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To facilitate requests for public file documents over the telephone, we  will require stations to provide callers, if they wish to receive one, a copy of the new edition of "The  @Public and Broadcasting" free of charge. This description will assist callers in identifying documents they  may ask to be sent to them by mail. We will require licensees to assist callers in this process and answer  questions they may have about the actual contents of the station's public file. For example, stations, if  asked, should describe to a caller the number of pages and time periods covered by a particular ownership  report 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 stations to place the  descriptions of their public files on any Internet home page that they maintain. We believe that this  `accommodation for the public should ensure that public file materials continue to be reasonably accessible  to all members of the public. The revised "The Public and Broadcasting" should facilitate this access by  educating the public about the contents of the file. Various commenters agree that accommodations of  S 0this general nature would be appropriate under some circumstances.?  {O   ԍqSee, e.g., Comments of Crawford at p. 4; ABC at p. 12; Moody at p. 7; Odyssey at p. 7; Reply Comments of MAP at p. 20.  S 0 ` q25. ` ` We reject the other accommodations mentioned in the NPRM and proposed by  S 0  commenters. In addition to the accommodations raised in the NPRM, accommodations supported by  S 0 commenters include courier, fax or email delivery,@ z {O   `ԍqSee Reply Comments of MAP at p. 20; Comments of Hardy and Carey at p.12; Wind River at p. 5; KALI at p. 8; ABC at p. 12; Moody at p. 7; Odyssey at p. 7. tollfree telephone service,gA  {O ԍqSee Comments of Crawford at p. 4; KALI at p. 8. g or requiring stations to  S\0 make their studio available at nonbusiness hours by appointment.YB\f  {Ob ԍqSee Comments of Crawford at p. 4. Y Some commenters suggest that the  S40 actual method of provision of public file access be voluntaryUC4  {O ԍqSee Comments of ABC at p. 12. U or left to licensee discretion, but within a  S 0 pset period of time from the time of the request.D   {O6 ԍqSee Comments of Wind River at p. 5 (suggests 2448 hours); Hardy and Carey at p. 12 (suggests 48 hours). We have considered all of the alternate suggestions and  have determined that the accommodation we require in this rule fulfills our stated goals of balancing  `public access with regulatory burden and ease and clarity of administration. As noted, tollfree telephone  service is already required. We believe that requiring stations to provide transportation to requesters, to  transport the public file to them or open the main studio during nonbusiness hours would be unnecessarily  Pburdensome to station owners. Finally, Noncommercial Educational Licensees request that we place a  S0 limit on the number of requests to avoid harassing requests.tE {O$ ԍqSee Comments of ABC at p. 12; Moody at p. 7; Odyssey at p. 7.t We will not adopt such a limit; there is no  evidence in the record that public requests for information are made in bad faith to any significant extent,  or that stations are being overwhelmed by such requests. A licensee, may, of course, seek a waiver or special relief from the Commission in the event such circumstances arise. " E,l(l(,,`"Ԍ S0 ` ԙ q26. ` ` Several commenters specifically disagree with making any accommodation, including the  one we have adopted. Most cite the undue burden on broadcasters, discouragement from locating outside  S0 the community, and the ease with which the accommodations could be abused.F {O   0ԍqSee Comments of NAB at p. 12; Malrite at p. 7; Paxson at p. 7; ARSC at pp. 910; Barnstable at p. 5; Casciani at p. 6; Dalton at p. 5; Dick at p. 6; First Virginia at p. 5; Pyramid at p. 5; and Sunair at p. 6.  One specifically notes  S0 that allowing requests by phone rather than inperson could encourage frivolous requests.G$" {OJ   PԍqSee Comments of ARSC at p. 9. ARSC also argues that allowing requests without inperson review by the  requestor will burden licensees because the requestor will not be able to make an informed request without looking  pthrough the file, and that stations will have to interpret these vague requests and become researchers to determine  {O exactly what the requestor needs. Id.  We believe  that the rules we adopt today address these concerns. First, a requestor is entitled to "The Public and  `Broadcasting," which should provide adequate guidance to make an intelligent request for information.  pIn addition, the rules regarding the public file's contents in their revised form will be much easier to  understand and administer for both licensees and the public seeking information. Finally, we expect that  Prequiring a person seeking documents from a station's public file to pay the reasonable expenses of photocopying should reduce the possibility for abusive and frivolous requests.  SH 0B. Contents of the Local Public Inspection File  S 0 ` @q27. ` ` Background. In the NPRM, we sought comment on updating our requirements regarding  the materials that a station must place in its public inspection file. Currently, both commercial and  noncommercial broadcast licensees must maintain a local public inspection file containing copies of certain  applications and related materials filed by the station with the FCC, ownership reports, employment  reports, and a list of programs aired by the station during the previous three months that provided its most  S20 0significant treatment of community issues (the "issues/programs list"). H2 yO   0ԍq47 C.F.R.  73.3525(a)(1) (a)(3), (a)(5), (a)(8)(i), & (a)(9) (requirements for commercial stations); 47 C.F.R.  73.3527(a)(1) (a)(3), (a)(5), & (a)(7) (requirements for noncommercial educational stations).  Commercial broadcast licensees  must also retain written comments and suggestions received from the public regarding operation of their  S0 @stations.[If  yO ԍq47 C.F.R.  73.3526(a)(7), 73.1202.[ In addition, broadcast licensees must maintain a separate public file concerning requests by  S0 political candidates for broadcast time on the station,kJ  yOP ԍq47 C.F.R.  73. 3526(a)(4), 73.3527(a)(4), 73.1943.k and commercial television licensees must maintain  a file containing information regarding the educational and informational programming they air for  Sj0children.`Kj  yO! ԍq47 C.F.R.  73.3526(a)(8)(ii) & (a)(8)(iii).`  S0 ` 0q28. ` ` We invited comment in the NPRM on a number of specific proposals designed to eliminate  outofdate provisions in the public inspection file rules or to clarify particular aspects of the rules. We  also asked whether, in the case of an assignment of license, assignees should be relieved of their current  obligation to ensure that the public file contains all of the documents previously required to be maintained"K,l(l(,,@"  S0 in the file by the assignor.kL {Oh ԍqSee 47 C.F.R.  73.3526(b)(1), 73.3527(b)(1).k In addition, we proposed to clarify the obligation of commercial licensees  to retain in the public file copies of "written communications and suggestions" received from the public.  PWe indicated our wish to clarify that such "written comments and suggestions" include electronic mail messages transmitted to the station via the internet, and invited comment on this proposed clarification.  S80 ` q29. ` ` We proposed a number of revisions to the retention periods for the materials in the public  inspection file to update and clarify those provisions. We stated our desire to provide clear guidance to  `licensees and the public regarding retention period requirements, facilitate meaningful public participation  in monitoring licensee compliance with our rules and policies, and minimize unnecessary paperwork  @burdens. We sought comment on whether any of the public file retention periods can be shortened to  0reduce regulatory burdens without depriving the public of useful, relevant information, and on other ways  Pin which the retention period requirements can be clarified and streamlined. We also sought comment on  giving stations the option of maintaining all or part of the public inspection file in a computer database  rather than in paper files, noting that this and other uses of computer technology could reduce stations' paperwork burdens while at the same time improving public access to information about the station.  S 0 ` pq30.` ` Updates to the Rules . In the NPRM, we proposed the following specific amendments to update and clarify the public inspection file rules:   Pq(a) We proposed to delete the requirement that licensees maintain in their public file a copy of  S0the 1974 manual entitled "The Public and Broadcasting,"aMZ yO ԍq47 C.F.R.  73.3526(a)(6), 73.3527(a)(6).a noting that this manual is long outofdate.   q(b) We proposed to delete the reference in Section 73.3526(a)(11) of our rules regarding the  Sj0 maintenance of reports required under our financial interest and syndication rules,WNj yO ԍq47 C.F.R.  73.3526(a)(11). W which have been  SB0repealed.OBz {O\ ԍqSee Review of Syndication and Financial Interest Rules, MM Docket No. 9539, 10 FCC Rcd 12165 (1995).   q(c) We stated that we will correct the crossreference in the public inspection file rules to the rule  S0section governing a licensee's political file.>P"  yOv   ԍqSection 73.1943 of the rules describes the obligation of licensees to maintain a political file containing  information about requests for broadcast time made by or on behalf of candidates for political office. 47 C.F.R.   73.1943. In referring to these political file requirements, the local public inspection file rules incorrectly cross {O! reference Section 73.1940 of the rules. See 47 C.F.R.  73.3526(a)(4) & (e), 73.3527(a)(4) & (e). >   q(d) We proposed to delete the note set forth under Sections 73.3526(a)(1) and 73.3527(a)(1) of  the public inspection file rules exempting from the rules certain applications filed on or before May 13,  1965. We noted that, even without the exemption, the retention periods for maintaining such applications have long since expired. " P,l(l(,,"Ԍ S0 ` @q31.` ` Comments. The great majority of commenters that addressed these proposals to revise  S0  our public inspection file requirements supported them, generally viewing them as long overdue.ZQ\ {O@   ԍqSee, e.g., Comments of NAB at pp. 13 14; Capstar at p. 20; GRK Productions Joint Venture at p. 5; Hardy  {O   P& Carey at p. 10; KALI at p. 9; Malrite at p. 7; Salem at p. 7; and Wind River at p. 6. See also Reply Comments of NCAB/VAB at p. 12. Z MAP,  Phowever, strongly opposed our proposal to eliminate the requirement that stations retain a copy of "The  `Public and Broadcasting," arguing that the manual provides a useful, plain language description of citizens'  rights and other important information. According to MAP, it would be "nothing short of outrageous" to  deprive the public of this document in view of the Commission's increased reliance on public monitoring  S0 Pof licensee performance.PR yO ԍqReply Comments of MAP at p. 25.P Instead of deleting this requirement, MAP argues that the Commission should  update the manual to provide current information and require broadcasters to replace the 1974 edition with  S0a new one.DS| {O ԍqId. at p. 26.D  Sp0 ` q32.` ` Discussion. We will adopt the three specific proposals, described in (b) (d) above, to  pamend our public inspection file rules. No commenters objected to these revisions, and they will serve  @to clarify and make current licensees' obligations under these rules. With respect to our first proposal  Pregarding the 1974 manual "The Public and Broadcasting," we will no longer require licensees to maintain  Pthis outofdate document. But we concur with MAP that this volume should be replaced with an updated  S 0  version. The new manual will describe our new requirements regarding the contents of the public file,  and discuss ways in which the public can help monitor licensee performance. We believe that this updated  Pmanual will provide a useful description of the documents that are available for public inspection, and will  facilitate interaction between licensees and their communities that may lead to improved service to the  Ppublic. The Commission staff will prepare the manual, and issue a Public Notice notifying licensees when  S0 it is complete.T yO ԍqWe expect that the staff will be issuing the new version of this manual in the fourth quarter of this year. The Commission will place the new manual on its World Wide Web site on the  S0 @internet,|U yO ԍqThe address for the Commission's internet home page is: http://www.fcc.gov.| where it can be accessed and downloaded by licensees and the public. We will require all  commercial and noncommercial licensees to replace their 1974 manuals with the updated version when it is available.  S@0 ` q 33.` ` Assignment of License . Our current rules provide that after the Commission approves  pan application for assignment of license and the transaction has been consummated, the assignee is  presponsible for ensuring that the public file contains all the documents previously required to be  S0 maintained in the file by the assignor.Vx.  yO"   ԍqSection 73.3526(b)(1) provides: "In cases involving applications for consent to assignment of broadcast  `station construction permits or licenses, with respect to which public notice is required to be given under the  provisions of  73.3580 or  73.3594, the [local public inspection file] shall be maintained by the assignor. If the  assignment is consented to by the FCC and consummated, the assignee shall maintain the file commencing with the  pdate on which notice of the consummation of the assignment is filed with the FCC. The file maintained by the  assignee shall cover the period both before and after the time when the notice of consummation of assignment was  filed. The assignee is responsible for obtaining copies of the necessary documents from the assignor or from the"F'U,l(l('"  FCC files." 47 C.F.R.  3526(b)(1). Section 73.3527(b)(1) of the rules contains an identical provision relating to noncommercial educational stations. We stated in the NPRM that we had received a petition for rule" V,l(l(,,@"  0making requesting that the Commission amend the public file rule to delete this requirement. The  petitioner argued that the proposed change is warranted because the public file need only contain  S0 information concerning the current licensee or permittee, as the public has no practical use for information  regarding the ownership, programming, and EEO practices of a station's prior licensees. The petitioner  @also contended that a new licensee should not bear the burden of locating documents missing from a prior  licensee's public file. We stated our belief that there is merit to these arguments regarding licensee @specific information, but noted that there may be information in the public file relevant to a station's  S0 @facilities that is not licenseespecific (e.g., engineering material in a modification application filed by the  assignor) and therefore should be maintained by the assignee. We invited commenters to address this issue.  SJ 0 ` q!34. ` ` Comments. A large number of commenters agreed that an assignee should not be required  to retain materials relating to the operations of the previous owner on the ground that information  regarding a prior licensee is irrelevant to current station operations. These commenters also argued that  `assignees should not be held responsible for correcting deficiencies in the assignor's files, as missing  S 0 documents are often costly or impossible for the assignee to obtain.vW\  {Oj   ԍqSee, e.g., Comments of ARSC at pp. 1011; Allbritton at p. 11; Barnstable at p. 5; Capstar at p. 27;  Crawford at p. 7; FullerJeffrey at p. 3; Jacor at p. 11; KHWY at p. 9; Moody at pp. 7 8; Susquehanna at p. 4.  {O See also Reply Comments of NCAB/VAB at p. 15.v Generally, these commenters  0accepted the view that assignees should be held responsible for retaining copies of any documents that do  SZ0 prelate to current operations, such as facilities modifications.uXZD {O> ԍqSee, e.g., Comments of David Tillotson at p. 10; NAB at p. 14.u NAB asked that the FCC identify those  S20documents assignees will be held responsible for obtaining from the assignor.JY2 yO ԍqComments of NAB at p. 14.J  S0 `  q"35. ` ` In contrast to these views, MAP and a number of other broadcaster commenters argued  that assignees must be held responsible for maintaining the assignor's files so that documents remain in  Pthe public file for the full period required by the Commission's rules. According to these parties, relieving  licensees of this responsibility would encourage them to fail to maintain files in the belief or knowledge  SB0 that the station will be sold in the nottoodistant future.ZBf  {OH   0ԍqSee Reply Comments of MAP at pp. 2223. See also Comments of Casciani at p. 67; First Virginia at p.  @56; Dalton at p. 6; Dick at pp. 67; Pyramid at p. 6; Sunair at p. 7. Wind River noted that the assignor should be  held responsible for maintaining a complete public file in accordance with FCC regulations, and that the assignee  can identify any missing records during its due diligence examination of the assignor's operations and can require the assignor to locate and provide these documents prior to closing. Comments of Wind River at p. 6.  MAP contends that holding the assignee  responsible in this situation is increasingly important as the number of station transfers and the number  and size of group owners increases. MAP also argues that, if an assignee is permitted to destroy files  pobtained from the assignor, a group owner coming under suspicion of violations of the Commission's rules  at one of its stations could sell one or more of its other stations to avoid detection of further violations"Z,l(l(,,"  S0 of the Commission's public file, programming, ownership, or other rules.][ {Oh ԍqSee Reply Comments of MAP at 23.] A number of commenters  advocated that the successor licensee be held responsible for those contents required to be in the public  file for a two year period preceding consummation of the assignment to them or back to the previously  S0 granted renewal, whichever is shorter.\Z {O   ԍqSee Comments of Casciani at p. 7; First Virginia at p. 6; Dalton at p. 6; Dick at p. 7; Pyramid at p. 6; Sunair at p. 7. MAP states that it would not object to immunizing an assignee  0from liability for incomplete recordkeeping on the part of the assignor, but would require assignees to   retain public file documents obtained from the assignor for the duration required by the Commission's  S0rules.Z] {Od ԍqSee Reply Comments of MAP at p. 23.Z  S0 ` q#36. ` ` Discussion. In the case of an assignment of license, we will continue to require the  assignee to retain public file documents obtained from the assignor for the period required by our revised  rules. However, we will not hold assignees responsible for correcting any omissions in the file that exist  Pat the time of the assignment. We believe that, on balance, requiring licensees to retain the assignor's  public file intact is a minimal burden which is outweighed by the benefit to the public of continued access  to these materials for the entire retention period. We are persuaded by those commenters who argued that  relatively little effort and expense is required to simply retain public file materials obtained from an  S 0 assignor, rather than disposing of all or part of those materials.;^ F {O ԍqId. ; Documents that relate to the operations  of a previous licensee can be relevant and useful in the context of a challenge to or investigation of the  qualifications of that licensee to hold other FCC authorizations. In view of the large number of station  @sales in recent years, especially in the radio market, and the longer eightyear license period, it  increasingly occurs that a station is assigned to a new owner before the license term is complete. To   ensure that the previous owner's record is available for review, we will require that the file inherited from the assignor be retained for the full period specified by our rules.  Sh0 ` q$37.` ` While we will continue to require an assignee to retain records obtained from an assignor,  we will not hold licensees strictly liable for omissions created by predecessors. However, we expect  parties engaged in the purchase of a station to make a good faith effort to correct deficiencies in the  assignor's file that exist at the time of the assignment through the due diligence process typically  undertaken by a purchaser of a station. Given the other rule changes we are adopting today, we expect  that as a general matter there will be fewer instances where a licensee's public file will be missing  required documents, whether at the time of an assignment or any other time. In particular, we are making  revisions today both to reduce the number of documents required to be maintained in the public file and  to clarify the retention requirements. This should help reduce the number of instances in which the public  pfile is found to be incomplete. Moreover, the revisions we are making today to our rules governing public  `file location should improve management and maintenance of the file by licensees, further facilitating  S0 @compliance (see para. 21, supra). We emphasize that all licensees have a duty to comply with our public  file rules, and expect that licensees will find this obligation easier to meet in light of the revisions we are making today. ":^,l(l(,, "Ԍ S0   x%38.` `  Electronic mail . We proposed in the NPRM to clarify the requirement that "[a]ll written   comments and suggestions received from the public by licensees of commercial AM, FM, and TV   broadcast stations regarding operation of their station shall be maintained in the local public inspection   @file." We stated our wish to clarify that such "written comments and suggestions" include electronic mail   messages transmitted via the internet. We noted that internet "email" is an increasingly popular means of communication, and invited comment on this proposed clarification.  S0 Px&39.` ` Comments. Comments on this proposal were mixed. Parties that opposed requiring   0stations to retain email messages generally argued that such communications are too easily made and   0duplicated, and that the volume of such messages is increasing, presenting the possibility that stations  Sr0  Pcould be flooded with frivolous, irrelevant, or harassing comments or suggestions./_r {O  ԍxSee, e.g., Comments of ARSC at p. 1112; Casciani at p. 7; Barnstable at p. 5; First Virginia at p. 6; Dalton  {O at p. 6; Dick at p. 7; Pyramid at p. 6; Sunair at p. 7. See also Reply Comments of Odyssey at p. 2./ Some contended that   because email is often delivered directly to the intended recipient, it generally bypasses any central mail  S" 0  sorting system, thus making it difficult to collect, sort, and direct to the public file.q`" $ {O ԍxSee, e.g., Comments of ARSC at p. 1112; Capstar at p. 23.q Those opposed to   the proposal also argued that requiring communications to be in traditional letter form was not onerous   and established a minimal, acceptable standard of formal effort for communications required to be  S 0maintained in the public inspection file.a  {O  ԍxSee Comments of Casciani at p. 7; Barnstable at p. 5; First Virginia at p. 6; Dalton at p. 6; Dick at p. 7; Pyramid at p.6; Sunair at p. 7.  SZ0 @x'40. ` ` Commenters who supported the Commission's proposal generally argued that viewer  S20  concerns expressed in email messages were just as valid as those expressed as printed communications.{b2 {O ԍxSee, e.g., Comments of NAB at p. 14; Reply Comments of MAP at p. 27.{   PSome also pointed out that, with the advent of word processors and high speed copiers, printed letters are   almost as easy to create and duplicate as email. Supporters of the proposal also argued that stations   should have the option of retaining email in electronic form as long as it is easily made available to the  S0public.Jc yO ԍxComments of NAB at p. 14.J  SB0  @x(41.` ` Discussion. We will adopt our proposal to clarify that our rules require the retention by   licensees of email messages as well as traditional printed communications. We concur with those   commenters that expressed the view that there is no fundamental distinction between email and printed   letters that would justify treating those forms of communication differently for purposes of this rule. Both   means of communication can be used to convey important comments or suggestions regarding   programming, and should be treated in a similar fashion. We will give licensees the option of retaining   @email messages either in a computer or a paper file. Rather than printing out hard copies of these email   communications, licensees that choose the computer file option may provide the public upon request with  P"a computer diskette containing copies of the emails received by the station, or may make available to the"2 c,l(l(,,"  S0 P"public a computer terminal where these communications may be accessed.d {Oh   ԍFiles made available on computer diskette should be in a generally accepted, simple text file format (i.e., ASCII) on a diskette. In the case of identical e P"mails or letters received from different parties, we will also give licensees the option of retaining, either  P"on paper or in a computer file, a single sample copy of the email or letter as well as list of all parties that sent identical emails or letters to the station.  S80 )42.` ` For reasons of clarity, rather than retaining our rules governing the retention of letters  P"Preceived by commercial broadcast stations in a separate rule section,  73.1202, we have moved those  P"rules to  73.3526, our public file rule section for commercial broadcast stations. The obligation to retain  P"letters received from the public is fundamentally a public file obligation, and should therefore be part of the public file rules themselves.  SH 0 *43.` ` Retention requirements . We also sought comment in the NPRM on whether the retention  P"periods for the materials in the public inspection file and political file should be revised to update and  P"@clarify those provisions. At a minimum, we proposed to revise those retention periods tied to the  P"broadcast license term to reflect the new license term of eight years. We also proposed to amend the rules  P"to require that all documents required to be retained for the license term be retained not only for the eight S 0 P"0year term but until the grant of the renewal application is final, i.e., no longer subject to reconsideration,  P"review, or appeal either at the FCC or in the courts. In addition, we sought comment on whether any of  P"`the public file retention periods can be shortened to reduce regulatory burdens. In particular, we noted  P"that we currently require that certain applications filed with the FCC be retained until "the expiration of  P"one license term ... or until grant of the first renewal application of the television or radio broadcast  P"`license in question." We proposed shortening the required retention period for license assignment and  P"transfer applications and applications for major facilities modifications to the period in which they are  P"pending before the FCC or the courts. We noted that this is the period of time these applications are of  P"particular relevance to the public, and that after this period other public file materials such as ownership  P"reports may provide an alternative source for the information contained in these applications. Finally, we  P"also sought comment on other ways to clarify and streamline our retention period requirements, and on  P"the appropriate retention periods for letters received from the public, annual employment reports, and annual ownership reports.  ST0 +44.` ` Comments. Commenters generally agreed that our public file retention requirements are  P"unnecessarily complex and need clarification. For example, a number of parties noted that the current  P"rules are unclear regarding the length of time licensees must keep annual ownership and employment  S0 P"reports in the file.&e" {O   ԍSee, e.g., Comments of Allbritton at p. 11; Jacor at p. 10. These commenters requested that the Commission publish a complete list of what must be retained in the public file and the retention period for these documents.& Commenters, including a number of broadcasters, also generally supported the  P"Commission's proposal to update the rules by revising those retention periods tied to the broadcast license  P"term to reflect the new eightyear term, and to clarify that documents required to be retained for the  Sd0 P"license term be retained until grant of the renewal application is final.fd| {O%   ԍSee, e.g., Comments of NAB at p. 15; FullerJeffrey at p. 3; KALI at p. 10; S&S Communications Group at p. 2; Wind River at p. 7. A large number of commenters  P"Palso expressed the view that the current rules have unnecessarily long retention periods for certain"<f,l(l(,, "  P"documents, or require retention of documents which have no useful purpose. Finally, several concurred  P"with the Commission's proposal that assignment and transfer applications and applications for major  P"@facilities modifications be retained only during the period they are pending before the Commission or the  S0courts.gZ {O   ԍSee, e.g., Comments of Hardy & Carey at p. 12; Capstar at p. 26; GRK Productions at p. 6. Crawford  P"Padvocated that licensees be required to keep a copy of applications filed with the FCC, other than license renewal applications, until 6 months after grant of the application is final. Comments of Crawford at p. 5.  S80 ,45. ` ` In contrast to comments in support of streamlining public file requirements, a few  P"commenters, including MAP, opposed reducing either the number of documents licensees are required to  P"place in the public file or the period they must be retained. These commenters argued that the cost  P"savings resulting from such rule changes would be minimal, given the relatively small amount of time  S0 P"required to place documents in the file and the relatively small amount of space occupied by the file.h yO"   ԍAccording to NAB, the public file, at its largest, might occupy no more space that a single filing cabinet. Reply Comments of NAB at p. 17.  P"They contended that eliminating public file requirements or the duration documents must be kept in the  P"0file would compromise the public's and the Commission's ability to monitor licensee performance.  P"@According to these commenters, the benefits of public participation in monitoring licensee performance,  P"and the FCC's reliance on such monitoring, far outweigh the cost to licensees of complying with current  S 0public file requirements.Ti B yO ԍReply Comments of MAP at pp. 2122.T  S 0 -46.` ` Discussion. We believe there is significant room for clarification of our public file  P"pretention requirements, and agree with those commenters who argue that some of the current rules are  P"`unnecessarily complex. We also believe that our public file requirements can be streamlined, either by  P"shortening the retention period where appropriate or eliminating the retention requirement altogether for documents that are not useful to the public.  S0  P.47. ` ` As we proposed in the NPRM, for those documents we believe should be retained for the  P"entire license term (including issues/programs lists and Children's Television Programming Reports), we  P"will update our rules to reflect the current eightyear license term for both television and radio licenses.  P"We will also require that those documents required to be retained for the full eightyear term be retained  S0 P"until the grant of the renewal application is final, i.e. no longer subject to reconsideration, review, or  P"appeal either at the FCC or in the courts. This revision will ensure that those documents we believe  P"`should be available to the public for the entire license term remain available until final action has been  P"taken on the license renewal application, thus facilitating monitoring of licensee performance by interested  P"parties and their participation in the license renewal process. We disagree with those commenters who  P"argued that the retention period for issues/programs lists, which is now 5 or 7 years based on the former  S0 P"@license term for radio and TV stations, be reduced.j yOv$   ԍMalrite supports reducing the retention period for these lists to 2 years. Comments of Malrite at p. 8.  P"PCrawford advocates these lists be retained for only 1 year. Comments of Crawford at pp. 5 6. Hardy & Carey  P"0would require stations to make available only information on the most significant programming addressing  P"community issues aired during the previous 3 months. They argue that the 1996 Telecommunications Act makes  P"`renewal challenges almost impossible, thereby eliminating the public's need to see the lists. Comments of Hardy &"'i,l(l(v'" Carey at p. 12. The lists contain information about licensee"Xj,l(l(,,`"  P"`compliance with public interest obligations which is relevant to the evaluation of licensee performance at  P"renewal, and must continue to be available throughout the license term and until final grant of the next  P"0renewal application. Similarly, we decline to reduce the retention period for Children's Television  S0 P"Programming Reports, as one commenter suggested.kX yO   ԍMalrite would require retention of these records for 2 years rather than the license term. Comments of Malrite at p. 9. Compliance with our children's programming  P"requirements is an important issue to be examined at time of renewal. Consequently, these reports also must remain available through the entire license term and until final grant of the next renewal application.  S0  /48.` ` In addition, as we proposed in the NPRM, we have decided to shorten the public file  P"retention period for most applications filed with the FCC. Our current rules generally require that all  S0 P"applications be retained for the term of the license.Il {O   ԍSee  73.3526(a)(1), (a)(2), and (e)(2), and  73.3527 (a)(1), (a)(2), and (e)(2). Several commenters noted  P" that it is unclear under the language of the current retention requirement how long applications placed in the file  {O|  P"pmidterm must be retained (e.g., whether such applications must be retained 5 or 7 years the license terms specified  {OF  P"in the current rule or whether they need be retained only until expiration of the current term). See, e.g., Comments  P"@of Jacor at pp. 10 11. The revisions we make to the rules today should eliminate any ambiguity regarding the required retention period for these and other public file documents.I The applications subject to this retention period  P"Pinclude, for example, license assignment and transfer applications and applications for major facilities  SJ 0 P"modifications. As we noted in the NPRM, and as many commenters agreed, these applications are most  P"relevant to the public during the period they are pending before the FCC or the courts. Moreover, much  P"of the information contained in these applications is available in other public file documents; information  P"about the applicant's ownership structure, for example, is also available in the ownership reports.  P"PAccordingly, we will require that applications and related materials be retained in the public file only until  S 0 P"final action has been taken on the application, except that new construction permit applications and  P"applications for assignment or transfer of license that are granted pursuant to a waiver showing must be  S40 P"retained for as long as the waiver is in effect.qm4.  yO   0ԍUnlike our current rule, our new rule does not distinguish between applications for which local public notice  {O  P"is required and those for which it is not required. See  73.3526(a)(1) and (2), 73.3527(a)(1) and (2). Instead, our  P"new rule distinguishes between applications only on the basis of the public's need for continued access to such  P"applications. This change will both clarify the overall retention requirements and shorten the retention period for most applications. q With respect to these latter applications, the Commission  P" has granted the waiver based, in part, on representations contained in the application and waiver exhibit.  P"pWe believe these applications must remain available to the public for the entire period the waiver is in  P"Peffect to ensure the public can assist the FCC in evaluating licensee performance in light of the  P"representations made in the application and waiver request. Commenters that addressed this issue  Sl0 P"generally agreed that applications granted pursuant to a waiver request should be retained._nl {O# ԍSee, e.g., Comments of Capstar at p. 26._ Finally, we  P"0will also require that renewal applications granted on a shortterm basis be retained throughout the short P"`term license period and until completion of the next renewal review. As the performance of these  P"Plicensees has lead to imposition of a shortterm renewal sanction, it is especially important that these renewal applications remain available to the public over the entire, shortened license term."rn,l(l(,, "Ԍ S0  ԙ049.` ` Regarding other possible means of streamlining our retention period requirements, we have  P"concluded that we will require licensees to retain only the most recent, complete ownership report (FCC  P"Form 323) in the public file, together with any subsequent statements filed with the FCC certifying that  P"the current report is accurate. The current rule requires retention of all ownership reports for the term of  P"the license. We agree with those commenters who argued that the most recent ownership report contains  P"current information regarding the licensee's ownership structure, and that it is unnecessary to require  P"licensees to retain previous ownership reports filed during the license term that contain outofdate  S0 P"information.o {OP   ԍSee, e.g., Comments of Crawford at p. 5; Capstar at p. 26; Delta at p. 4. NAB would require licenses to retain the most current ownership report as well as the three previous ones. Comments of NAB at p. 16. In the unusual case that a member of the public desires access to previous ownership  S0information, these reports can be obtained from the Commission.Jp" yO   pԍWe note that the Commission has proposed, in a proceeding examining ways to streamline Mass Media  P"applications, rules, and processes, to decrease the frequency with which Ownership Reports for commercial and  {O  P"noncommercial broadcast stations must be filed with the Commission. See Notice of Proposed Rule Making, In the  {O  P"PMatter of 1998 Biennial Regulatory Review Streamlining of Mass Media Applications, Rules, and Processes, MM  {O  P"Docket No. 9843, FCC 9857 (rel. April 3, 1998) ("Streamlining NPRM") at 8389. The changes to our public file requirements adopted herein will, of course, be subject to the outcome of that proceeding.J  Sp0 150. ` ` To further reduce the paperwork burden on licensees, as suggested by some licensees we  P"will revise our current requirement that licensees retain in their public inspection files contracts required  P"0to be filed with the Commission under  73.3613 of the rules (relating to licensee ownership and control,  P"including network affiliation agreements, articles of incorporation, bylaws, stock agreements, and radio  S 0 P"0time brokerage agreements).5qh  yO   ԍCommenters supporting revision or elimination of this requirement include David Tillotson, at pp. 79, and  P"Capstar, at pp. 2022. Some commenters advocated that the Commission eliminate the requirement that licensees  {O  P"retain and file with the FCC television network affiliation agreements. See, e.g., Comments of David Tillotson at  P"@79. Both the Network Affiliated Stations Alliance and MAP opposed this proposal. Reply Comments of Network  P"Affiliated Stations Alliance at pp. 12; Reply Comments of MAP at pp. 24 25. The Commission has a pending  {O  P"proceeding examining the network affiliation contract filing requirement. See Filing of Television Network Affiliation  {O  P"Contracts, MM Docket No. 9540, 60 Fed. Reg. 19564 (1995). We believe the Tillotson proposal should be  P"`considered in the context of that proceeding where the issues raised by the parties can be more thoroughly examined.  P"We will not alter or delete in this proceeding our requirement that television network affiliation agreements be filed  {O  P"pwith the FCC. As discussed infra, we will revise our public file requirements relating to such contracts only insofar  P" as giving licenses the option of providing copies of contracts, and other  73.3613 agreements, upon request within seven days.5 Rather than requiring copies of all such contracts to be kept in the public  P"file, we will permit stations, as an alternative option, to maintain an uptodate list identifying all such  S 0 P"contracts and to provide copies to requesting parties within seven days.r  {O! ԍThis is similar to the approach proposed by Capstar. See Capstar Comments at p. 22. We believe this revision will  P"preduce the burden on licensees, and especially on group owners who presently may have to retain multiple  P"pcopies of the same agreement. At the same time, the public will have immediate access to a complete list  P"of such contracts pertaining to the licensee, and can rapidly obtain any specific documents they wish to"br,l(l(,, "  S0review.s {Oh   pԍIn our Streamlining NPRM we have proposed to eliminate the requirement that applicants file certain  P"contracts and agreements with the Commission as part of assignment and transfer applications and following  P"execution of such agreements, and instead to require applicants to place such agreements in the station's public  {O  P"inspection file.  Streamlining NPRM, supra n. 112, at  30 33. The changes we make today may therefore be subject to further review in our streamlining proceeding.  S0 251. ` ` Finally, with regard to communications (including email) received from the public by  P"commercial broadcasters regarding operation of their station and required to be maintained in the public  P"file pursuant to current 73.1202 of the rules, we will retain the current three year retention period for  P"such communications. We will not extend the retention period for such letters to coincide with the eight  P" year license term. We believe that an eight year retention requirement would be overly burdensome, and  P"that older letters are less relevant to current licensee performance. While we will not extend the retention  P"@period for such communications beyond the existing three year term, we decline to shorten the retention  P"period, or to eliminate the retention requirement altogether, as advocated by some commenters who argued  P"that these letters are rarely requested by the public or used by the licensee or others in connection with  P"Pa contested license renewal, especially in light of the expedited renewal procedures mandated by the 1996  S 0 P"Telecommunications Act.^t | {O<   ԍSee, e.g., Comments of Crawford at p. 7, Hardy & Carey at p. 10, and Reply Comments of NCAB/VAB  P"Pat p. 14 (advocating elimination of requirement to retain letters from the public). Hardy & Carey would not oppose  P"requiring retention of letters from the public regarding violent programming, however. Comments of Hardy & Carey  {O  P"at p. 10. See also Comments of Delta at p. 4 and Malrite at p. 8 (supporting reducing retention period for letters from 3 to 2 years).^ We are not persuaded by these arguments, and continue to believe that these  P"letters and emails, retained for a threeyear period, can play a helpful role in assisting the public in  P"monitoring station performance. A member of the public may, for example, wish to know whether others  P"0have expressed similar concerns in letters to the station during the previous several years. We  P"pconsequently believe a threeyear retention period for letters and emails is warranted and will help promote a dialogue between stations and their communities.  S0 352.` ` In light of our goal to reduce unnecessary paperwork burdens, we will delete the  P"Prequirement that letters from the public received by commercial TV licensees be separated into  S0 P"pprogramming and nonprogramming subject categories.Wu0  {O ԍSee 47 C.F.R. 73.1202(a)(2).W The burden imposed on licensees by this  P"requirement seems to outweigh the relatively minimal benefit to those members of the public interested  P" in reviewing these letters. Our rules will still require that licensees maintain a separate file containing  S@0 P"letters requesting broadcast time for political candidates,Qv@  {O! ԍSee 47 C.F.R. 73.1943.Q making these letters more readily available.  P"In addition, we note that licensees are required to prepare a summary at time of renewal of any letters they  S0 P" have received regarding violent programming,NwT  {O$ ԍSee infra paragraph 56.N thereby assisting members of the public interested in letters received by licensees on this issue.  Sx0  453.` ` Electronic Public File Option . We will adopt our proposal to give stations the voluntary"xw,l(l(,,"  P"option of maintaining all or part of their public inspection file in a computer database rather than in paper  P"files. We encourage, but will not require, stations that elect this option to post their "electronic" public  S0 P"@files on any World Wide Web sites they maintain. We noted in the NPRM that many stations are  P"Pequipped with computers and make information available to the public on their own World Wide Web  Sb0 P"`home pages on the internet. Stations that post their "electronic" public files on the World Wide Web  P"Pincrease the number of locations from which these files may be accessed. Such measures can facilitate  P"communication between licensees and their communities that can lead to better service to the public.  P" Commenters generally supported giving stations the option to use computer technology to maintain and  S0 P"`improve access to their public file, as long as such use is voluntary and not required.x {O*   ԍSee, e.g., Comments of NAB at p. 17; Wichita Great Empire Broadcasting at p. 8; FullerJeffrey at p. 3; Moody at p. 7, and Reply Comments of MAP at p. 22. As proposed in  S0 P"0the NPRM, a station that chooses the option of maintaining an "electronic" public file will be required to  St0 P"make a computer terminal available to members of the public interested in reviewing the station's file,.yt" yO6   ԍThis requirement does not apply to licensees who choose to maintain only emails in a computer file. These  {O licensees may provide copies of such emails to the public on a computer diskette. See supra paragraph 41..  SL 0and will be required to provide paper copies of such public file materials upon request.zL | yOh   ԍWe will continue to require that parties requesting copies of public file documents pay the reasonable cost  {O0 of printing or reproduction. See 47 C.F.R.  73.3526(f); 73.3527(f).  S 0  `554.` ` Contents of Local Public Inspection File . To summarize the actions we are taking today  P"`to update, clarify, and revise our public inspection file rules, following is a list of our revised public file  P"prequirements. In addition to the revisions discussed above, this list includes certain other revisions and  S 0 P"clarifications addressed in the NPRM and in comments as well as other modifications, more editorial in nature, designed to shorten and clarify the rules.  S0 ` ` `  (i) Authorization. All licensees will be required to retain a copy of their current  P"authorization, as well as any other documents necessary to reflect any modifications thereto or conditions  P"that the Commission has placed on the authorization. Our current rule does not require that authorizations  P"`be maintained in the public file. This revision will ensure that the public has ready access to the technical parameters of the station license and any conditions on station operation imposed by the FCC.  S0 `  ` `  (ii) Applications and related materials. We will require retention of applications  P" filed with the FCC only until final action has been taken on the application, except that applications for  P"a construction permit and applications for assignment or transfer of license granted, in either case, pursuant  P"@to a waiver must be retained for as long as the waiver remains in effect. In addition, renewal applications  P"pgranted on a shortterm basis must be retained through the shortterm renewal review and until final grant of the next renewal application.  S0 ` ` `  (iii) Citizen Agreements. As under the current rules, we will continue to require that a copy of every written citizen agreement be retained in the file for the term of the agreement.  S0 ` ` `  (iv) Contour maps. As under the current rules, we will continue to require that  P"applicants, permittees, and licensees retain in the file copies of any service contour maps submitted with  P" any application tendered for filing with the FCC, together with any other information in the application">z,l(l(,, "  S0 P"showing service contours and/or main studio and transmitter location.k{\ {Oh   ԍWe note that we have proposed in our Streamlining NPRM certain revisions to our rules governing contour  {O2  P"overlap maps required to be submitted in connection with radio and TV applications. See Streamlining NPRM, supra n. 112, at 34, 41. k These documents must be retained for as long as they reflect current, accurate information about the station.  S0 ` ` `  (v) Ownership Reports and related materials. We will require licensees to retain  P"only the most recent, complete ownership report (FCC Form 323) and any statement certifying the  S80continuing accuracy of the report, until replaced by a new, complete report.  S0 ` `` `  (vi) List of contracts required to be filed with the FCC. We will give licensees  P"the option either of retaining in the public file a copy of all contracts required to be filed with the FCC  P"Punder 73.3613, as our rules currently require, or of retaining an uptodate list identifying all such  P"@contracts. Licensees who choose this latter option will be required to provide copies of such contracts to requesting parties within seven days.  S 0 ` p` `  (vii) Political file. We are making no substantive changes to our current political  S 0 P"file requirements.|X  yO\   PԍAs discussed above, we will correct the crossreference in Sections 73.3526(a)(4) & (e) and 73.3527(a)(4)  P"0& (e) of the local public inspection file rules to the rule section governing a licensee's political file. The current rule incorrectly crossreferences Section 73.1940 of the rules; the revised rule correctly references Section 73.1943.  We decline to reduce the current twoyear retention period for records required to  S 0 P"pbe maintained in the political file, as requested by at least one commenter.}  yOT   ԍComments of Crawford at p. 7 (advocating reducing retention period from 2 years to 90 days after an election). These records are necessary  P" to permit political candidates and others to verify that licensees have complied with their obligations  P"relating to use of their facilities by candidates for political office. We are not persuaded that the current  P"retention period is overly burdensome to licensees, and believe this retention period provides interested parties necessary and adequate access to these important records.  S0 ` p` `  (viii) Annual employment reports and related material. We will require retention  P"@of all annual employment reports until grant of the next renewal application becomes final. The current  P"@rule requires retention of these reports for five years for radio licensees and seven years for TV licensees, based on the former license terms for these facilities.  S0 ` ` `  (ix) "The Public and Broadcasting" manual. We will require licensees to maintain in the public file an updated version of this manual, to be prepared by the FCC staff.  Sx0 ` ` `  (x) Letters from the public. As under the current rule, commercial licensees will  P"be required to retain for a period of three years written comments and suggestions received from the  P"ppublic regarding operation of their station. The revised rule will clarify that the rule extends to email  P"Pcommunications as well as letters, and will relieve commercial TV licensees of their current obligation  P"to separate letters into programming and nonprogramming subject categories. For reasons of clarity, the  P" rules governing retention of letters from the public (currently in 73.1202 of our rules) will be incorporated into our public file rule for commercial stations (73.3526 of our rules)."d },l(l(,,"Ԍ S0 ` ԙ` `  (xi) Material relating to FCC investigation or complaint. As under the current  P"Prule, licensees will be required to retain material relating to a matter which is the subject of an FCC  S0 P"0complaint or investigation until the licensee is notified by the FCC that the material may be discarded.s~ {O ԍSee 47 C.F.R.  73.3526(e)(2)(ii); 73.3527(e)(2)(ii).s  P"0The current rule will be revised, however, to delete the requirement that licensees retain materials related solely to private disputes, as the FCC does not involve itself in such disputes.  S0 ` ` `  (xii) Issues/programs list. Sections 73.3526(a)(8)(i) and 73.3527(a)(7) require  P"licensees to prepare a quarterly issues/programs list that must be retained in the public file for the term  P"of the license (5 or 7 years under the current rule, based on the former license term). The new rule will require retention of such lists until grant of the next renewal application becomes final.  SH 0 ` ` `  (xii) Records regarding children's programming commercial limits. The revised  P"prule requires retention of such records until grant of the next renewal application becomes final, which  P"0is the revised retention period for children's television programming reports. The current rule is unclear,  P"requiring retention of "records sufficient to permit substantiation of the station's certification, in its license  S 0renewal application, of compliance..." with the commercial limits. Z yO   pԍ47 C.F.R.  73.3526(a)(8)(ii). The revised rule will also clarify that commercial records must be placed  P" in the station's public file no later than the tenth day of the quarter following the quarter in which the programming  {O2  P"aired. See Memorandum Opinion and Order, Policies and Rules Concerning Children's Television Programming,  P"@Revision of Programming and Commercialization Policies, Ascertainment Requirements, and Program Log  {O  P"Requirements for Commercial Television Stations, MM Docket Nos. 90570 and 83670, 6 FCC Rcd 5093, 5097 (1991).  SX0 ` ` `  (xiv) Children's Television Programming Reports. The revised rule will require  P"retention of such reports until final grant of the next renewal application. The current rule has a fiveyear retention period, based on the former license term.  S0 ` ` `  (xv) Local public notice announcements. As under our current rules, applicants  P"for renewal of license must retain in the public file a copy of the local public notice of filing  P"announcement required by  73.3580 of the rules, which must be retained for the same period of time as the renewal application.  S0 ` p` `  (xvi) Radio time brokerage agreements. The revised rule requires retention of  P"Psuch agreements in the public file until the contract expires. The current rule has not been updated to  S0reflect the specification of this retention period in the 1992 radio ownership rule Report and Order. {O!   0ԍSee Report and Order, Radio Broadcast Services, MM Docket No. 91140, 57 Fed. Reg. 18089 (1992).  {O! See also 47 C.F.R.  73.3526 Effective Date Note 1.  SR0 ` p` `  (xvii) Mustcarry or retransmission consent election. As under our current rules,  P"statements of a commercial TV station's election with respect to either mustcarry or retransmission consent must be retained for the duration of the three year election period to which the statement applies.  S0 655.` ` Noncommercial Educational Stations . Section 73.3527 of our rules governing public"2 ,l(l(,, "  P"file requirements for noncommercial educational stations is very similar to the rule for commercial  P"stations, and we have made the applicable revisions discussed above to both rules. In addition, we have made the following revisions to the rule relating to noncommercial educational stations.  S`0 @ 756.` ` Letters from the public. Currently, unlike commercial licensees, noncommercial  P"educational stations are not required to retain letters from the public regarding operation of the station.  S0 P"In the NPRM, we noted that the 1996 Telecommunications Act requires licensees to summarize in their  P" renewal applications letters received from the public and maintained by the licensee regarding violent  S0 P"Pprogramming. yO*   ԍThe 1996 Act amended the Communications Act of 1934 to require that "[e]ach applicant for the renewal  P" of a commercial or noncommercial television license shall attach as an exhibit to the application a summary of  P"written comments and suggestions received from the public and maintained by the licensee (in accordance with  P"Commission regulations) that comment on the applicant's programming, if any, and that are characterized by the  P"commenter as constituting violent programming." 47 U.S.C.  308(d) (as amended by Section 204(b) of the 1996 Act, Pub. L. No. 104104, 110 Stat. 56 (1996)). As noncommercial licensees are not presently required to retain letters from the public,  P"`public television commenters sought guidance regarding the obligations of noncommercial licensees to  Sr0 P"pretain letters regarding violent programming.r@ {OR ԍSee Comments of America's Public Television Stations and The Public Broadcasting Service at p. 5. We have concluded that such licensees may retain letters  P"from the public if they choose, but we will not require them to do so. The issue of violent programming  P"phas almost exclusively been raised in connection with programming aired by commercial television  P"0licensees. In light of our overall goal of streamlining public file obligations where appropriate, we do not  P"@believe it is necessary to require noncommercial television licensees to retain letters regarding violent  S 0 P"`programming or other programming issues.  yO   `ԍWe nonetheless encourage noncommercial stations to retain any communications they may receive from the public regarding violent programming as a means of facilitating interaction with the public on this important issue. However, we will require that all noncommercial television  P"@licensees include in their renewal applications a summary of any letters they receive regarding violent  SZ0 P"programming. We believe that this requirement is appropriate in light of Congress' concern with the issue  P"of violent programming, and will help ensure that the Commission and the public are kept informed of concerns raised by the public about such programming on both commercial and noncommercial stations.  S0  S0 857. ` ` Ownership Reports. We will revise Section 73.3527 to require that noncommercial  P"licensees retain a copy of their current complete ownership report (FCC Form 323E) in the public file.  