a joint waiver may be filed by all the parties. Upon the receipt of waivers from all parties to a proceeding, the Commission I will decide whether the case is an appropriate one for determination without the presentation of oral testimony. If it is determined by the Commission that, notwithstanding the waivers, the presentation of oral testimony is necessary, the parties will be so notified and the case will be retained on the hearing docket. If the Commission concludes that the case can appropriately be decided without the presentation of oral testimony, the record will be considered as closed as of the date the waivers of all parties were first on file with the Commission. (b) In all cases considered in accordance with this procedure, the Commission will decide the case on the basis of the information contained in the applications and in any other papers pertaining to the applicants or applications which are open to public inspection and which were on file with the Commission when the record was closed. The Commission may call upon any party to furnish any additional information which the Commission deems necessary to a proper decision. Such information shall be served upon all parties. The waiver previously executed by the parties shall be considered in effect unless within 10 days of the service of such information the waiver is withdrawn. (c) Any decision by the Commission rendered pursuant to this section will be in the nature of a final decision, unless otherwise ordered by the Commission.. (d) By agreeing to the waiver procedure prescribed in this section, no party shall be deemed to waive the right to petition for reconsideration or rehearing, or to appeal to the courts from any adverse final decision of the Commission. (e) The waiver provided for by this section shall be in the following form: WAIVER The undersigned hereby requests the Commission to consider its application and grant or deny it in accordance with the procedure prescribed in § 1.603 of the Commission's rules and regulations. It is understood that all the terms and provisions of are incorporated in this waiver. § 1.605 Retention of applications in hearing status after designation for hearing. (a) After an application for a broadcast facility is designated for hearing, it will be retained in hearing status upon the dismissal or amendment and removal from hearing of any other application or applications with which it has been consolidated for hearing. (b) Where any applicants for a broadcast facility file a request pursuant to § 1.525(a) for approval of an agreement to remove a conflict between their applications, the applications will be retained in hearing status pending such proceedings on the joint request as may be ordered and such action thereon as may be taken. (1) If further hearing is not required on issues other than those arising out of the agreement, the proceeding shall be terminated and appropriate disposition shall be made of the applications. (2) Review Board action pursuant to this paragraph shall become final unless any of the parties files an application for review within 10 days after public release of the document containing the full text of that action or unless the Commission, by order issued within 20 days after the time for filing an application for review expires, stays the Board's action and reviews that action on its own motion. (3) Where further hearing is required on issues unrelated to the agreement, the presiding officer shall continue to conduct the hearing on such other issues pending final action on the agreement. but the record in the proceeding shall not be closed until such final action on the agreement has been taken. (4) In any case where a conflict between applications will be removed by ar agreement for an engineering amendment to an application, the amended ap plication shall be removed from hearing status upon final approval of the agree ment and acceptance of the amendment (c) An application for a broadcast fa cility which has been designated fo hearing and which is amended so as t eliminate the need for hearing or furthe hearing on the issues specified, other than as provided for in paragraph (b) of this section, will be removed from hearing status. FORMS AND INFORMATION TO BE FILED WITH THE COMMISSION § 1.611 Financial report. Each licensee or permittee of a commercially operated standard, FM, television, or international broadcast station (as defined in Part 73 of this chapter) shall file with the Commission on or before April 1 of each year, on FCC Form 324, an annual financial report. §1.613 Filing of contracts. Each licensee or permittee of a standard, FM, television, or international broadcast station (as defined in Part 73 of this chapter), whether operating or intending to operate on a commercial or noncommercial basis, shall file with the Commission copies of the following contracts, instruments, and documents together with amendments, supplements, and cancellations, within 30 days of execution thereof. The substance of oral contracts shall be reported in writing. (a) Contracts relating to network service: All network affiliation contracts, agreements, or understandings between a station and a national, regional, or other network shall be filed. Transcriptran agreements or contracts for the supplying of film for television stations which specify option time must be filed. This section does not require the filing of transcription agreements or contracts for the supplying of film for television tations which do not specify option time, for contracts granting the right to broadcast music such as ASCAP, BMI, SESAC agreements. (b) Contracts relating to ownership or ntrol: Contracts, instruments, or docments relating to the present or future nership or control of the licensee or Dermittee or of the licensee's or perTee's stock, rights, or interests therein, or relating to changes in such Ownership or control. This paragraph all include but is not limited to the following: (1) Articles of partnership, associaton, and incorporation, and changes in ch instruments; 2) Bylaws, and any instruments effecting changes in such bylaws; (3) Any agreement, document, or instrument (i) providing for the assignment of a license or permit or (ii) affecting, directly or indirectly, the ownership or voting rights of the licensee's or permittee's stock (common or preferred, voting or non-voting), such as: (a) Agreements for transfer of stock; (b) Instruments for the issuance of new stock; or (c) 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. (4) Proxies with respect to the licensee's or permittee's stock running for a period in excess of one year; and all proxies, whether or not running for a period of one 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; Provided, however, That 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 percent or more of the corporation's voting stock; in cases where the licensee or permittee is a corporation having more than 50 stockholders and the stockholders giving the proxies are neither officers or directors nor hold 1 percent or more of the corporation's stock, the only information required to be filed is the name of any person voting 1 percent 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, the maintenance of current assets, etc.; or |