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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) MM Docket No. 97-138 Review of the Commission's Rules ) RM-8855 regarding the main studio and ) RM-8856 local public inspection files of ) RM-8857 broadcast television and radio stations ) RM-8858 ) RM-8872 47 C.F.R.  73.1125, ) 73.3526 and 73.3527 ) ORDER Adopted: September 16, 1998 Released: September 18, 1998 By the Commission: 1. On August 11, 1998, the Commission released a Report and Order in MM Docket 97-138 (FCC No. 98-175) amending its rules governing the main studio and local public inspection file of broadcast stations. On August 18, 1998, the National Association of Broadcasters ("NAB") filed a Motion for Partial and Temporary Stay of the effective date of Section 73.3526(c)(2) of these amended rules with respect to a provision requiring telephone access to political file material in stations' public inspection files. NAB requests that the Commission stay the effective date of this subsection of the rule as it pertains to political files until November 4, 1998, after the 1998 federal election campaign. Under the new public inspection file rules, Section 73.3526(c)(2) provides: 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. This section requires stations to respond to telephone requests for information from the public inspection file, and requires stations to mail photocopies of documents requested by members of the public. Photocopies of these documents will be paid for by each requestor, and the cost of postage for mailing will be paid by the station. To accommodate members of the public requesting information by telephone, stations must assist callers in determining which documents they need. 2. NAB states that it will file a petition for reconsideration on the merits of these provisions, and in the interim, asks us to stay the effective date of these rules with respect to political file materials. NAB argues that allowing this section to become effective during the last weeks of an election campaign will be disruptive to broadcasters because stations previously were not required to honor telephone requests for information, particularly with respect to political file information, and the number of requests in the last weeks of a campaign could be overwhelming given the limited time stations will have had to prepare. In support of the stay NAB also states that a stay will not burden candidates and their supporters because few stations will relocate their main studio or public file during the short period between the current effective date and election day, and thus most parties seeking public file materials will continue during this time period to have the same access to these materials as they have had in the past. 3. We believe that a limited stay of Section 73.3526(c)(2) until the election period ends is warranted. To avoid undue confusion and disruption that could result if these new rules were to take effect during the height of an election season, during which some stations receive numerous requests for political file materials, we will grant NAB's limited stay request. We also note that the rules will not become effective until they are approved by the Office of Management and Budget ("OMB"), which approval is expected around the middle of October 1998. Thus, as a practical matter, the effective date of the new rule governing access to the political file will only be stayed for a few weeks. Moreover, as NAB has pointed out, a stay is not likely to have a negative impact on parties requesting information because very few stations will have time to move their files to new locations during the short time period between OMB approval and election day. We emphasize that this stay does not alter a station's duty under newly adopted Section 73.3526(c)(2) to honor all other telephone requests for public file material besides that contained in the political file. 4. Accordingly, IT IS ORDERED THAT, the effective date of the provisions of 47 CFR  73.3526(c)(2) pertaining only to telephone requests for political file materials in stations' public files IS STAYED until November 4, 1998. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary