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The previous rules required licensees to maintain copies of applications placed on local public notice, as well as every application involving changes in program service, an extension of time in which to complete construction of a new station, consent to involuntary assignment or transfer, or to voluntary assignment or transfer, not resulting in a substantial change in ownership or control and which may be applied for on FCC Form 316. Those rules had previously contained confusing requirements for retention which many parties  S' x requested we revise.I?,  yO'ԍSections 73.3526(e) and 73.3527(e) required retention of pending construction permit applications during the period they were pending before the FCC or the courts. 47 CFR 73.3526(e)(1). Once granted, they and all other applications retained were required to be retained "for a period beginning with the date they are tendered for filing and ending with the expiration of one license term, or until the grant of the first [license] renewal application..., whichever is later" with two limited exceptions. 47 CFR 73.3526(e)(2).I In the Report and Order we revised the rule to include  all applications, but we  xclarified and shortened the period of retention to the period during which an application remains pending.  x@We also changed the retention period of applications granted pursuant to a waiver to the period during which the waiver is in effect.  S' "A24. NAB and APTS ask that the Commission reinstate previous versions of the local public  xinspection file rules requiring only retention of applications for which local public notice is given. NAB  xZand APTS state that the new rules including all applications create additional regulatory burdens which" ?,''>"  S' xtare contrary to the Commission's goals in this proceeding.Y@ yOh'ԍNAB Petition at 67; APTS Petition at 2.Y NAB cites to the origins of the public file  x*provision and claims that the determination in 1965 that only certain applications be included in the public  S'file should govern our action in this proceeding.CAX yO'ԍNAB Petition at 6.C  S`' "  25. Public Broadcasters suggest that we exempt certain stations from the requirement that  xapplications granted pursuant to a waiver be kept in the file for the duration of the applicability of the  S' xxwaiver.B {O 'ԍPublic Broadcasters Petition at 8; MAP, et al., Opposition, at iii n. 1. In support of this request, it claims that some waivers do not raise concerns respecting licensee  xperformance of the kind warranting indefinite retention of documents to assure ongoing public scrutiny.  x3As an example, Public Broadcasters cite to waivers of the main studio rule entailing satellite operation.  xQSuch operations provide service for long periods and are accepted and noncontroversial operations which  x7do not require heightened levels of scrutiny. At the very least, they argue, the Commission should clarify which types of waiver would trigger the retention requirement.  S ' " 26. We affirm Sections 73.3526 and 73.3527 as revised in the Report and Order.  We are not  xpersuaded by the argument that we should adhere to the spirit of the original public file proceeding in  S ' x1965 to require retention only of those applications that require local public notice. Members of the  xpublic may very well have an interest in reviewing all of a licensee's pending applications, even those not  S\' xplaced on local public notice. Moreover, our amendment to this rule to include all applications in the  xgpublic file simplifies this rule greatly. We believe that the addition of some applications will not burden  xstations, because the number of additional applications is small, and inclusion of all applications relieves  xlicensees and permitees of the need to seek counsel regarding the question of which applications need be  xQkept. In addition, we amended this rule to change the retention period of applications to the period during  S' xwhich they are pending before the Commission or the courts.eCZz yO'ԍ13 FCC Rcd at 15711. For purposes of this rule, an application remains pending until the Commission  {Ov'or the courts have taken final action on it, i.e., the application is no longer subject to reconsideration, review or appeal either at the FCC or the courts. 13 FCC Rcd at 15711. e This shortens and clarifies the retention  xperiod which previously had required that applications be retained throughout the renewal period during which they were filed.  "27. With respect to retaining applications granted pursuant to a waiver, we reaffirm our decision  x/to require retention of all applications granted pursuant to a waiver for the duration of the waiver's  S' x applicability. As we stated in the Report and Order, we believe these applications must remain available  xto the public for the entire period the waiver is in effect to ensure the public can assist the FCC in  xevaluating licensee performance in light of the representations made in the application and waiver  S.' xrequest.UD. {Oj$'ԍSee 13 FCC Rcd at 15712.U We also believe that the burden of retaining the application is outweighed by the need to keep  xan accurate and complete record of a station's operations. We decline to apply this requirement only to  xparticular types of waivers. To do so could undermine the public's ability to examine licensee" . D,''"  xperformance under the waiver, and could also unduly complicate what should be a straightforward and easytoapply requirement.  