several times I have gone to WSRO at mt. wayte avenue in framingham to look at public files, but nobody is there. this is during daytime hours. i thought public files should always be availble to anyone to examine?
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WSRO public files question
- Thread starter ferreira_67
- Start date
So, you're the one! (and only one who ever asks to see a public file)
ferreira_67 said:
They must be available during regular business hours only. No availability of the public file, plus a lack of management presence at the station's main studio location, are grounds for a hefty fine if they are inspected.
The relevant rule is 47 CFR sec. 73.3526.
L
Laurence Glavin
Guest
They have an application before the FCC to increase power and go directional. Under those circumstances, one would think they's bend over backwards to comply with the rules.
dumber than a box of hair said:
But there must be a legal way for stations to obtain waivers of this rule. I can almost guarantee that WSRO is not unique in having its main studio unstaffed during business hours. Maybe the availability of a toll-free phone number that would allow you to reach a person who could set up an appointment to see the public file is considered a way of satisfying the requirement.
BTW, rumor has it that the FCC is considering requiring stations to make their public files available on-line. That would be a bonanza to software companies that could provide secure hosting of such station sites. Anyone considering such a business should consider what software packages the hosting company could offer to the general public via radio, because most stations would surely want to reimburse for the hosting by bartering a spot schedule.
DanStrassberg said:
In two words: Absolutely not.
The FCC has resolutely refused to waive any rules on the public file, including their availability. They have, on numerous occasions, fined stations for forcing members of the public to make appointments to view the file. And, to be perfectly honest if also a bit cynical, the public file rules make the FCC a great deal of money. Stations must still have a toll-free phone number in their COL, but that has nothing to do with the public file rules.
As to that rumor about making the public file available online? So far, no such NPRM exists. There are, however, several petitions before the FCC to get rid of the requirement to maintain the public file.
dumber than a box of hair said:
What about stations that are unstaffed full-power full-time programming repeaters of other stations? Some of those don't even have offices, just a downlink and transmitter facility. Do they also have to have a public file available during business hours at those stations, or does the availability of a public file at the studio of the parent station suffice?
Eli Polonsky said:
Per the rules, the public file must reside at the "main studio" of the station, and that includes translators. Presumably a translator's "main studio" is the main studio of the originating station.
DanStrassberg said:
WSRO's main studio is staffed, even if they don't always answer the door. Your best bet is to call ahead, I find.
DanStrassberg said:
The rule requiring a management and staff presence during business hours has nothing to do with access to the public file (which can be posted on a Web site).
DanStrassberg said:
Most stations already have Web sites; their developers might make a few extra dollars scanning and posting the extra pages, maybe.
4CX1000A said:
That won't hold up if the FCC comes a-knockin'. Readily available during normal business hours doesn't mean "if you call ahead."
4CX1000A said:
No, but it's related. That public file MUST be in hard copy form, and must be accessible. If a station wants to put it on their website, more power to them, but that doesn't release them from any of the hard copy obligations.
Eli Polonsky said:
Non-commercial stations can get a waiver of the main studio rule. No such luck for the commercial guys. Every Radio Disney and the like has to be staffed per rules (one management, one regular employee) and must have the public file there and available.
The other problem is that WSRO has a lot of paid programing. The people that are there may not be management.
Also I was thinking of reporting to the Fcc. I can't find a local phone number.
Also I was thinking of reporting to the Fcc. I can't find a local phone number.
reelyreal said:
I'm not aware of anything in the Rules requiring that the public file be in hard copy form. Where have you read this?
The FCC's FM Broadcast Self-Inspection Checklist states: "All or part of the file may be maintained in a computer database as long as the computer terminal is made available to members of the public who wish to review it."
4CX1000A said:
47 CFR 73.3526 - Local public inspection file for commercial stations
Subpart B - Location of the file:
The public inspection file shall be located as follow:
(1) A hard copy of 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 acceptable place in the proposed community of license or at its proposed main studio.
The rules go on to specify that as of 2008, TV stations must also maintain the public file online.
I'd say that's a pretty clear cut requirement of a hard copy public file.
reelyreal said:
But 73.3526 (c) states: "...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."
Moreover, I've visited somebody in the past year or so that made its public file available in the form of a PC in the lobby with a link to a Web site.
4CX1000A said:
...And that's fine if a station would like to do that in addition to their hard copy. However, the rules state the file must be maintained in hard copy form. If that were no longer the case, it wouldn't be in the rules. You MUST have a hard copy of your public file. Anything else is just icing on the cake.
No one ever looks at the public file. I remember in 2004 after my internship with WXCT in Southington, Connecticut ended and before I ended up buying time on the station I asked the GM to see the Public File and he told me that I was the first person in the 3 years he had been the station's GM that anyone had asked to see it.
