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THE PUBLIC AND BROADCASTING
June 1999
Prepared by the
Mass Media Bureau (now Media
Bureau)
Federal Communications Commission,
Washington, DC 20554
TABLE OF CONTENTS
INTRODUCTION
THE FCC AND ITS REGULATORY AUTHORITY
THE LICENSING OF TV AND RADIO STATIONS
BROADCAST PROGRAMMING: BASIC LAW AND POLICY
- BROADCAST PROGRAMMING: LAW AND
POLICY ON SPECIFIC KINDS OF PROGRAMMING
BROADCASTING AND ADVERTISING
INTERFERENCE
- COMMENTS OR COMPLAINTS ABOUT A
STATION
THE LOCAL PUBLIC INSPECTION FILE
- Requirement to Maintain a Public
Inspection File
- Purpose of the File
- Viewing the Public Inspection File
- Contents of the File
- The License
- Applications and Related Materials
- Citizen Agreements
- Contour Maps
- Material Relating to an FCC
Investigation or a Complaint
- Ownership Reports and Related
Material
- List of Contracts Required to be
Filed with the FCC
- Political File
- [Annual Employment Reports and
Related Material]
- Copies of this Manual
- Letters and E-Mail from the Public
- Issues/Programs List
- Children's Television Programming
Reports
- Records Regarding Children's
Programming Commercial Limits
- Radio Time Brokerage Agreements
- List of Donors
- Local Public Notice Announcements
- Must-Carry or Retransmission
Consent Election
Where "The Public and
Broadcasting" May Be Obtained
INTRODUCTION
This manual provides a brief overview of the regulation of broadcast
radio and television. It describes the Federal
Communications Commission (FCC), the federal agency authorized by
Congress to regulate broadcasting. It also discusses how broadcast
stations are licensed, their obligation to serve their local
communities, and other requirements relating to broadcast programming
and advertising. This manual also describes the public
inspection file, which contains documents relevant to the station's
operation. This file is maintained and made available to the public by
all radio and TV stations.
This manual's purpose is to provide information to help you encourage
stations to provide high quality broadcasting service. We want you to
become involved by contacting your local stations and (if necessary) us
regarding your concerns about their programming or other matters related
to the stations. An informed public plays a vital role in helping
stations serve the local community's needs. This manual will be updated
periodically and maintained on our Internet home page at www.fcc.gov.
Our Internet home page
also has a variety of other information about us, our rules, current FCC
proceedings, and other issues. You may also call our toll-free number
with specific questions at 1-888-CALL FCC
(1-888-225-5322).
This manual provides only a general overview of our broadcast rules
and policies. It is not intended to be a comprehensive or controlling
statement of these rules and policies.
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THE FCC AND ITS REGULATORY AUTHORITY
The Communications Act. The
FCC was created by Congress in the Communications Act of 1934 for the
purpose, in part, of "regulating interstate and foreign commerce in
communication by wire and radio so as to make available, so far as
possible, to all the people of the United States a rapid, efficient,
Nation-wide, and world-wide wire and radio communications
service...." (The word "radio" in its all-inclusive sense
also applies to television.) The Communications Act authorizes the FCC
to "make such regulations not inconsistent with law as it may deem
necessary to prevent interference between stations and to carry out the
provisions of [the] Act."
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How the FCC Adopts
Regulations. Like most other federal agencies, the FCC cannot adopt
regulations without first notifying and seeking comment from the public.
We release a document called a Notice of Proposed Rule Making,
where we explain the specific regulations we are proposing and set a
deadline for public comment. After we have had a chance to hear from the
public, we generally have several options. We can: (1) adopt the
proposed rules; (2) adopt a modified version of the proposed rules; (3)
ask for public comment on additional issues relating to the proposals;
or (4) end the rule making proceeding without adopting any rules at all.
You can find information about how to file comments in our rule making
proceedings on our Internet web site at www.fcc.gov.
You can also file comments electronically from this site. We also
establish broadcast regulatory policies through individual cases that we
decide.
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The FCC and the Media
Bureau. The FCC has five commissioners, who are appointed by the
President and confirmed by the Senate. Under the commissioners are
various operating bureaus, one of which is the Media Bureau. The Media
Bureau has day-to-day responsibility for developing, recommending and
administering the rules governing radio and television stations. These
rules are in Title 47 of the Code of Federal Regulations ("CFR"),
Parts 73 and 74. Our rules of practice and procedure are in Part 1 of
Title 47.