P"PPresently, that section of our rules does not reflect the language in Sections 73.3615(d)(g) requiring that  P"ownership reports be retained in the public inspection files of noncommercial licensees. Section  P"73.3615(d) requires that noncommercial licensee file ownership reports at renewal, as is required for  P"commercial licensees. We will update our rules to mirror our new provision for commercial stations, discussed above.  Sz0 p 958.` ` Donor's Lists. One commenter advocated that we eliminate the requirement that  P"noncommercial broadcast licensees include in their public file a list of donors supporting specific  S*0 P"@programs.**  {O%   ԍ47 C.F.R.  73.3527(a)(8). See Comments of University of North Carolina Center for Public Television at p. 4. We disagree that this provision is obsolete. The donor list requirement is tied to our  P"sponsorship identification requirements, the basic premise of which is that the public is entitled to know" ,l(l(,,"  S0 P"by whom they are being persuaded. {Oh   0ԍSee Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, BC  yO2 Docket No. 21136, 90 FCC 2d 895, 896 note 7 (1982). The donor list requirement for noncommercial licensees is related  P"to the Commission's determination that noncommercial educational stations are permitted to limit their  P"onair program sponsorship announcements to major donors or underwriters only, but must maintain a  S0 P"complete donor list in their public file." {OJ   0ԍSee Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, BC  P"Docket No. 21136, 90 FCC 2d 895, 901 note 18 (1982)(general reference to minor contributors must also include  P"a statement advising the public that a complete donor list is maintained through PBS or the individual public  {O  P"pbroadcast station, whichever is appropriate). See also Revision of Program Policies and Reporting Requirements  {On Related to Public Broadcasting Licensees, BC Docket 81496, 98 FCC 2d 746, note 23. The donor lists therefore provide the only complete information  S`0regarding program sponsorship on noncommercial stations, and will be retained. @IV. CONCLUSION  S0  :59. ` ` For the reasons discussed above, we adopt this Report and Order revising our main studio  P"and public inspection file rules. We intend by these revisions to minimize the regulatory burdens on  P"Plicensees and increase their flexibility in choosing main studio location. We believe that our decisions  P"herein strike the appropriate balance of relieving broadcasters of unnecessary regulation and permitting  P"them to take advantage of economic efficiencies, while ensuring that broadcasters remain responsive to the needs and interests of their local communities. l lV. ADMINISTRATIVE MATTERSlU  S20 ;60. ` ` Paperwork Reduction Act of 1995 Analysis. The action contained herein has been  P" analyzed with respect to the Paperwork Reduction Act of 1995 and found to impose new or modified  P"reporting and recordkeeping requirements or burdens on the public. Implementation of these new or  P"0modified reporting and recordkeeping requirements will be subject to approval by the Office of Management and Budget as prescribed by the Act.  SB0 <61. ` ` ACCORDINGLY, IT IS ORDERED that, pursuant to the authority contained in Sections  P"P154, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C.  154, 303, and 307,  P"Sections 73.1125, 73.1202, 73.3526 and 73.3527 of the Commission's Rules, 47 C.F.R.  73.1125, 73.1202, 73.3526 and 73.3527 ARE AMENDED, as set forth in Appendix C.  Sz0  =62. ` ` IT IS FURTHER ORDERED that the Commission staff shall dismiss all main studio  P"and/or public file waiver requests currently pending unless parties submitting such waiver requests amend  S*0 P"0their requests within 30 days of publication of this Report and Order in the Federal Register to show why  P"0the relief they request continues to be warranted given the newly revised main studio and public file rules.  S0 p>63. ` ` IT IS FURTHER ORDERED that, pursuant to the Contract with America Advancement  P"Act of 1996, the amendment set forth in Appendix C SHALL BE EFFECTIVE the later of either 30 days  Sd0 P" after publication in the Federal Register, or upon receipt by Congress of a report in compliance with the  P" Contract with America Advancement Act of 1996, Pub. L. No 104-121, or as soon thereafter as may be">,l(l(,, " approved by the Office of Management and Budget.  S0   S0  ?64. ` ` IT IS FURTHER ORDERED that the Commission's Office of Public Affairs, Reference  S0 P"Operations Division, SHALL SEND a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.   S0@65. ` ` IT IS FURTHER ORDERED that this proceeding IS TERMINATED. . ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,Magalie Roman Salas ` `  hh,Secretary "j,l(l(,, "  S F APPENDIX A l  S 2 Final Regulatory Flexibility Analysis lU  S`0As required by the Regulatory Flexibility Act (RFA),Z` {O   #]\  PCP#эSee 5 U.S.C.  603. The RFA, see 5 U.S.C.  601 et. seq., has been amended by the Contract With  P"America Advancement Act of 1996, Pub. L. No. 104121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). an Initial Regulatory Flexibility Analysis  S80(IRFA) was incorporated in the Review of the Commission's Rules Regarding the Main Studio and Public Inspection File of Broadcast Television and Radio Stations Notice of Proposed Rule Making in  S0MM Docket No. 97138 ("NPRM").w yOt #]\  PCP#э 12 FCC Rcd 6993, 7011 (1997).w The Commission sought written public comment on the  S0proposals in the NPRM, including comment on the IRFA. This present Final Regulatory Flexibility  S0Analysis (FRFA) conforms to the RFA.xz {O #]\  PCP#э See 5 U.S.C.  604. x  Sv0  SN 0 A. XNeed for, and Objectives of, the Main Studio and Public Inspection File Report and Order: (# The main studio and public inspection file rules seek to ensure that members of the local community have access to the broadcast stations that are obligated under the FCC's rules to serve them. Our goals in this proceeding are to relieve undue regulatory burdens on licensees while retaining their basic obligations to serve their communities of license, and adopt a rule that is clear and easy to administer.  S0This Report and Order adopts rules that relax the main studio rule to reduce the burdens on licensees  S0of broadcast stations, and provide them greater flexibility in locating their main studios. The Report  S0and Order replaces the current requirement that the main studio be located within a station's principal community contour with a new standard that allows a station to locate its main studio within the principal community contour of any station (in any service) licensed to its community or within 25 miles of the center of its community of license, whichever it chooses. This standard fulfills the goals set in this proceeding. It is clear and easy to administer, and it strikes a balance between ensuring that the public has reasonable access to each station's main studio and public file and minimizing regulatory burdens on licensees. This rule should continue to ensure that the main studio is reasonably accessible to a station's community of license, and grant more flexibility to licensees of broadcast stations. We also believe that this amendment of the main studio rule will lessen the disproportionate effect that the previous rule had on owners of smaller stations.  S 0 The Report and Order also amends the local public inspection file rules to provide that licensees keep their public files at their main studio, wherever located, rather than in the community, as previously  S0required. In addition, the Report and Order clarifies and updates aspects of the public inspection file rules regarding contents. These changes will reduce burdens on licensees providing access and the public seeking information. Licensees with outof community main studios will be able to exercise dominion over their public files, making sure the files are complete and available to the public seeking information, and that personnel are available to answer questions if necessary. This will also benefit"!  ,l(l(,,!" the public.  S  B. Summary of Significant Issues Raised by Public Comments In Response to the    S` IRFA  S0No comments were received specifically in response to the IRFA attached to the NPRM.  Most commenters, including Jacor Communications, Inc. ("Jacor") and Allbritton Communications Company ("Allbritton"), agree generally that the Commission should amend the rule. Many commenters, including the National Association of Broadcasters, ("NAB"), Capstar Broadcasting Partners ("Capstar"), ABC, Inc., and Malrite agree generally with the combination approach for location of the main studio we adopt in the rule. Some of these commenters proposed amendments that would benefit only multiple station licensees, and others proposed amending the rule to allow licensees to locate their main studios at a more distant location (e.g., 4050 miles from citycenter, or within a "market" rather than community) than we adopt in our rule today. We considered the potential significant economic impact of these rules on small entities, and determined that our  S 0approach would benefit more small entities than those proposed by commenters and not adopted.  S   C. XDescription and Estimate of the Number of Small Entities To Which Rules Will Apply (# 1. Definition of a "Small Business" Under the RFA, small entities may include small organizations, small businesses, and small governmental jurisdictions. 5 U.S.C.  601(6). The RFA, 5 U.S.C.  601(3), generally defines the term "small business" as having the same meaning as the term "small business concern" under the Small Business Act, 15 U.S.C.  632. A small business concern is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration ("SBA"). Pursuant to 4 U.S.C.  601(3), the statutory definition of a small business applies "unless an agency after consultation with the Office of Advocacy of the SBA and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the  S0Federal Register."  yOB  "#X\  P6G;P#э#X\  P6G;P# While we tentatively believe that the SBA's definition of "small business" greatly overstates the number  %of radio and television broadcast stations that are small businesses and is not suitable for purposes of determining  {O  %0the impact of the proposals on small television and radio stations, for purposes of this Notice, we utilize the SBA's  %definition in determining the number of small businesses to which the proposed rules would apply, but we reserve  %Pthe right to adopt a more suitable definition of "small business" as applied to radio and television broadcast stations  {O,"  %0or other entities subject to the proposed rules in this Notice and to consider further the issue of the number of small  {O"  %entities that are radio and television broadcasters or other small media entities in the future. See Report and Order  {O#  %Pin MM Docket No. 93-48 (Children's Television Programming), 11 FCC Rcd 10660, 1073738 (1996), citing 5 U.S.C.  601(3).  2. Issues in Applying the Definition of a "Small Business" "b ,l(l(,,p"ԌAs discussed below, we could not precisely apply the foregoing definition of "small business" in developing our estimates of the number of small entities to which the rules will apply. Our estimates reflect our best judgments based on the data available to us. An element of the definition of "small business" is that the entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific radio or television station is dominant in its field of operation. Accordingly, the following estimates of small businesses to which the new rules will apply do not exclude any radio or television station from the definition of a small business on this basis and are therefore overinclusive to that extent. An additional element of the definition of "small business" is that the entity must be independently owned and operated. As discussed further below, we could not fully apply this criterion, and our estimates of small businesses to which the rules may apply may be overinclusive to this extent. The SBA's general size standards are developed taking into account these two statutory criteria. This does not preclude us from taking these factors into account in making our estimates of the numbers of small entities. With respect to applying the revenue cap, the SBA has defined "annual receipts" specifically in 13 C.F.R  121.104, and its calculations include an averaging process. We do not currently require submission of financial data from licensees that we could use in applying the SBA's definition of a small business. Thus, for purposes of estimating the number of small entities to which the rules apply, we are limited to considering the revenue data that are publicly available, and the revenue data on which we rely may not correspond completely with the SBA definition of annual receipts. Under SBA criteria for determining annual receipts, if a concern has acquired an affiliate or been acquired as an affiliate during the applicable averaging period for determining annual receipts, the annual receipts in determining size status include the receipts of both firms. 13 C.F.R.  121.104(d)(1). The SBA defines affiliation in 13 C.F.R.  121.103. In this context, the SBA's definition of affiliate is analogous to our attribution rules. Generally, under the SBA's definition, concerns are affiliates of each other when one concern controls or has the power to control the other, or a third party or parties controls or has the power to control both. 13 C.F.R.  121.103(a)(1). The SBA considers factors such as ownership, management, previous relationships with or ties to another concern, and contractual relationships, in determining whether affiliation exists. 13 C.F.R.  121.103(a)(2). Instead of making an independent determination of whether television stations were affiliated based on SBA's definitions, we relied on the databases available to us to provide us with that information. 3. Estimates Based on Census Data  S 0The rules proposed in this Notice of Proposed Rule Making will apply to full service television and radio stations. The Small Business Administration defines a television broadcasting station that has no  S!0more than $10.5 million in annual receipts as a small business.! yO*$ #X\  P6G;P#э 13 C.F.R.  121.201, Standard Industrial Code (SIC) 4833 (1996). Television broadcasting stations consist of establishments primarily engaged in broadcasting visual programs by television to the""!X,l(l(,,$"  S0public, except cable and other pay television services.QX yOh  "@#X\  P6G;P#э Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, 1992 Census  %of Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92S1, Appendix A9 (1995).Q Included in this industry are commercial,  S0religious, educational, and other television stations.z {O`  "#X\  P6G;P#э Id. See Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual (1987), at 283, which describes "Television Broadcasting Stations (SIC Code 4833) as:  XEstablishments primarily engaged in broadcasting visual programs by television to the public,  except cable and other pay television services. Included in this industry are commercial, religious,  educational and other television stations. Also included here are establishments primarily engaged in television broadcasting and which produce taped television program materials.  