S' " 28. Electronic Mail. In the Report and Order, we amended our rules to require licensees to retain  xemail messages as well as traditional printed communications. Section 73.3526(e)(9) was amended to read:  S' XLetters 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.   S ' "29. NAB and State Broadcasters request that we limit or exclude emails to be retained.vE  yO:'ԍNAB Petition at 56; State Broadcasters Petition at 910, Reply at 2.v Both  xargue that the retention of email encroaches on the rights of privacy of station staff because it will require  S ' xreview of all incoming mail to determine which emails must be retained.eF X yOz'ԍNAB Petition at 6; State Broadcasters Petition at 9.e To avoid this intrusion, they  xsuggest that we limit the retention requirement to emails sent to a publicly advertised email address, or  S2' xto station management and that we specifically exclude the personal emails of staff members.jG2 yO'ԍNAB Petition at 56; State Broadcasters Petition at 910.j MAP,  S ' x et al., argue that we should not limit or exclude emails, but acknowledges that we could limit the retention requirement to emails received by managers.  S' "30. We will modify this requirement. Section 73.3526(e)(9) was modified to extend the retention  x&requirements to the same sort of email communications as have historically applied to traditional mail  xcommunications. We recognize that personal emails in the workplace have become quite common, much  xmore so than letters, and that our requirement may have had an overbroad result. To ensure that only e S' xg mails regarding the operation of the station be retained, we will limit the email retention requirement to  xMemails sent to a publicly advertised email address, or to station management, and we will specifically  xexclude the personal emails of staff members. We expect this exclusion of personal email to avoid the  xpossible overbroad effect of including email sent to a lower level employee that might contain an  x@inconsequential reference to station operation. We encourage stations to advertise email addresses to which comments and suggestions may be sent, but we do not require this.  S' "  31. Donors' Lists. Section 73.3527(a)(8) of our rules requires that noncommercial educational  S' x stations maintain the lists of donors supporting specific programs. In the Report and Order, we considered  xZbut denied a petition asking us to delete this requirement from the public file. That petition argued that  xthis provision was obsolete because it is rooted in the program log requirements that were deleted in  SB'1980.HBx {OZ&'ԍSee Reregulation and Oversight of the AM FM and TV Broadcast Rules, 77 FCC 2d 251 (1980). "B H,''7"Ԍ S' "ԙ32. Public Broadcasters and APTS argue that the Commission should delete this requirement on  S' xM reconsideration because it is obsolete.lI yO@'ԍPublic Broadcasters Petition at 36; APTS Petition at 35. l MAP, et al., agree that this section could be deleted.ZJX {O'ԍMAP, et al., Opposition at iii n.1.Z Public  xgBroadcasters also claim that since the provision's genesis was as an optional alternative to logging, and  S' xit was adopted as a requirement without notice or comment, it should be deleted.UK yO'ԍPublic Broadcasters Petition at 45.U They request that, in  x7the event we retain the requirement, we define the phrase "donors supporting specific programs," and set  S:'forth a procedure by which such donor lists can be maintained over the twoyear retention period.SL:z yOT 'ԍPublic Broadcasters Petition at 6.S  S' "  33. We disagree that this provision is obsolete. As we stated in the Report and Order, the donor  xglist requirement is tied to our sponsorship identification requirements under Section 317 of the Act and  S' xSection 73.1212 of our rules, which require noncommercial educational stations to acknowledge donors. M  {OF'ԍSee 47 USC  317; 47 CFR  73.1212; Commission Policy Concerning the Noncommercial Nature of  {O'Educational Broadcast Stations, BC Docket No. 21136, 90 FCC 2d 895, 896 n. 7 (1982).   xpThe basic premise of these provisions is that the public is entitled to know by whom they are being  SL ' xpersuaded.^NL f  {OR'ԍSee 90 FCC 2d 895, 901.hhC^ The donor list requirement for noncommercial licensees is related to the Commission's  xdetermination that noncommercial educational stations are permitted to limit their onair program  xsponsorship announcements to major donors or underwriters only, but must maintain a complete donor  S ' xlist in their public files.O&  {Ol'ԍSee  90 FCC 2d 895, 901 n. 18 (1982) (general reference to minor contributors must also include a statement advising the public that a complete donor list is maintained through PBS or the individual public  {O'broadcast station, whichever is appropriate). See also Revision of Program Policies and Reporting Requirements  {O'Related to Public Broadcasting Licensees, BC Docket 81496, 98 FCC 2d 746, n. 23. Although donor lists originated as an optional alternative to logging, they were  xtdeliberately retained when the logging requirements were deleted, and stations retained their obligations  S ' xto identify donors in accordance with Section 73.1212.P  {O 'ԍSee Revision of Program Policies and Reporting Requirements Related to Public Broadcasting  {O'Licensees, BC Docket 81496, 98 FCC 2d 746. Parties had ample notice and opportunity to  S\' xcomment on this provision in this Docket, and their positions were given full consideration. The donor  xlists provide the only complete information regarding program sponsorship on noncommercial stations,  S ' xand therefore will be retained . We note that the list for each program must be maintained for two years after broadcast of the program.  "!34. With respect to the definition of "donors supporting specific programs," we will apply the  xsame definition as applies to "sponsors" under the sponsorship identification provisions. That is, we  x&expect licensees under Section 317(a)(2)(c) of the Act to exercise "reasonable diligence" to obtain the"D BP,''"  S' xrequisite information to assure that a proper identification is made.}Q {Oh'ԍSee Trumper Communications of Portland, LTD. et al., 11 FCC Rcd 20415.} We note in this regard that Section  S' xk73.1212(e) requires licensees to disclose the "true identity" of those on whose behalf a payment is made.:RZ {O'ԍId.:  x^In making this determination, unless furnished with "credible, unrefuted evidence" that a sponsor is acting  xon behalf of a third party, the broadcaster may rely on the plausible assurances of the person paying for  S`'the time that they are the true sponsor.:S` {O'ԍId.:   S' " "35. Letters concerning violent programming. Section 73.1202 of our rules requires that licensees  x of commercial AM, FM and Television broadcast stations retain in their public files for three years all  xQwritten comments and suggestions received from the public regarding station operation. Section 73.3526  ximplements this provision with similar language. There is no similar provision requiring licensees of  Sr' x noncommercial educational stations to retain such written correspondence. In the Report and Order we  x nonetheless required that all noncommercial television licensees include in their renewal applications a  xsummary of any letters they receive regarding violent programming even though these licensees are not  S ' x^required to retain such letters themselves under our rules. We based this determination on Section 204(b)  S ' xof the Telecommunications Act of 1996 ("1996 Act")._T ~ yO'ԍPub. L. No. 104104, 110 Stat. 56, 113 (1996)._ This section amended Section 308(d) of the Communications Act of 1934 to require that  X[e]ach applicant for the renewal of a commercial or noncommercial television license shall  attach as an exhibit to the application a summary of written comments and suggestions  received from the public and maintained by the licensee (in accordance with Commission  regulations) that comment on the applicant's programming, if any, and that are  S'characterized by the commenter as constituting violent programming.U yOj'ԍ 47 U.S.C.  308(d) (as amended by Section 204(b) of the 1996 Act, Pub. L. No. 104104, 110 Stat. 56 (1996)).   Sl' x  In the Report and Order we found that this requirement was appropriate in light of Congress' concern  xwith violent programming, and would help ensure that the Commission and the public are kept informed  xpof concerns raised by the public about such programming on both commercial and noncommercial  S'stations.OVf  {O 'ԍSee 13 FCC Rcd at 15718.O  S'  S' "#36. APTS and Public Broadcasters request reconsideration of the Commission's holding that  S~' xnoncommercial stations are required to summarize letters concerning violent programming.jW~  yO%'ԍAPTS Petition at 57; Public Broadcasters Petition at 7.j APTS argues  xxthat since, under the Commission's rules, noncommercial stations are not required to maintain letters from  xthe public, and the Commission has not revised this requirement, Section 308(d) does not contemplate a". W,''"  S' xxsummary of letters to be filed by any noncommercial educational television licensee at renewal.FX yOh'ԍAPTS Petition at 67.F It points  S' xout that it raised this concern in its comments filed in response to the Notice, because it was concerned  xthat noncommercial stations would be subject to the more onerous burden of summarizing letters received  x^during the entire renewal term while commercial broadcasters would be required to summarize only those  Sb'letters received during the last three years of their renewal term.TYbX {OZ'ԍSee 13 FCC Rcd 15718, n. 130.T  S' "<$37. On reconsideration, we grant APTS' request. Section 308(d) requires licensees to summarize  S' xgonly those letters maintained by licensees "in accordance with Commission regulations." In the Report  S' x and Order, we did not amend Section 73.3527 to require noncommercial educational licensees to retain  xletters from the public regarding violent programming. Since noncommercial educational licensees