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FCC Regulation of
Broadcast Radio and Television. The FCC allocates new stations based
both on the relative needs of communities for additional broadcast
outlets and on engineering standards that prevent interference between
stations. Whenever we look at an application -- whether to build,
modify, renew or sell a station -- we must determine if granting it
would serve the public interest. This is required by the Communications
Act. We expect stations to be aware of the important problems or issues
in their communities and to foster public understanding by presenting
some programs and/or announcements about local issues. However,
broadcasters -- not the FCC or any other government agency -- are
responsible for selecting all the material they air. The Communications
Act prohibits us from censoring broadcast matter and, therefore, our
role in overseeing the content of programming is very limited. We are
authorized to fine a station or revoke its license if it has, among
other things, aired obscene
language, broadcast
indecent language when children are likely to be in the audience,
broadcast some types of lottery
information, or solicited money
under false pretenses.
Broadcast television stations and other types of TV channels (such as
cable TV) are very different. Cable TV channels are available only by
subscription and cannot be received over the air, and they are subject
to different FCC rules than broadcast stations. Generally, this manual
relates only to broadcast TV and radio stations. Please keep in
mind that even if you can get a broadcast TV station on your cable
system, it is still regulated as a broadcast station.
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THE
LICENSING OF TV AND RADIO STATIONS
Commercial and
Noncommercial-Educational Stations. We license radio and TV stations
to be either commercial or noncommercial-educational. Commercial
stations generally support themselves by advertising. In contrast,
noncommercial-educational stations (including public stations) generally
support themselves by contributions from listeners and viewers, and they
may also receive government funding. Noncommercial-educational stations
may also receive contributions from for-profit entities, and they may
acknowledge such contributions or underwriting donations with
announcements naming and generally describing the entity. However,
noncommercial-educational stations may not broadcast promotional
announcements or commercials on behalf of for-profit entities. [See Noncommercial
Nature of Educational Broadcasting for additional information.].
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Applications to Build New Stations; Length of
the License Period. Before you can build a new TV or radio station,
you must first apply to the FCC for a construction permit. You must
demonstrate that you are qualified to construct and operate as proposed
in your application. After you build the station, you must file a
license application, where you certify that you have constructed the
station consistently with the construction permit. [ See How
to Apply for a Broadcast Station for additional information.]
We license radio and TV stations for a period of up to eight years.
Before we can renew a station's license, we must first determine whether
it has served the public interest. In addition, to have its license
renewed, a station must certify that:
- it has sent us certain specified reports that we require;
- its ownership is consistent with Section 310(b) of the
Communications Act, which restricts interests held by foreign
governments and non-citizens;
- there has not been a judgment against it by a court or
administrative body under federal, state, or local law; and
- it has placed certain specified material in its public
inspection file. (We discuss what has to go into the public
inspection file later in this manual).
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Employment Discrimination and
Equal Employment Opportunity ("EEO"). We require all radio
and TV stations to afford equal opportunity in employment. We also
prohibit employment discrimination on the basis of race, color,
religion, national origin, or sex. We are in the process of studying
various options to implement these policies in the form of specific
rules that will comply with recent court decisions.
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Public Participation in
Licensing Process.
- Renewal Applications. You can file a formal protest against
a station by filing a formal petition to deny its renewal
application, or by sending us an informal objection to the
application. You must file a petition to deny the application by the
end of the first day of the last full calendar month of the expiring
license term. (For example, if the license expires on December 31,
you have to file your petition by the end of the day on December 1).
Before you file a petition to deny an application, you should check
our rules and policies, to make sure that the petition complies with
our procedural requirements. Before their licenses expire, stations
have to broadcast announcements giving the date the license will
expire, the date on which a renewal application must be filed, and
the date by which formal petitions against it must be filed. You can
file an informal objection at any point until we either grant or
deny the application.
- Other Types of Applications. You can also participate
formally in the application process when a station is sold
(technically called an assignment of the license),
undergoes a major stock transfer (technically called a transfer
of control), or proposes major construction. The station
owner is required to run a series of advertisements in the closest
local newspaper when it files these types of applications. Later,
the FCC will also run a "Public
Notice" (all FCC Public Notices are placed on our Internet
home page at www.fcc.gov) and open a 30 day period during which you
may file petitions to deny these applications. As with renewal
applications, you can also file an informal objection at any point
until we either grant or deny the application.
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BROADCAST PROGRAMMING: BASIC LAW AND POLICY
The FCC and Freedom of Speech. The First Amendment and federal
law generally prohibit us from censoring broadcast material and from
interfering with freedom of expression in broadcasting.
Individual radio and TV stations are responsible for selecting
everything they broadcast and for determining how they can best serve
their communities. Stations are responsible for choosing their
entertainment programming, as well as their programs concerning local
issues, news, public affairs, religion, sports events, and other
subjects. They also decide how their programs (including call-in shows)
will be conducted and whether to edit or reschedule material for
broadcasting. We do not substitute our judgment for that of the station,
and we do not advise stations on artistic standards, format, grammar, or
the quality of their programming. This also applies to a station's
commercials, with the exception of commercials for political candidates
during an election (which we discuss later in this manual).
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Access to Station
Facilities. Stations are not required to broadcast everything that
is offered or suggested to them. Except as required by the
Communications Act and our rules concerning personal attacks, political
editorials, and the use of stations by candidates for public office
(which are discussed later in this manual), stations have no obligation
to have any particular person participate in a broadcast or to present
that person's remarks. Further, no federal law or rule requires stations
to broadcast "public service announcements" of any kind.
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Retention of Material
Broadcast. We generally do not require stations to keep the material
they broadcast. However, there are limited exceptions to this policy for
personal attacks and political editorials.
Personal Attacks.
Personal attacks occur when, during the presentation of views on a
controversial issue of public importance, someone attacks the honesty,
character, integrity, or like personal qualities of an identified
person or group. No more than a week after a personal attack, the
station must transmit the following three things to the person or
group attacked: (1) notification of the date, time, and identification
of the broadcast; (2) a tape, script or accurate summary of the
attack; and (3) an offer of a reasonable opportunity to respond on the
air.
Political Editorials. A
political editorial is when a station endorses or opposes a legally
qualified candidate(s) during a broadcast of its own opinion.
(The opinions of other people broadcast over the station are referred
to as "comments" or "commentary"). Whether a
statement of opinion is an editorial or a commentary will usually be
made clear at the beginning of the statement. Within 24 hours after
the editorial, the station must transmit the following three things to
the other qualified candidate(s) for the same office, or to the
candidate(s) that were opposed: (1) notification of the date and time
of the editorial; (2) a script or tape of the editorial; and (3) an
offer of a reasonable opportunity for the candidate or a spokesperson
for the candidate to respond on the air.
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Station Identification.
Stations must make identification announcements when they sign on and
off for the day. They must also make the announcements hourly, as close
to the hour as possible, at a natural programming break. TV stations may
make these announcements on- screen or by voice only. Official station
identification includes the station's call letters followed by the
community or communities specified in its license as the station's
location. Between the call letters and its community, the station may
insert the name of the licensee, the station's channel number, and/or
its frequency. However, we do not allow any other insertion.
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BROADCAST
PROGRAMMING:
LAW AND POLICY ON SPECIFIC KINDS OF PROGRAMMING
Broadcast Journalism. Under
the First Amendment and the Communications Act, the FCC cannot tell
stations how to select material for news programs, and we cannot
prohibit the broadcasting of an opinion on any subject. We also do not
review anyone's qualifications to gather, edit, announce, or comment on
the news; these decisions are the station's responsibility.
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Political Broadcasting.
- Broadcasts by Candidates for Public Office. When a
qualified candidate for public office has been permitted to use a
station, the Communications Act requires the station to "afford
equal opportunities to all other such candidates for that
office." The Act also states that the station "shall have
no power of censorship over the material broadcast" by the
candidate. We do not consider either of the following two categories
as a "use" that is covered by this rule:
- An appearance by a legally qualified candidate on a bona fide
newscast, interview or documentary (if the appearance of the
candidate is incidental to the presentation of the subject
covered by the documentary); or
- on-the-spot coverage of a bona fide news event (including
political conventions and related incidental activities).
- Political Editorials. Within 24 hours of airing an
editorial where the station itself either supports or opposes a
candidate for public office, it must transmit the following three
things to the other qualified candidate(s) for the same office or to
the candidate who was opposed in the editorial: (1) notification of
the date and the time of the editorial; (2) a script or tape of the
editorial; and (3) an offer of a reasonable opportunity for the
candidate or a spokesperson for the candidate to respond on the air.
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Children's Television
Programming. Throughout its license term, every TV station must
serve the educational and informational needs of children both through
its overall programming, and through programming that is specifically
designed to serve those needs.
- Educational and Informational. We consider programming to
be educational and informational if it in any respect furthers the
educational and informational needs of children 16 years old and
under (this includes their intellectual/cognitive or
social/emotional needs).
- Specifically Designed to Serve These Needs. A program is
considered "specifically designed to serve educational and
information needs of children" if: (1) that is its significant
purpose; (2) it is aired between the hours of 7:00 a.m. and 10:00
p.m.; (3) it is a regularly scheduled weekly program; and (4) it is
at least 30 minutes in length.
Commercial TV stations must identify programs specifically designed
to educate and inform children at the beginning of the program, in a
form left to their discretion, and must provide information identifying
such programs to publishers of program guides. Additionally, in TV
programs aimed at children 12 and under, advertising may not exceed 10.5
minutes an hour on weekends and 12 minutes an hour on weekdays.
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Criticism, Ridicule, and Humor
Concerning Individuals, Groups, and Institutions. The First
Amendment's guarantee of freedom of speech protects programming that
stereotypes or otherwise offends people with regard to their religion,
race, national background, gender, or other characteristics. It also
protects broadcasts that criticize or ridicule established customs and
institutions, including the government and its officials. If there is to
be genuine free speech, people must be free to say things that the
majority may abhor, not only things that the majority finds tolerable or
congenial.
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"Clear and Present
Danger." The Constitution protects advocacy of using force or
of violating the law. However, the Supreme Court has said that the
government may curtail speech if it is both: (1) intended to incite or
produce dangerous activity; and (2) likely to succeed in achieving that
result. Even where this "clear and present danger" test is
met, we believe that any review that might lead to a curtailment of
speech should be performed by the appropriate criminal law enforcement
authorities, and not by the FCC.
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Obscenity and Indecency.
Federal law prohibits the broadcasting of obscene programming and
regulates the broadcasting of "indecent" language.
Obscene
speech is not protected by the First Amendment and cannot be
broadcast at any time. To be obscene, material must have all three of
the following characteristics:
- an average person, applying contemporary community standards, must
find that the material, as a whole, appeals to the prurient
interest;
- the material must depict or describe, in a patently offensive way,
sexual conduct specifically defined by applicable law; and
- the material, taken as a whole, must lack serious literary,
artistic, political, or scientific value.
Indecent
speech is protected by the First Amendment and cannot be
outlawed. However, the courts have upheld Congress's prohibition of the
broadcast of indecent speech during times of the day when there is a
reasonable risk that children may be in the audience. Broadcasts that
fall within the definition of indecency and that are aired between 6:00
a.m. and 10:00 p.m. are subject to indecency enforcement action by the
FCC. Indecent speech is defined as "language or material that, in
context, depicts or describes, in terms patently offensive as measured
by contemporary community standards for the broadcast medium, sexual or
excretory organs or activities."
Profanity that does not fall under one of the above two categories is
fully protected by the First Amendment and cannot be regulated.
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Violent Programming -- The
V-Chip and TV Program Ratings. Some members of the public have
expressed concern about violent television programming and the impact
this programming has on children. In response to these concerns,
Congress passed a law in 1996 to require TV sets with screens 13 inches
or larger to be equipped with "v-chip technology" -- a device
that allows parents to program their TV sets to block display of TV
programming that carries a certain rating. This technology was developed
together with a voluntary television rating system created by the
television industry, which enables parents to identify programming which
contains sexual, violent, or other indecent material they believe may be
harmful to their children. The FCC has established rules requiring that
by July 1, 1999, half of televisions with screens 13 inches and larger
have the v-chip, and that by January 1, 2000, all such televisions have
the v-chip.
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Station-Conducted
Contests. Stations that broadcast or advertise information about
a contest that they conduct must fully and accurately disclose the
material terms of the contest, and they must conduct the contest
substantially as announced or advertised. Contest descriptions may not
be false, misleading, or deceptive with respect to any material term.
Material terms include the factors that define the operation of the
contest and affect participation.
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Broadcast
Hoaxes. Broadcasting false information concerning a crime or a
catastrophe violates the FCC's rules if:
- the station knew the information was false;
- broadcasting the false information directly caused substantial
public harm; and
- it was foreseeable that broadcasting the false information would
cause substantial public harm.
In this context, a "crime" is an act or omission that makes
the offender subject to criminal punishment by law, and a
"catastrophe" is a disaster or imminent disaster involving
violent or sudden events affecting the public. "Public harm"
must begin immediately; it must cause direct and actual damage to
property or to the health or safety of the general public, or diversion
of law enforcement or other public health and safety authorities from
their duties.
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Lotteries. Federal law
prohibits broadcasting any advertisement for a lottery or any
information concerning a lottery. A lottery is any game, contest, or
promotion that contains the elements of prize, chance, and
"consideration" (a legal term that means an act or promise
that is made to induce someone into an agreement).
There are a number of exceptions to this prohibition. Some of the
exceptions are: (1) lotteries conducted by a state acting under the
authority of state law, where the advertisement or information is
broadcast by a radio or TV station licensed to a location in that state
or in any other state that conducts such a lottery; (2) gaming conducted
by an Indian Tribe under the Indian Gaming Regulatory Act; (3) lotteries
authorized or not otherwise prohibited by the state in which they are
conducted, and which are conducted by a not-for-profit organization or a
governmental organization; and (4) lotteries conducted as a promotional
activity by commercial organizations that are clearly occasional and
ancillary to the primary business of that organization, as long as the
lotteries are authorized or not otherwise prohibited by the state in
which they are conducted. The prohibition regarding lottery advertising
is currently under review by the Supreme Court.
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Soliciting Funds. No
federal law prohibits broadcast requests for funds for legal purposes
(including appeals by stations for contributions to meet their operating
expenses) if the money or other valuable things contributed are used for
the announced purposes. It is up to an individual station to decide
whether to permit fund solicitations. Fraud by wire, radio or television
is prohibited by federal law and may lead to FCC sanctions, as well as
to criminal prosection by the U.S. Department of Justice.