Also included are establishments primarily  S0engaged in television broadcasting and which produce taped television program materials.QX*  yOz  "#X\  P6G;P#э Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, 1992 Census  %of Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92S1, Appendix A9 (1995).Q Separate establishments primarily engaged in producing taped television program materials are classified under  S`0another SIC number.`J  {OJ  "`#X\  P6G;P#эId.; SIC 7812 (Motion Picture and Video Tape Production); SIC 7922 (Theatrical Producers and Miscellaneous Theatrical Services (producers of live radio and television programs).  S0There were 1,509 television stations operating in the nation in 1992. yOT  "`#X\  P6G;P#эFCC News Release No. 31327, Jan. 13, 1993; Economics and Statistics Administration, Bureau of Census,  {O U.S. Department of Commerce, supra note 53, Appendix A9. That number has remained fairly constant as indicated by the approximately 1,580 operating television broadcasting stations in the  S0nation as of June 1998. yO^ #X\  P6G;P#эFCC News Release, Broadcast Station Totals as of June 30, 1998 (released July 21, 1998). For 1992W {O  "#X\  P6G;P#эCensus for Communications' establishments are performed every five years ending with a "2" or "7". See  {O Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, supra note 53, III.W the number of television stations that produced less than $10.0  S0million in revenue was 1,155 establishments.X yO"  " #X\  P6G;P#эThe amount of $10 million was used to estimate the number of small business establishments because the  %`relevant Census categories stopped at $9,999,999 and began at $10,000,000. No category for $10.5 million existed. Thus, the number is as accurate as it is possible to calculate with the available information. Thus, the proposed rules will affect approximately 1,569 television stations; approximately 77%, or 1,208 of those stations are considered small  SH 0businesses.'H  yO#  "#X\  P6G;P#э We use the 77 percent figure of TV stations operating at less than $10 million for 1992 and apply it to the 1998 total of 1569 TV stations to arrive at stations categorized as small businesses.' These estimates may overstate the number of small entities since the revenue figures on which they are based do not include or aggregate revenues from nontelevision affiliated companies. We recognize that the proposed rules may also affect minority and women owned stations, some of which may be small entities. In 1995, minorities owned and controlled 37 (3.0%) of 1,221" "b,l(l(,,@ "  S0commercial television stations in the United States. {Oh  "#X\  P6G;P#э  Minority Commercial Broadcast Ownership in the United States, U.S. Dep't. of Commerce, National  %Telecommunications and Information Administration, The Minority Telecommunications Development Program  %("MTDP") (April 1996). MTDP considers minority ownership as ownership of more than 50% of a broadcast  %corporation's stock, voting control in a broadcast partnership, or ownership of a broadcasting property as an  {O  %individual proprietor. Id. The minority groups included in this report are Black, Hispanic, Asian, and Native American. According to the U.S. Bureau of the Census, in 1987 women owned and controlled 27 (1.9%) of 1,342 commercial and noncommercial television  S0stations in the United States.#D {O  "`#X\  P6G;P#э See Comments of American Women in Radio and Television, Inc. in MM Docket No. 94149 and MM  {O^  %Docket No. 91140, at 4 n.4 (filed May 17, 1995), citing 1987 Economic Censuses, WomenOwned Business, WB87 %1, U.S. Dep't of Commerce, Bureau of the Census, August 1990 (based on 1987 Census). After the 1987 Census  %Preport, the Census Bureau did not provide data by particular communications services (fourdigit Standard Industrial  %PClassification (SIC) Code), but rather by the general twodigit SIC Code for communications (#48). Consequently,  %since 1987, the U.S. Census Bureau has not updated data on ownership of broadcast facilities by women, nor does  %0the FCC collect such data. However, we sought comment on whether the Annual Ownership Report Form 323  {O  %should be amended to include information on the gender and race of broadcast license owners. Policies and Rules  {O  %Regarding Minority and Female Ownership of Mass Media Facilities, Notice of Proposed Rulemaking, 10 FCC Rcd 2788, 2797 (1995).# The proposed rule changes would also affect radio stations. The SBA defines a radio broadcasting  S80station that has no more than $5 million in annual receipts as a small business.{8 yO #X\  P6G;P#э 13 C.F.R.  121.201, SIC 4832.{ A radio broadcasting station is an establishment primarily engaged in broadcasting aural programs by radio to  S0the public.t {O  "#X\  P6G;P#э Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, supra note 55, Appendix A-9. Included in this industry are commercial religious, educational, and other radio  S0stations.c {O. #X\  P6G;P#э  Id.c Radio broadcasting stations which primarily are engaged in radio broadcasting and which  S0produce ratio program materials are similarly included.c` {O #X\  P6G;P#э  Id.c However, radio stations which are separate establishments and are primarily engaged in producing radio program material are classified under  SH 0another SIC number.cH  {O #X\  P6G;P#э  Id.c The 1992 Census indicates that 96 percent (5,861 of 6,127) of radio station  S 0establishments produced less than $5 million in revenue in 1992.   yOD#  "#X\  P6G;P#э The Census Bureau counts radio stations located at the same facility as one establishment. Therefore, each co-located AM/FM combination counts as one establishment.  Official Commission records  S 0indicate that 11,334 individual radio stations were operating in 1992.  yOt& #X\  P6G;P#э FCC News Release No. 31327, Jan. 13, 1993. As of June 1998, official" #l,l(l(,,` "  S0Commission records indicate that 12,329 radio stations are currently operating. yOh #X\  P6G;P#э  FCC News Release, Broadcast Station Totals as of June 30, 1998 (released July 21, 1998). We seek comment on these data and estimates regarding the number of small entities affected by the  S0proposals in this Notice. 4. Alternative Classification of Small Television Stations An alternative way to classify small television stations is by the number of employees. The Commission currently applies a standard based on the number of employees in administering its Equal  S0Employment Opportunity ("EEO") rule for broadcasting.|X yO  "#X\  P6G;P#э The Commission's definition of a small broadcast station for purposes of applying its EEO rule was adopted  %prior to the requirement of approval by the Small Business Administration pursuant to Section 3(a) of the Small  %0Business Act, 15 U.S.C.  632(a), as amended by Section 222 of the Small Business Credit and Business Opportunity  %Enhancement Act of 1992, Pub. L. No. 102366,  222(b)(1), 106 Stat. 999 (1992), as further amended by the Small  % Business Administration Reauthorization and Amendments Act of 1994, Pub. L. No. 103403,  301, 108 Stat. 4187  {Oz  %(1994). However, this definition was adopted after public notice and an opportunity for comment. See Report and  {OD Order in Docket No. 18244, 23 FCC 2d 430 (1970). Thus, radio or television stations with fewer than five fulltime employees are exempted from certain EEO reporting and recordkeeping  SJ 0requirements.J  {O  " #X\  P6G;P#э See, e.g., 47 C.F.R.  73.3612 (Requirement to file annual employment reports on Form 395B applies to  {OP  %`licensees with five or more fulltime employees); First Report and Order in Docket No. 21474 (In the Matter of  %Amendment of Broadcast Equal Employment Opportunity Rules and FCC Form 395), 70 FCC 2d 1466 (1979). The  %Commission is currently considering how to decrease the administrative burdens imposed by the EEO rule on small  {O  %`stations while maintaining the effectiveness of our broadcast EEO enforcement. Order and Notice of Proposed Rule  {Ot  %Making in MM Docket No. 9616 (In the Matter of Streamlining Broadcast EEO Rule and Policies, Vacating the  % EEO Forfeiture Policy Statement and Amending Section 1.80 of the Commission's Rules to Include EEO Forfeiture  {O  % Guidelines), 11 FCC Rcd 5154 (1996). One option under consideration is whether to define a small station for  {O purposes of affording such relief as one with ten or fewer fulltime employees. Id. at  21. We estimate that the total number of broadcast stations with 4 or fewer employees is  S" 04,239.)" x yO:  "#X\  P6G;P#э We base this estimate on a compilation of 1995 Broadcast Station Annual Employment Reports (FCC Form 395B), performed by staff of the Equal Opportunity Employment Branch, Mass Media Bureau, FCC.)  S   S D.Description of Projected Reporting, Recordkeeping, and Other Compliance  S Requirements  S20The Report and Order adopts modifications to existing recordkeeping requirements. In general, these rules will allow broadcasters greater flexibility in locating their main studios, and would simply describe more specifically where a licensee must retain the public file it is already required by the Commission's rules to maintain. Generally, the costs of compliance will be reduced for all entities.  S0The Report and Order also addresses how a licensee can make its public inspection file available via the internet, but broadcasters would retain the discretion not to utilize internet technology at all. The  SF0Report and Order clarifies which materials are required to be kept in the public file, and clarifies the"F$,l(l(,,P" required retention period for public file materials. No special skills will be necessary to comply with these requirements.  S0Specifically, the Report and Order requires stations to make available, by mail upon telephone request, photocopies of documents in the public file. The station may require the person requesting the copies to pay the reasonable cost of photocopying prior to mailing, and the station will pay postage. The  S0Report and Order requires stations to provide callers, if they wish to receive one, a copy of the new  S0edition of "The Public and Broadcasting" free of charge. The Report and Order requires licensees to assist callers in this process and answer questions they may have about the actual contents of the station's public file, such as the number of pages and time periods covered by a particular report or the types and dates of applications maintained in the station's public file. Any increased burdens associated with these accommodations will apply equally to all stations.  S& 0  With respect to the contents of the local public inspection file, several changes affect reporting,  S 0recordkeeping and compliance (See  54, Report and Order). These changes are: all licensees must retain a copy of their current authorization, as well as any other documents necessary to reflect any modifications thereto or conditions that the Commission has placed on the authorization. This does not increase any burdens, merely requires the licensee to keep its authorization in its public file as well as in the station. Applications filed with the FCC must be retained only until final action has been taken on the application, except that applications for a construction permit and applications for assignment or transfer of license granted pursuant to a waiver must be retained for as long as the waiver remains in effect. Renewal applications granted on a shortterm basis must be retained through the shortterm renewal review and until final grant of the next renewal application. This reduces the burden on licensees, both by clearly defining what must be retained, and the period during which it must be retained. Licensees must retain only the most recent, complete ownership report (FCC Form 323) and any  S0statement certifying the continuing accuracy of the report, until replaced by a new, complete report. This clarification reduces burdens on all licensees. Licensees may either retain in the public file a copy of all contracts referenced under 73.3613 of the Commission's Rules, or retain an uptodate list identifying all such contracts, and then provide copies of such contracts to requesting parties within seven days. The list option reduces paperwork burdens on licensees. Licensees must maintain in the public file an updated version of "The Public and Broadcasting" manual. Letters from the public required to be retained are clarified to include email communications. To mitigate any burden of increased paperwork resulting from retention of computer emails, licensees may, at their option maintain such documents on diskette rather than in hard copy. Commercial TV licensees need not separate letters into programming and nonprogramming subject categories, reducing burdens required in maintaining two separate categories. With respect to material relating to FCC investigation or complaint, licensees are no longer required to"&%,l(l(,,@(" retain materials related solely to private disputes, as the FCC does not involve itself in such disputes. Radio time brokerage agreements must be retained in the public file until the contract expires. This is a clarification. Retention periods for the following are updated to reflect the current eightyear license term, noting that all items are to be retained until grant of the next renewal becomes final: Issues/programs list; records regarding children's programming commercial limits; Children's Television programming reports; Local public notice announcements. Most changes herein are no more burdensome than the previous rule. With respect to rules specific to noncommercial educational stations, we have amended the public  S 0inspection file requirements to require noncommercial licensees to retain a copy of their current complete ownership report (FCC Form 323E) in the public file. All noncommercial television licensees must also include in their renewal applications a summary of any letters they receive regarding violent programming. These changes are not burdensome to small businesses.  