For those wondering what's inside a public file some of what I remember included: a page that listed the call letters and ownership of the station, several copies of documents filed with the FCC including for license renewals, complaints people have made against the station with the FCC - i.e. the station not powering down at night, copies of brokerage contracts for the Ethnic Broadcasters buying time on Sundays, etc, etc, etc.
For those wondering what's inside a public file some of what I remember included: a page that listed the call letters and ownership of the station, several copies of documents filed with the FCC including for license renewals, complaints people have made against the station with the FCC - i.e. the station not powering down at night, copies of brokerage contracts for the Ethnic Broadcasters buying time on Sundays, etc, etc, etc.
1) - Coverage maps of service area
2) - All licenses
3) - if a power upgrade is happening/happened, then complete application to FCC including complete tech study.
4) - politial file; sohwing rates and ALL political inquries, and disposition of such (on air or denied)
5) - brokered-time agreements with ethnics, churches, gun-fanatics, the longer infomercials,
6) - LMA's agreements and JSA agreements with other broadcasters, if any.
7) - ALL letters from the public that make mention of the station's programming, pro or con. This INCLUDES emails!
8) - Letters of appreciation from organizations for airing PSA's.
9) - The FCC booklet "The Public & Broadcasting"
10) - Top issues list, that every station must survey people in its coverage area so the station can compile the list. i.e "The Economy", "Eldery Issues", "Corrupt Congress" etc.
11) - Station's programming that addresses those issues. Can be in the form of PSA's, talk shows, interview shows, etc.
(#10 and #11 must be updated 4x a year; by Apr 10, July 10, Oct 10, Jan 10th.)
12) - Application for renewal of license.
13) - Any objections to station's renewal, from the public, and all correspondence resulting from such.
14) - Ownership reports which are submitted to the FCC every 2 years. (Older ones also retained in pub.file going back to beginning of license period (8 years), or back 3 years whichever is more.
------Those are items I can think of, without peeking.
---------------
WJTO's duplicate public file sits on a table next to the front door of the station OUTSIDE! -so anyone can see it 24/7. It's there in case I go out for a short time, like to the post office, bank, and it won't be stolen for 2 reasons: (1) - It's in Maine. (2) Nobody would want it.
2) - All licenses
3) - if a power upgrade is happening/happened, then complete application to FCC including complete tech study.
4) - politial file; sohwing rates and ALL political inquries, and disposition of such (on air or denied)
5) - brokered-time agreements with ethnics, churches, gun-fanatics, the longer infomercials,
6) - LMA's agreements and JSA agreements with other broadcasters, if any.
7) - ALL letters from the public that make mention of the station's programming, pro or con. This INCLUDES emails!
8) - Letters of appreciation from organizations for airing PSA's.
9) - The FCC booklet "The Public & Broadcasting"
10) - Top issues list, that every station must survey people in its coverage area so the station can compile the list. i.e "The Economy", "Eldery Issues", "Corrupt Congress" etc.
11) - Station's programming that addresses those issues. Can be in the form of PSA's, talk shows, interview shows, etc.
(#10 and #11 must be updated 4x a year; by Apr 10, July 10, Oct 10, Jan 10th.)
12) - Application for renewal of license.
13) - Any objections to station's renewal, from the public, and all correspondence resulting from such.
14) - Ownership reports which are submitted to the FCC every 2 years. (Older ones also retained in pub.file going back to beginning of license period (8 years), or back 3 years whichever is more.
------Those are items I can think of, without peeking.
---------------
WJTO's duplicate public file sits on a table next to the front door of the station OUTSIDE! -so anyone can see it 24/7. It's there in case I go out for a short time, like to the post office, bank, and it won't be stolen for 2 reasons: (1) - It's in Maine. (2) Nobody would want it.
I have only seen somebody come in to see the Public File ONCE,
in my entire career! The local cable company sent a representative
to a small TV station (TV46 Bridgewater) to see our Public File.
The cable company was trying to find an excuse not to include us
as a "must carry" local, broadcast signal. It didn't work - they were
obligated to put us on their system.
Meanwhile, WLYN and WAZN's Public File is up to date, and is available
for viewing by the public, during regular business hours.
in my entire career! The local cable company sent a representative
to a small TV station (TV46 Bridgewater) to see our Public File.
The cable company was trying to find an excuse not to include us
as a "must carry" local, broadcast signal. It didn't work - they were
obligated to put us on their system.
Meanwhile, WLYN and WAZN's Public File is up to date, and is available
for viewing by the public, during regular business hours.
I don't know why, but someone did come to WMBR at MIT asking to see the public file once back in the '80s. It's all there, and accessible during normal business hours.
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