Goto Section: 73.3612 | 73.3615 | Table of Contents

FCC 73.3613
Revised as of August 19, 2019
Goto Year:2018 | 2020
  § 73.3613   Availability to FCC of station contracts.

   Each licensee or permittee of a commercial or noncommercial AM, FM, TV
   or International broadcast station shall provide the FCC with copies of
   the following contracts, instruments, and documents together with
   amendments, supplements, and cancellations (with the substance of oral
   contracts reported in writing), within 7 days of a request by the FCC.

   (a) Network service: Network affiliation contracts between stations and
   networks will be reduced to writing and filed upon request as follows:

   (1) All network affiliation contracts, agreements, or understandings
   between a TV broadcast or low power TV station and a national network.
   For the purposes of this paragraph the term network means any person,
   entity, or corporation which offers an interconnected program service
   on a regular basis for 15 or more hours per week to at least 25
   affiliated television licensees in 10 or more states; and/or any
   person, entity, or corporation controlling, controlled by, or under
   common control with such person, entity, or corporation.

   (2) Each such filing shall consist of all of the terms and conditions
   of such contract, agreement or understanding, including any other paper
   or document incorporated by reference or otherwise.

   (b) Ownership or control: Contracts, instruments or documents relating
   to the present or future ownership or control of the licensee or
   permittee or of the licensee's or permittee's stock, rights or
   interests therein, or relating to changes in such ownership or control
   shall include but are not limited to the following:

   (1) Articles of partnership, association, and incorporation, and
   changes in such instruments;

   (2) Bylaws, and any instruments effecting changes in such bylaws;

   (3) Any agreement, document or instrument providing for the assignment
   of a license or permit, or affecting, directly or indirectly, the
   ownership or voting rights of the licensee's or permittee's stock
   (common or preferred, voting or nonvoting), such as:

   (i) Agreements for transfer of stock;

   (ii) Instruments for the issuance of new stock; or

   (iii) Agreements for the acquisition of licensee's or permittee's stock
   by the issuing licensee or permittee corporation, pledges, trust
   agreements or abstracts thereof, options to purchase stock and other
   executory agreements. Should the FCC request an abstract of the trust
   agreement in lieu of the trust agreement, the licensee or permittee
   will submit the following information concerning the trust:

   (A) Name of trust;

   (B) Duration of trust;

   (C) Number of shares of stock owned;

   (D) Name of beneficial owner of stock;

   (E) Name of record owner of stock;

   (F) Name of the party or parties who have the power to vote or control
   the vote of the shares; and

   (G) Any conditions on the powers of voting the stock or any unusual
   characteristics of the trust.

   (4) Proxies with respect to the licensee's or permittee's stock running
   for a period in excess of 1 year, and all proxies, whether or not
   running for a period of 1 year, given without full and detailed
   instructions binding the nominee to act in a specified manner. With
   respect to proxies given without full and detailed instructions, a
   statement showing the number of such proxies, by whom given and
   received, and the percentage of outstanding stock represented by each
   proxy shall be submitted by the licensee or permittee if the stock
   covered by such proxies has been voted. However, when the licensee or
   permittee is a corporation having more than 50 stockholders, such
   complete information need be filed only with respect to proxies given
   by stockholders who are officers or directors, or who have 1% or more
   of the corporation's voting stock. When the licensee or permittee is a
   corporation having more than 50 stockholders and the stockholders
   giving the proxies are not officers or directors or do not hold 1% or
   more of the corporation's stock, the only information required to be
   filed is the name of any person voting 1% or more of the stock by
   proxy, the number of shares voted by proxy by such person, and the
   total number of shares voted at the particular stockholders' meeting in
   which the shares were voted by proxy.

   (5) Mortgage or loan agreements containing provisions restricting the
   licensee's or permittee's freedom of operation, such as those affecting
   voting rights, specifying or limiting the amount of dividends payable,
   the purchase of new equipment, or the maintenance of current assets.

   (6) Any agreement reflecting a change in the officers, directors or
   stockholders of a corporation, other than the licensee or permittee,
   having an interest, direct or indirect, in the licensee or permittee as
   specified by § 73.3615.

   (7) Agreements providing for the assignment of a license or permit or
   agreements for the transfer of stock filed in accordance with FCC
   application Forms 314, 315, 316 need not be resubmitted pursuant to the
   terms of this rule provision.

   (c) Personnel: (1) Management consultant agreements with independent
   contractors; contracts relating to the utilization in a management
   capacity of any person other than an officer, director, or regular
   employee of the licensee or permittee; station management contracts
   with any persons, whether or not officers, directors, or regular
   employees, which provide for both a percentage of profits and a sharing
   in losses; or any similar agreements.

   (2) The following contracts, agreements, or understandings need not be
   filed: Agreements with persons regularly employed as general or station
   managers or salesmen; contracts with program managers or program
   personnel; contracts with attorneys, accountants or consulting radio
   engineers; contracts with performers; contracts with station
   representatives; contracts with labor unions; or any similar
   agreements.

   (d) Other agreements: Subchannel leasing agreements for Subsidiary
   Communications Authorization operation; franchise/leasing agreements
   for operation of telecommunications services on the television vertical
   blanking interval and in the visual signal; time sales contracts with
   the same sponsor for 4 or more hours per day, except where the length
   of the events (such as athletic contests, musical programs and special
   events) broadcast pursuant to the contract is not under control of the
   station; and contracts with chief operators or other engineering
   personnel.

   [ 44 FR 38512 , July 2, 1979, as amended at  47 FR 21496 , May 18, 1982;  50 FR 4664 , Feb. 1, 1985;  50 FR 30951 , July 31, 1985;  51 FR 9966 , Mar. 24,
   1986;  51 FR 15785 , Apr. 28, 1986;  57 FR 18093 , Apr. 29, 1992;  57 FR 42706 , Sept. 16, 1992;  61 FR 36305 , July 10, 1996;  63 FR 70050 , Dec.
   18, 1998;  64 FR 50646 , Sept. 17, 1999;  66 FR 9972 , Feb. 13, 2001;  68 FR 46358 , Aug. 5, 2003;  79 FR 29006 , May 20, 2014;  83 FR 757 , Jan. 8,
   2018;  83 FR 85558 , Dec. 21, 2018]

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Goto Section: 73.3612 | 73.3615

Goto Year: 2018 | 2020
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