S  E.Steps Taken to Minimize Significant Economic Impact on Small Entities, Xand Significant Alternatives Considered(#  S0 We considered four options to achieve our goals in this proceeding. Our first goal was to balance reasonable access to the public and regulatory burdens on licensees, and our second goal was to achieve clarity in our rules and ease of administration. The approach we have chosen will grant flexibility to licensees of multiple stations, as well as licensees of smaller stations, and those that are the sole local services in a community. One of our concerns in adopting a rule was to address the differential treatment larger and smaller stations received under the previous rule. We believe that the rule we adopt today addresses this differential treatment and assures that the main studio remains in the primary reception area of a station licensed to the same community. It also grants small station licensees a much wider degree of latitude in choosing main studio locations compared to the latitude they had under the previous rule. As stated above, we have adopted an accommodation which applies to all licensees. We considered  S0and rejected other accommodations mentioned in the NPRM and proposed by commenters. We considered all of the alternate suggestions and have determined that the accommodation we require in this rule fulfills our stated goals of balancing public access with regulatory burden and ease and clarity of administration. As noted, tollfree telephone service is already required. We believe that requiring stations to provide transportation to requesters, to transport the public file to them or open the main studio during nonbusiness hours would be unnecessarily burdensome to station owners, large and small.  We have considered whether only commercial licensees should continue to be required to retain letters from the public. Since the 1996 Telecommunications Act requires licensees to summarize in their renewal applications letters received from the public and maintained by the licensee regarding violent programming, commenters asked to address whether noncommercial licensees would be required to retain these letters. In the interest of streamlining and reducing burdens, we have not"&&,l(l(,,(" required noncommercial television licensees to retain letters from the public regarding violent programming or other programming issues. As stated above, noncommercial television licensees will submit a summary of such letters with their renewal applications.  S   S` F.Federal Rules that May Duplicate, Overlap, or Conflict With the Proposed Rules  S0 None.  S0 Report to Congress : The Commission will send a copy of the  Main Studio and Public Inspection  Sr0File Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996, see 5 U.S.C.  801(a)(1)(A). In addition, the  S$ 0Commission will send a copy of the  Main Studio and Public Inspection File Report and Order, including FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of  S 0the  Main Studio and Public Inspection File Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. See 5 U.S.C.  604(b)." ',l(l(,, "  X0  #Xj\  P6G; 9XP#b Appendix B  X0c List of Commenters and Reply Commenters Đ\ ABC, Inc. Allbritton Communications Company American Radio Systems Corporation Association of America's Public Television Stations Association of Local Television Stations, Inc. Barnstable Broadcasting Bible Broadcasting Network, Inc. Bloomington Broadcasting Corporation Cannell Cleveland, L.P. Capstar Broadcasting Partners, Inc. Casciani Communications, Inc. Coltre Broadcasting, Inc. Cornerstone Community Radio and LUJ, Inc. Cowen, Terry A. (KNLR) Cox Radio, Inc. Crawford Broadcasting Company  X40Dalton Group, Inc. Delta Radio, Inc. Dick Broadcasting Company, Inc. First Virginia Communications, Inc. FullerJeffrey Broadcasting Company, Inc. GRK Productions Joint Venture Gilbert, Galen O. Hallikainen, Harold Hardy & Carey, L.L.P. HawesSaunders, Ronita Henry County Radio Company, Inc. (WKKP) InterMart Broadcasting Corporation ItalNet Broadcasting Corporation Jacor Communications, Inc. K. J. Benner & Associates KALIFM, Inc. KATY 101.3 FM KERM, Inc. KGLMFM KHWY, Inc. KRAIAM/FM KTUX, Inc. LB Radio Corporation Malrite Communications Group, Inc."#'(,l(l(,,P("ԌMax Media Properties, LLC Moody Bible Institute of Chicago Morality In Media, Inc. Mullaney Engineering, Inc. National Association of Broadcasters Network Affiliated Station Alliance New Jersey Broadcasters Association Noncommercial Educational Licensees North Carolina Association of Broadcasters and Virginia Association of Broadcasters Northern New Jersey Radio, L.P. Odyssey Communications, Inc. Office of Communications for United Church of Christ and Media Access Project, Center for Media Education and Minority Media and Telecommunications Council Osenkowsky, Thomas G. Paxson Communications Corporation Paxson Communications Television, Inc. Positive Alternative Radio, Inc., et al. Pride Communications, LLC Pyramid Broadcasting, Inc. Q107WMQT Quarnstrom, Alan R. Radio One Licenses, Inc. Robinson, David W. S & S Communications Group, Inc. Salem Communications Corporation Sinclair Telecable, Inc. Sunair Communications, Inc. Susquehanna Radio Corp. Tillotson, David Unicorn Communications University of North Carolina Center for Public Television VI Stereo Communications Corporation Vidalia Communications Corporation WJCP WMPL 920 AM/WZRK 93.5 FM WXCH Wichita Great Empire Broadcasting, Inc. William R. Rice Company Wind River Broadcast Center "#),l(l(,,$"  S  # Xj\  P6G; 9XP## &a\  P6G;&P# Appendix C Đ?K Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended as follows: Part 73 RADIO BROADCAST SERVICES q1. The authority citation for Part 73 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 303, 334. q2. Section 73. 1125 is revised as follows:  73.1125 Station main studio location. (a) Except for those stations described in paragraph (b) of this section, each AM, FM, and TV broadcast station shall maintain a main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twentyfive miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). (b) The following stations are not required to maintain their main studio at the locations described in subparagraph (a) of this section. q(1) AM stations licensed as synchronous amplifier transmitters ("AM boosters") or, q q(2) AM, FM, or TV stations, when good cause exists for locating the main studio at a location other than that described in paragraph (a) of this section, and when so doing would be consistent with the operation of the station in the public interest. (c) Relocation of the main studio may be made: q(1) From one point to another within the locations described in paragraph (a) this section or from a point outside the locations specified in paragraph (a) to one within those locations, without specific FCC authority, but notification to the FCC in Washington shall be made promptly. q(2) Written authority to locate a main studio outside the locations specified in paragraph (a) of this section for the first time must be obtained from the Audio Services Division, Mass Media Bureau for AM and FM stations, or the Television Branch, Video Services Division, Mass Media Bureau for television stations before the studio may be moved to that location. Where the main studio is already authorized at a location outside those specified in paragraph (a), and the licensee or permittee desires to specify a new location also located outside those locations, written authority must also be received from the Commission prior to the relocation of the main studio. Authority for these changes may be requested by filing a letter with an explanation of the proposed changes with the appropriate division. Licensees or permittees should be aware that the filing of such a letter request does not imply approval of the relocation request, because each request is addressed on a casebycase basis. A filing fee is required for commercial AM, FM, or TV licensees or permittees filing a letter"&*,l(l(,,0("  S0request under this section (see 1.1104). (d) Each AM, FM, and TV broadcast station shall maintain a local telephone number in its community of license or a tollfree number. qNOTE: The principal community contour of AM stations that simulcast on a frequency in the 5351605 kHz band and on a frequency in the 16051705 kHz band shall be the 5 mV/m contour of the lower band operation during the term of the simultaneous operating authority. Upon termination of the 5351605 kHz band portion of the dual frequency operation, the principal community contour shall become the 5 mV/m of the remaining operation in the 16051705 kHz band. q3. Section 73.3526 is revised to read as follows:  S 0  73.3526 Local public inspection file of commercial stations.  S 0q(a) Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. q(1) Applicants for a construction permit for a new station in the commercial broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraph (e)(2) and (10) of this section. A separate file shall be maintained for each station for which an application is pending. If the application is granted, paragraph (a)(2) of this section shall apply. q(2) Every permittee or licensee of an AM, FM, or TV station in the commercial broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraphs (e)(1) through (10) and (13) of this section. In addition, every permittee or licensee of a commercial TV station shall maintain for public inspection a file containing material, relating to that station, described in paragraphs (e)(11) and (15) of this section, and every permittee or licensee of a commercial AM or FM station shall maintain for public inspection a file containing the material, relating to that station, described in paragraph (e)(12) and (14) of this section. A separate file shall be maintained for each station for which an authorization is outstanding, and the file shall be  S0maintained so long as an authorization to operate the station is outstanding.  S0q(b) Location of the file. The public inspection file shall be maintained at the main studio of the station. An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license or at its proposed main studio.  S:0q  S 0q(c) Access to material in the file. (1) The file shall be available for public inspection at any time during regular business hours. 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, to members of the public who wish to review the file. Material in the public inspection file shall be made available for printing or machine reproduction upon request made in person. The applicant, permittee, or licensee may specify the location for printing or reproduction, require the requesting party to pay the reasonable cost  S"%0thereof, and may require guarantee of payment in advance (e.g., by requiring a deposit, obtaining  S%0credit card information, or any other reasonable method). Requests for copies shall be fulfilled within a reasonable period of time, which generally should not exceed 7 days."&+,l(l(,,@("Ԍq(2) The applicant, permittee, or licensee shall make available, by mail upon telephone request, photocopies of documents in the file, and the station shall pay postage. Licensees shall mail the most recent version of "The Public and Broadcasting" to any member of the public that requests a copy. Licensees shall be prepared to assist members of the public in identifying the documents they may ask to be sent to them by mail, for example, by describing to the caller, if asked, the period covered by a particular report and the number of pages included in the report.  S0q(d) Responsibility in case of assignment or transfer. (1) In cases involving applications for consent to assignment of broadcast station construction permits or licenses, with respect to which public notice is required to be given under the provisions of  73.3580 or  73.3594, the file mentioned in paragraph (a) of this section shall be maintained by the assignor. If the assignment is consented to by the FCC and consummated, the assignee shall maintain the file commencing with the date on which notice of the consummation of the assignment is filed with the FCC. The assignee shall retain public file documents obtained from the assignor for the period required under these rules. q(2) In cases involving applications for consent to transfer of control of a permittee or licensee of a broadcast station, the file mentioned in paragraph (a) of this section shall be maintained by the permittee or licensee.  S0q(e) Contents of the file. The material to be retained in the public inspection file is as follows:  S0q(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 and any related materials shall be placed in the file.  S0q(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 application 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  S0inspection file 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 shortterm basis shall be retained until final action has been taken on the license renewal application filed immediately following the shortened license term.  S 0q(3) Citizen Agreements. A copy of every written citizen agreement. These agreements shall  S!0be retained for the term of the agreement, including any renewal or extension thereof. qNOTE: 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  S&0as but not limited to programming and employment. It excludes common commercial agreements"&,,l(l(,,@(" such as advertising contracts; 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 citizenparties (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.  S0q(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 and 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.  S 0q(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 uptodate list of such contracts. Licensees or permittees who choose to  S0retain a list of contracts must provide a copy of any contracts to requesting parties within 7 days.  S0q(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).  S0q(7) Annual Employment Reports. A copy of every annual employment report filed by the licensee or permittee for the station, together with all related material (Form 395B). These materials  S0shall be retained until final action has been taken on the station's next license renewal application.  Sx0q(8) The Public and Broadcasting. At all times, a copy of the most recent version of the  SP0manual entitled "The Public and Broadcasting."  S0q(9) Letters and email from public. 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. q` ` (i) For purposes of this section, written comments and suggestions received from the public include electronic mail messages transmitted via the internet. Licensees may retain emails either on paper or in a computer file. Licensees who choose to maintain a computer file of emails 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 emails 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. "&-,l(l(,,@("Ԍ S0q(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.  S80q(11)(i) TV issues/programs lists. For commercial 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  S0the 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 given 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  S 0inspection file until final action has been taken on the station's next license renewal application.  S 0q(11)(ii) Records concerning commercial limits. For commercial TV broadcast stations, records sufficient to permit substantiation of the station's certification, in its license renewal application, of compliance with the commercial limits on children's programming established in 47 U.S.C. 303a and 47 CFR 73.670. The records for each calendar quarter must be filed in the public  S0inspection file 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  S0until final action has been taken on the station's next license renewal application.  