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Broadcasting
Telephone Conversations. Before recording a telephone
conversation for broadcast, or broadcasting a telephone conversation
live, a station must inform any party to the call of its intention to
broadcast the conversation. However, this does not apply to
conversations whose broadcast can reasonably be presumed (for example,
telephone calls to programs where the station customarily broadcasts the
calls).
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BROADCASTING
AND ADVERTISING
Business Practices, Advertising
Rates, and Profits. Except with respect to political advertisements, we
do not regulate a station's advertising rates or its profits. Rates charged
for broadcast time are matters for negotiation between sponsors and
stations. Further, except for certain classes of political advertisements
(which we discuss elsewhere in this manual), stations are free to accept or
reject any advertising.
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Sponsorship Identification.
Sponsorship identification or disclosure must accompany any material that is
broadcast in exchange for money, service, or anything else of value paid to
a station, either directly or indirectly. This announcement must clearly say
that the time was purchased and by whom. In the case of advertisements for
commercial products or services, it is sufficient to announce the sponsor's
corporate or trade name, or the name of the sponsor's product (where it is
clear that the mention of the product constitutes a sponsorship
identification).
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Underwriting Announcements
on Noncommercial-Educational Stations. Noncommercial educational
stations may acknowledge contributions over the air, but they may not
promote the goods and services of for-profit donors or underwriters.
Acceptable "enhanced underwriting" acknowledgements of for-profit
donors may include (1) logograms and slogans that identify but do not
promote; (2) location information; (3) value-neutral descriptions of a
product line or service; and (4) brand names, trade names, and product
service listings. However, such acknowledgements may not interrupt a
noncommercial station's regular programming. [See Noncommercial
Nature of Educational Broadcasting for additional information.]
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Amount of Advertising.
Except with respect to children's television programming, no law or
regulation limits the amount of commercial matter that a station may
broadcast. In TV programs aimed at children 12 and under, advertising may
not exceed 10.5 minutes an hour on weekends and 12 minutes an hour on
weekdays.
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Loud Commercials. In surveys
and technical studies of broadcast advertising, we have found that loudness
is a judgment that varies with each listener and is influenced by many
factors (such as an announcement's content and style). We have also found no
evidence that stations deliberately raise audio and modulation levels to
emphasize commercial messages.
Broadcast licensees have primary responsibility for the adoption of
equipment and procedures to avoid objectionably loud commercials. You should
address any complaint about such messages to the station(s) involved. You
should identify each message by the sponsor or product's name and by the
date and time of the broadcast.
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False or Misleading Advertising.
The Federal Trade Commission has primary responsibility for determining
whether an advertisement is false or deceptive and for taking action against
the sponsor. Also, the Food and Drug Administration has primary
responsibility for the safety of food and drug products. You should contact
these agencies regarding advertisements that you believe may be false or
misleading.
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Offensive Advertising.
Unless a broadcast advertisement is found to be in violation of a specific
law or regulation, the government cannot take action against it. If you
think that an advertisement is offensive because of the kind of item
advertised, the scheduling of the announcement, or the way the message is
presented, then you should address your complaint directly to the stations
and networks involved. This will help them become better informed about
audience opinion.
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Tobacco and Alcohol. Federal
law prohibits advertising for cigarettes, little cigars, smokeless tobacco,
or chewing tobacco on radio, TV, or any other medium of electronic
communication under the FCC's jurisdiction. The law does not ban the
advertising of smoking accessories, cigars, pipes, pipe tobacco, or
cigarette-making machines.
Congress has not enacted any law prohibiting broadcast advertising for
any kind of alcoholic beverage. Also, the FCC does not have a rule or policy
regulating advertisements for alcoholic beverages.
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Subliminal Programming. We
sometimes receive complaints regarding the alleged use of subliminal
techniques in radio and TV programming. Subliminal programming is designed
to be perceived on a subconscious level only. Regardless of whether it is
effective, the use of subliminal perception is inconsistent with a station's
obligation to serve the public interest because the broadcast is intended to
be deceptive.
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INTERFERENCE
Blanketing Interference. Some
people who are close to a radio station's transmitting antenna may
experience impaired reception of other stations. This is called
"blanketing" interference. We require the station causing the
interference to resolve most interference complaints received within the
first year of operation at no cost to the person complaining, provided that
the person is located within the station's blanketing contour (115 dBu
contour for FM stations, 1 V/m contour for AM stations). However, stations
are not required to resolve interference complaints based on malfunctioning
or mistuned receivers, improperly installed antenna systems, or the use of
high gain antennas or antenna booster amplifiers. Mobile receivers and
non-radio frequency (RF) devices such as tape recorders or CD players are
also excluded. Stations are not financially responsible for resolving
interference complaints located outside the blanketing contour. However, we
encourage broadcasters to cooperate with complaining parties by giving them
technical help.
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How to Resolve Interference
Problems. If you believe that you are receiving blanketing or any other
type of interference, we encourage you to first communicate directly to the
station allegedly causing the interference. If the station does not
satisfactorily resolve the problem, you can mail, fax, or e-mail a complaint
to us at the following address:
| For radio stations: |
Federal Communications
Commission
Audio Division, Media Bureau
445 12th St. SW
Washington, DC 20554
Fax number: (202) 418-1410
E-mail address: dbickel@fcc.gov
|
For TV stations: |
Federal Communications
Commission
Video Division, Media Bureau
445 12th St. SW
Washington, DC 20554
Fax number: (202) 418-2827
E-mail address: dbennett@fcc.gov
|
Your complaint should include: (1) your name, address
and phone number; (2) the call letters of the station(s) involved; (3) the
location(s) where the interference occurs; and (4) the specific devices
receiving the interference. The more specific your complaint is, the easier
it is to identify and resolve the interference.
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COMMENTS
OR COMPLAINTS ABOUT A STATION
Comments to Stations and
Networks. We encourage you to write directly to station management and
network officials to comment on broadcast service. These are the people who
are responsible for selecting the station's programs and announcements.
Letters to stations and networks keep them informed about audience needs and
interests, as well as on public opinion on specific material. Individuals
and groups can often resolve problems with stations at the local level.
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Comments to the FCC. We give
full consideration to the comments and inquiries we receive about
broadcasting. As stated above, we encourage you to first contact the station
or network directly about programming issues. If your concerns are not
resolved this way, you can mail, fax, or e-mail a complaint about a radio or
TV station to us at the following address:
You should generally include the following information
in your complaint: (1) the call letters of the station; (2) the city and
state where the station is located; (3) the name, time, and date of the
specific program or advertisement in question, if applicable; (4) the name
of anyone contacted at the station, if applicable; and (5) a statement of
the problem, as specific as possible, together with an audio or video tape
or transcript of the program or advertisement (if possible). Please include
your name and address if you would like information on the final disposition
of your complaint; however, you may request confidentiality. We prefer that
you submit complaints in writing, although you may submit complaints that
are time-sensitive by telephone, especially if they involve safety. Please
be aware that we can only act on allegations that a station has violated a
provision of the Communications Act or the FCC's rules or policies.
In addition to (or instead of) filing a complaint, you can file a
petition to deny an application that a station has filed, such as a license
renewal application. (This is discussed earlier in the manual). For further
information on filing a petition to deny an application, please consult our
rules or contact an attorney. You may read our rules online on our home page
at www.fcc.gov
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to Table of Contents
Some Activities That Are Not
Regulated by the FCC. We license individual stations only. We do not
license TV or radio networks (such as CBS, NBC, ABC, Fox, etc.), except as
owners of particular stations.
We do not regulate information provided over the Internet.
We cannot regulate closed-circuit radio or television. Therefore, we do
not control what is carried over closed-circuit systems in, for example,
department stores. We have no authority over sports teams or leagues, or
over the promoters of prizefights, rodeos, bullfights and other exhibitions.
Arrangements for broadcasting sports events and other exhibitions are made
in private contracts between owners of the rights (such as sports teams or
leagues) and the stations and/or networks involved.
We cannot regulate the production, distribution and rating of motion
pictures; the publishing of newspapers, books, or other printed material; or
the manufacture and distribution of audio and video recordings. We do not
administer copyright laws. Other related groups and activities that we do
not regulate are newsgathering organizations (including press associations)
that provide stations with news and comment; music-licensing organizations
such as ASCAP, BMI, and SESAC; record companies; and companies that measure
the size and other characteristics of radio and TV audiences.
We do not intervene in private disputes involving stations. Instead, we
let the parties, courts, or other agencies resolve them. For example, we do
not intervene in conflicts involving the nondelivery of merchandise ordered
through stations, or a station's failure to meet its payrolls or satisfy
other debt claims.
Return
to Table of Contents
THE LOCAL PUBLIC INSPECTION FILE
Requirement to Maintain a
Public Inspection File. Our rules require all TV and radio stations and
applicants for new stations to maintain a file available for public
inspection containing documents relevant to the station's operation. The
public inspection file generally must be maintained at the station's main
studio. To obtain the address and phone number of a station's main studio,
consult your local telephone directory or call information.
[ In addition to the information that follows, the Enforcement Bureau has
also posted related information at http://www.fcc.gov/eb/bccomplaints/pif.html.
]
Return
to Table of Contents
Purpose of the File. As
discussed above, stations have an obligation to serve their local
community's needs and interests and to comply with certain programming and
other rules. Because we do not monitor a station's programming, viewers and
listeners are a vital source of information about the programming and
possible rule violations. The documents in each station's public inspection
file have information about the station that can assist the public in this
important role.
As discussed above, all stations have an obligation to cover important
issues facing their communities, to comply with requirements governing use
of their facilities by candidates for public office, and to refrain from
airing indecent programming during times children are likely to be in the
audience. In addition, TV stations must air educational programming for
children and limit the amount of advertising in children's programs. We
encourage a continuing dialogue between broadcasters and members of the
public to ensure that stations meet their obligations and remain responsive
to the needs of the local community.
Return
to Table of Contents
Viewing the Public Inspection
File. The station must make its public inspection file available at its
main studio at any time during regular business hours. Although you do not
need to make an appointment to view the file, making one may be helpful both
to the station and to you.
A station that chooses to maintain all or part of its public file in a
computer database must provide you a computer terminal if you wish to review
the file. If they want, they may also post their public file on the
station's World Wide Web site on the Internet. If you want to view a
station's public file over the Internet, you should ask the station if this
is possible.
You may request copies of materials in the file by visiting the station
in person. In addition, if the station's public file is located outside of
its community of license (and you live within the station's service area and
your request does not involve the station's political file), you may also
request copies of materials in the file over the telephone. To facilitate
telephone requests, we require stations to provide you a copy of this manual
free of charge if you want one. The manual can help you identify documents
you may ask to have mailed to you. Stations can assist callers in this
process and answer questions you may have about the actual contents of the
public file. This information includes, for example, the number of pages and
time periods covered by a particular ownership or children's television
programming report, or the types of applications actually maintained in the
station's public file and the dates they were filed with the FCC. We also
encourage (but do not require) stations to place the descriptions of their
public files on any Internet home page that they maintain. You pay for any
photocopies, and the station may require a guarantee of payment in advance
(such as with a deposit or a credit card). The station must pay postage for
copies requested by telephone.
Return
to Table of Contents
Contents of the File. Stations
must keep the following materials in their public inspection file:
- The License. Stations must keep a copy of their current FCC
license in the public file, together with any material documenting
FCC-approved modifications to the license. The license reflects the
station's technical parameters (authorized frequency, call letters,
operating power, transmitter location, etc.), as well as any special
conditions imposed by the FCC on the station's operation. The license
also indicates when it was issued and when it will expire.
- Applications and Related Materials. The public file must
contain copies of all applications filed with the FCC that are still
pending before either the FCC or the courts. These include applications
to sell the station (technically known as "assigning" or
"transferring" the license) or to modify its facilities (for
example, to increase power, change the antenna system, or change the
transmitter location).
Also, the station must keep copies of any construction or sales
application whose grant required us to waive our rules. Applications
that required a waiver, together with any related material, will reflect
the particular rule(s) that we waived.
The station must also keep renewal applications that we granted for
less than a full license term until final grant of their next renewal
application. We may grant such short-term renewals when we are concerned
about the station's performance over the previous term. These concerns
will be reflected in the renewal-related material in the public file.
- Citizen Agreements. Stations must keep a copy of any written
agreements they make with local viewers or listeners. These
"citizen agreements" deal with programming, employment, or
other issues of community concern. The station must keep these
agreements in the public file for as long as they are in effect.
- Contour Maps. The public file must contain copies of any
service contour maps or other information submitted with any application
filed with the FCC that reflects the station's service contours and/or
its main studio and transmitter location. These documents must stay in
the file for as long as they remain accurate. Not all stations are
required to have contour maps.
- Material Relating to an FCC Investigation or a Complaint.
Stations must keep material relating to any matter that is the subject
of an FCC investigation or a complaint that the station has violated the
Communications Act or our rules. The station must keep this material
until we notify it that the material may be discarded. Since we are not
involved in disputes regarding matters unrelated to the Communications
Act or our rules, stations do not have to keep material relating to such
matters in the public file.
- Ownership Reports and Related Material. The public file must
contain a copy of the most recent, complete Ownership Report filed for
the station. This report has the names of the owners of the station and
their ownership interests, lists any contracts related to the station
that are required to be filed with the FCC, and identifies any interest
held by the station licensee in other broadcast stations.
- List of Contracts Required to be Filed with the FCC. Stations
have to keep either a copy of all the contracts that they have to file
with us, or an up-to-date list identifying all such contracts. If the
station keeps a list and you ask to see copies of the actual contracts,
the station must give them to you within seven days.
Contracts required to be maintained or listed in the public
inspection file include:
- contracts relating to network service (network affiliation
contracts);
- contracts relating to ownership or control of the licensee or
permittee or its stock. Examples include articles of incorporation,
bylaws, agreements providing for the assignment of a license or
permit or affecting stock ownership or voting rights (stock options,
pledges, or proxies), and mortgage or loan agreements that restrict
the licensee or permittee's freedom of operation;
- management consultant agreements with independent contractors, and
station management contracts that provide for a percentage of
profits or sharing of losses.
- Political File. Stations must keep a file containing records of
all requests for broadcast time made by or for a candidate for public
office. The file must identify how the station responded to such
requests and (if the request was granted) the charges made, a schedule
of the time purchased, the times the spots actually aired, the rates
charged, and the classes of time purchased. The file must also reflect
any free time provided to a candidate. The station must keep the
political records for two years after the spot airs. You can find the
political broadcasting rules elsewhere in this manual.
- Annual Employment Reports and Related Material. We require all
radio and TV stations to afford equal opportunity in employment. We also
prohibit employment discrimination on the basis of race, color,
religion, national origin, or sex. We require stations to file reports
annually describing how they have complied with these policies. However,
some of the specific rules implementing these policies were struck down
by the D.C. Circuit Court in 1998. As a result, we are in the process of
studying them to make them consistent with the court's requirements.
- Copies of this Manual. Stations must keep a copy of this manual
in the public file. You can also read it on our Internet web site at http://www.fcc.gov/mb/audio/decdoc/public_and_broadcasting.html
[see also Where
to Obtain below].
- Letters and E-Mail from the Public. Commercial stations must
keep written comments and suggestions received from the public regarding
their operation for at least three years.
Noncommercial stations are not subject to this requirement.
- Issues/Programs List. Every three months, all stations must
prepare and place in their file a list of programs that have provided
their most significant treatment of community issues during the preceding
three months. The list must briefly describe both the issue and the
programming where the issue was discussed. The stations must keep these
lists for the entire license term.
- Children's Television Programming Reports. The Children's
Television Act of 1990 and our rules require all TV stations to air
programming that serves the educational and informational needs of
children 16 and under, including programming that is specifically
designed to serve such needs. In addition, commercial TV stations must
make and retain Children's Television Programming Reports identifying
the educational and informational programming for children aired by the
station. (Noncommercial stations are not required to prepare these
reports.) The report must include the name of the person at the station
responsible for collecting comments on the station's compliance with the
Children's Television Act. The station has to prepare these reports each
calendar quarter, and it must place them in the public file separately
from the file's other material. Stations must keep the reports for the
remainder of their license terms. You can also view each station's
reports on our web site at http://www.fcc.gov/mb/policy/kidstv.html.
- Records Regarding Children's Programming Commercial Limits. The
Children's Television Act of 1990 and our rules limit the type and
amount of advertising that may be aired in TV programming directed to
children 12 and under. On weekends, commercial television stations may
air no more than 10.5 minutes of commercials per hour during children's
programming, and no more than 12 minutes on weekdays. Stations must keep
records that substantiate compliance with these limits for the remainder
of the license term.
- Radio Time Brokerage Agreements. A time brokerage agreement is
a type of contract that generally involves a station's sale of discrete
blocks of air time to a broker, who then supplies the programming to
fill that time and sells the commercial spot announcements to support
the programming. Commercial radio stations must keep a copy of every
agreement involving: (1) time brokerage of that station; or (2) time
brokerage by any other station owned by the same licensee.
- List of Donors. Noncommercial TV and radio stations must keep a
list of donors supporting specific programs for two
years after the program airs.
- Local Public Notice Announcements. When someone files an
application to build a new station or to renew, sell, or modify an
existing station, we often require the applicant to make a series of
local announcements to inform the public of the application's existence
and nature. These announcements are either published in a local
newspaper or made over the air on the station, and they are intended to
give the public an opportunity to comment on the application. Copies of
these announcements must be retained in the public inspection file.
- Must-Carry or Retransmission Consent Election. There are two
ways that a broadcast TV station can choose to be carried on a cable TV
system: "must-carry" and "retransmission consent."
- Must-Carry. All TV stations are generally entitled to be
carried on cable television systems in their local markets. A
station that chooses to exercise this right receives no compensation
from the cable system.
- Retransmission Consent. Instead of exercising their
"must-carry" rights, commercial TV stations may choose to
receive compensation from a cable system in return for granting
permission to the cable system to carry the station. This option is
available only to commercial TV stations.
Every three years, commercial TV stations must decide whether their
relationship with each local cable system will be governed by must-carry
or by retransmission consent agreements. Each commercial station must
keep a copy of its decision in the public file for the three-year period
to which it pertains.
Noncommercial stations are not entitled to compensation in return for
carriage on a cable system, but they may request mandatory carriage on
the system. A noncommercial station making this request must keep a copy
of the request in the public file for the duration of the period to
which it applies.
Return
to Table of Contents
The Public and
Broadcasting is located on the FCC's Internet Web site at http://www.fcc.gov/mb/audio/decdoc/public_and_broadcasting.html.
Additional information may be found at the Media
Bureau's Internet Web site, or at the Web sites of its components:
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