Don’t Mess With The FCC And The Public File!

(Editor’s Note: Last week, two posters wrote that they had written complaints to one of the local TV stations. One EMGR reader decided to test the reality of the public file each station is required to keep.

They went to the specific station and asked to see the public file to see if their letter was actually included. They were denied access and told that it was a maintenance issue.

The rules are pretty clear that the file must be available during normal business hours for public inspection. (Unless certain letters never make it to the official file for one reason or another)

A third EMGR reader, who seems very proficient in FCC broadcast regulations, posted advice to the other two readers and to anyone else who may want to also complain. (Not that it will do you any good) His or her post also included a link to fines and other penalties the FCC imposed on broadcast outlets for violating the public file regulations.

I thought the response was well written and gave excellent information and advice. I decided to reprint it for today’s post.)

It's always best to go right to the source :-)

The full text of the FCC rules regarding the public file for commercial broadcasters is in CFR 73.3526 (for noncommercial broadcasters, it's in CFR 73.3527).

Here is a tiny URL link to CFR 73.3526 which applies to WSEE and the other commercial stations in town [radio as well as TV]:

http://tinyurl.com/y73zdm

A PDF of the actual regulations will be displayed. Take a look for yourself.

Also, the FCC has a writeup entitled "The Public and Broadcasting", coincidentally a copy of which must be included in the public file. Must reading for participants of this blog and informed citizens in general. You can access it at http://tinyurl.com/ygqcfq

or just Google for it. Among lots of other stuff, it basically summarizes CFR 73.3526.

Finally, the FCC website has information on filing a complaint related to a station's
public file.

Click on http://tinyurl.com/ylz6vj

There is also a "more information" link on that page which will take you to a list of stations who have recently been fined (or whatever) for public file problems so you can see that the FCC is not joking around about this.

Here is a cut & paste from the above webpage but I urge you to go access it & read it for yourself:

"Complaints alleging the failure of a broadcast station to maintain a complete public inspection file, or to make such file available for public inspection during normal business hours, should be sent to the Federal Communications Commission, Investigations & Hearings Division, 445 12th Street, SW, Washington, DC
20554. Complaints should include the call sign and location of the station, and the address where complainant attempted to view a public file. The complaint should also describe the circumstances surrounding the complainant's inability to gain access to the station's public inspection file, or to view or obtain certain documents required to be maintained in that file, including the date and time complainant attempted to inspect the file and the specific documents which
the complainant was unable to view or obtain."

I hope this information is helpful.

--Anonymous—

Thank you Mr. or Mrs. Anonymous wherever you are>

Congress passed a law on February 1, 2006, setting a final
deadline for the DTV transition of February 17, 2009. Most television stations will continue broadcasting both analog and digital programming until February 17, 2009, when all analog broadcasting will stop.." FCC http://www.dtv.gov/

A Special Thanks to Ohio Media Watch For Their Shameless Plug of EMGR on Oct 6th.