Sh0q(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 filed by the tenth day of the succeeding calendar quarter. 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 with the Children's Television Act, and it shall be separated from other materials in the public inspection file. These Reports shall be retained in the public inspection file until final action has been taken on the station's next license renewal application. Licensees shall publicize in an appropriate manner the existence and location of these Reports. For an experimental period of three years, licensees shall file these Reports with the Commission on an  S80annual basis, i.e. four quarterly reports filed jointly each year, preferably in electronic form. These Reports shall be filed with the Commission on January 10, 1998, January 10, 1999, and January 10, 2000.  S"0q(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 is to be filed by the  S %0tenth 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 given significant treatment and the programming that provided this treatment. The"&.,l(l(,,@(" 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  S0application.  S80q(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 prefiling and postfiling notices were broadcast and the text thereof shall be made part of the certifying 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).  S 0q(14) Radio time brokerage agreements. For commercial radio stations, a copy of every agreement or contract involving time brokerage of the licensee's station or of another station by the licensee, with confidential or proprietary information redacted where appropriate. These records shall be retained as long as the contract or agreement is in force.  S00q(15) Mustcarry or retransmission consent election. Statements of a commercial television station's election with respect to either mustcarry or retransmission consent as defined in  76.64 of this chapter. These records shall be retained for the duration of the three year election period to which the statement applies. qNOTE: For purposes of this section, action taken on an application tendered with the FCC becomes final when that action is no longer subject to reconsideration, review, or appeal either at the FCC or in the courts. qNOTE: For purposes of this section, the term "all related material" includes all exhibits, letters, and other documents tendered for filing with the FCC as part of an application, report, or other document, all amendments to the application, report, or other document, copies of all documents incorporated therein by reference and not already maintained in the public inspection file, and all correspondence between the FCC and the applicant pertaining to the application, report, or other document, which according to the provisions of  0.451 through 0.461 of the rules are open for public inspection at the offices of the FCC. q4. Section 73.3527 is revised as follows:  73.3527 Local public inspection file of noncommercial educational stations.  S 0q(a) Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. q(1) Applicants for a construction permit for a new station in the noncommercial educational broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraph (e)(2) and (11) of this section. A separate file shall be maintained for each station for which an application is pending. If the application is granted, paragraph (a)(2) of this section shall apply."&/,l(l(,,@("Ԍq(2) Every permittee or licensee of an AM, FM, or TV station in the noncommercial educational broadcast services shall maintain a public inspection file containing the material, relating  S0to that station, described in paragraphs (e)(1) through (11) of this section. In addition, every permittee or licensee of a noncommercial educational TV station shall maintain for public inspection a file  S`0containing material, relating to that station, described in paragraphs (e)(12) of this section. A separate file shall be maintained for each station for which an authorization is outstanding, and the file shall be maintained so long as an authorization to operate the station is outstanding.  S0q(b) Location of the file. The public inspection file shall be maintained at the main studio of the station. An applicant for a new station or change of community shall maintain its file at an  Sp0accessible place in the proposed community of license or at its proposed main studio.  SH 0q  S 0q(c) Access to material in the file. (1) The file shall be available for public inspection at any time during regular business hours. 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, to members of the public who wish to review the file. Material in the public inspection file shall be made available for printing or machine reproduction upon request made in person. The applicant, permittee, or licensee may specify the location for printing or reproduction, require the requesting party to pay the reasonable cost  S00thereof, and may require guarantee of payment in advance (e.g., by requiring a deposit, obtaining  S 0credit card information, or any other reasonable method). Requests for copies shall be fulfilled within a reasonable period of time, which generally should not exceed 7 days. q(2) The applicant, permittee, or licensee shall make available, by mail upon telephone request, photocopies of documents in the file, and the station shall pay postage. Licensees shall mail the most recent version of "The Public and Broadcasting" to any member of the public that requests a copy. Licensees shall be prepared to assist members of the public in identifying the documents they may ask to be sent to them by mail, for example, by describing to the caller, if asked, the period covered by a particular report and the number of pages included in the report.  Sz0q(d) Responsibility in case of assignment or transfer. (1) In cases involving applications for consent to assignment of broadcast station construction permits or licenses, with respect to which public notice is required to be given under the provisions of  73.3580 or  73.3594, the file mentioned in paragraph (a) of this section shall be maintained by the assignor. If the assignment is consented to by the FCC and consummated, the assignee shall maintain the file commencing with the date on which notice of the consummation of the assignment is filed with the FCC. The assignee shall retain public file documents obtained from the assignor for the period required under these rules. q(2) In cases involving applications for consent to transfer of control of a permittee or licensee of a broadcast station, the file mentioned in paragraph (a) of this section shall be maintained by the permittee or licensee.  S"0q(e) Contents of the file. The material to be retained in the public inspection file is as follows:  SJ$0q(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 and any related materials shall be placed"&0,l(l(,,@(" in the file.  S0q(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 application 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  S0inspection file 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 shortterm basis shall be retained until final action has been taken on the license renewal application filed immediately following the shortened license term.  S 0q(3) 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 and 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.  S0q(4) Ownership Reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any subsequent supplemental report or statement 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(d)(3), or an uptodate list of such contracts. Licensees and permittees who choose to maintain a list of contracts must provide a copy of any contracts to requesting parties  S0within 7 days.  SP0q(5) 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).  S0q(6) Annual Employment Reports. A copy of every annual employment report (Form 395) filed by the licensee or permittee for the station, together with all related material. These materials  S`0shall be retained until final action has been taken on the station's next license renewal application.  S 0q(7) The Public and Broadcasting. At all times, a copy of the most recent version of the  S 0manual entitled "The Public and Broadcasting."  S"0q(8) Issues/programs lists. For nonexempt noncommercial educational 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  S %0filed 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 given significant treatment and the programming that provided this"&1,l(l(,,@(" 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  S0station's next license renewal application.  S80q(9) Donor lists. The lists of donors supporting specific programs. These lists shall be retained for two years.  S0q(10) 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 prefiling and postfiling notices were broadcast and the text thereof shall be made part of the certifying 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).  S 0q(11) 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.  S0q(12) Mustcarry requests. Noncommercial television stations requesting mandatory carriage on any cable system pursuant to  76.56 of this chapter shall place a copy of such request in its public file and shall retain both the request and relevant correspondence for the duration of any period to  S@0which the request applies. qNOTE: For purposes of this section, a decision made with respect to an application tendered with the FCC becomes final when that decision is no longer subject to reconsideration, review, or appeal either at the FCC or in the courts. qNOTE: For purposes of this section, the term "all related material" includes all exhibits, letters, and other documents tendered for filing with the FCC as part of an application, report, or other document, all amendments to the application, report, or other document, copies of all documents incorporated therein by reference and not already maintained in the public inspection file, and all correspondence between the FCC and the applicant pertaining to the application, report, or other document, which according to the provisions of  0.451 through 0.461 of the rules are open for public inspection at the offices of the FCC. q5. Section 73.1202 is removed and reserved.  S!0"!2,l(l(,,#"  X0#Xj\  P6G; 9XP#  X0 SEPARATE STATEMENT OF  X0Q COMMISSIONERS SUSAN NESS AND GLORIA TRISTANI Đ?K  V0OIn the Matter of Review of the Commission's Rules Regarding the Main Studio and Local  X0GPublic Inspection Files of Broadcast Television and Radio Stations, MM Docket No. 97138 ?K qThis item improves our rules by requiring that the main studio and public inspection files be located together. We write separately, however, to note our apprehensions about  X 0allowing the main studio and public file to be located within the primary contour of any  X 0station in any service, serving the community of license. Such leniency, we are afraid, may erode the important concept of localism upon which the broadcast service is premised. qOur decision attempts to balance competing priorities. We have sought to permit multistation owners to reduce operating expenses by consolidating their stations' facilities in one location. We also have sought to ensure access by listeners and viewers in the communities of license so they may be fully informed about station ownership, operations, programming and other matters documented in the public file. We fear, however, that today's decision may have overly tipped the scale in favor of economic savings from consolidation, to the detriment of local accountability. qUnder Section 307(b) of the Communications Act, the Commission must distribute the licenses "among the several States and communities so as to provide a fair, efficient, and equitable distribution...." We have historically allocated stations to communities large and small, urban, suburban, and rural rather than authorizing service on a larger, regional basis. Each station is assigned a community of license and it is this local community to which the broadcaster must be oriented. The change in our rules adopted today might permit a station in Toledo to maintain its studio and public file in Detroit. Such a large distance between the community of license and the physical location of the public file could well erode the station's commitment to its assigned community. qOf special concern are suburban communities which may end up having a local broadcast station in name only. The proposal of the United Church of Christ, the Media Access Project, the Center for Media Education, and Minority Media and Telecommunications Council which would permit a station to locate its studio and public file within any contour of any station licensed to the community, or 25 miles from the community center, whichever is  X!0less, would have been a reasonable compromise. qOur order emphasizes that allowing such a change in no way relieves broadcasters from their obligation to serve the needs and interests of their local communities of license, and we hope and expect broadcasters will adhere to that commitment. qOne other important aspect of the item is our continued commitment to maintaining"+'3,l(l(,,P(" the accessibility of broadcasters' public files. In a deregulatory environment, the enforcement of many of our rules relies upon private citizens to monitor the contents of these files. qAlthough the public file may now be located outside the community of license (and thus more inaccessible), we are hopeful that other factors will compensate for such inconveniences. First, since the file will now be located at the main studio, we believe that it will be kept more organized and uptodate. Second, all stations regardless of location will now be required to provide specific documents by mail upon request and must provide meaningful assistance to members of the public who call for information. Such assistance will be especially helpful to those without access to transportation or for whom travel is physically difficult. Finally, our Mass Media Bureau will be creating a new guide for consumers on the purpose and contents of the public file. This should assist both members of the public in formulating requests for documents and broadcasters by clearly spelling out what is to be included in the public file. qIn sum, we have serious concerns about this item. While we do not oppose giving broadcasters additional flexibility in locating their main studio, the public's interest in localism and access to broadcasters' public files remains our first priority. But so long as these principles are adhered to and enforced, we believe that today's decision and the public interest can be harmonized.