are  x^not required to maintain these letters under our rules, we will not require them to file a summary of letters  xreceived with their renewal, even if they voluntarily retain the letters they receive. We believe this is  x&consistent with the plain meaning of the statute. We also note that reports regarding violent television  xprogramming have raised little concern about the programming aired by noncommercial educational  S 'television stations.oZ  {O`'ԍSee The UCLA Television Violence Report, 1996 at 15053.o  S ' "u  %38. Ownership Reports for Noncommercial Educational Stations. The Report and Order made  xQan editorial amendment to the public file rule for noncommercial educational stations, 47 CFR  73.3527,  xto add the requirement, previously omitted, that those stations retain in their public files, a copy of their  xmost recently filed complete ownership report (FCC Form 323E) "together with any subsequent  S' xsupplemental report or statement filed with the FCC certifying that the current report is accurate. . . ."K[| yO'ԍ47 CFR  73.3527(e)(4).K  xtWe made this change to reflect the same requirement in the rule governing ownership reports, 47 CFR  x 73.3615. Public Broadcasters request that we delete the requirement that noncommercial educational  xstations file certifications that the current ownership report is accurate. They claim these certifications are  xfiled only by commercial licensees because noncommercial educational licensees file their ownership  S 'reports on a different schedule than commercial licensees.S\   yO'ԍPublic Broadcasters Petition at 9.S  S' " &39.  We will retain the rule as revised. In the Mass Media Streamlining Report and Order,] {O !'ԍSee Report and Order in MM Docket 98281, 13 FCC Rcd 23056, 23094 (1998) ("Mass Media  {O!'Streamlining"). we  xamended Section 73.3615 to require noncommercial educational stations to file ownership reports with  S' xkthe same frequency as commercial stations are required to file.|^^  {O%'ԍ Mass Media Streamlining amended that filing period to every two years. See 13 FCC Rcd at 23094.  {O%'That Report and Order also amended Section 73.3527(e)(4) to delete the reference to any "subsequent  {O&'supplemental report." Id. We will make that change in the rule. | The requirement in Section 73.3527 that"^,''"  xnoncommercial educational licensees retain in the public file the most recent, complete ownership report  xon file with the FCC for the station, and a certification that the current report is accurate, is fully consistent with this amendment to Section 73.3615.  S`' C. Miscellaneous Matters  S8'  ă  S' "'40. Issuance of "The Public and Broadcasting." In the Report and Order we stated that the  xCommission's staff would issue a revised version of the broadcast manual, "The Public and Broadcasting."  S' xNAB asks that the Commission solicit public comment on this manual prior to issuing it.D_ yO* 'ԍNAB Petition at 12.D NAB argues  xthat because the manual is a required element of the public file, the public and broadcasters should have  xthe ability to preview the document to verify its accuracy and to propose changes to make sure the manual  SJ 'is a useful tool for the public.:`J X {OB 'ԍId.:  S ' "#(41. We do not believe that it is necessary to solicit public comment on "The Public and  xBroadcasting" as requested by NAB. The manual is merely a summary of our existing policies and rules  xrelating to broadcast stations, including the changes to the rules enacted in this docket. It will be revised  xfrom time to time and issued on the Commission's web page so that stations can keep the most updated  xversion in their public files. We disagree that this document requires notice and comment. The manual  xwill not effectuate any rule change, but merely provides a general summary of our rules and policies for  S 'the public.a$  yO'ԍWe have delegated the task of updating the manual to the Mass Media Bureau. The Bureau has withheld issuing this manual pending resolution of the petitions for reconsideration in this proceeding. We  {O$'expect that the Bureau will issue the revised manual shortly after adoption of this Memorandum Opinion and  {O'Order.  S' "l )42. Official Source for CityCenter Coordinates. As stated above, in the Report and Order we  xQamended the rule governing main studio location to allow a station to locate its main studio at any location  xthat is within either the principal community contour of any station, of any service, licensed to its  xcommunity of license or 25 miles from the reference coordinates of the center of its community of license.  xFor Commission licensing purposes as set forth in Section 73.208 of our rules, a community's reference  xcoordinates are generally the coordinates listed in the United States Department of Interior publication  xentitled "Index to the National Atlas of the United States" ("Atlas Index"). An alternative reference point,  S' x<if none is listed in the Atlas Index, are the coordinates of the main post office.Wb {O!'ԍSee 47 C.F.R.  73.208(a)(1).W In a letter filed on  x*November 10, 1998 Hammett and Edison, Inc. argues that the Atlas Index is outofdate and outofprint  xand thus requires replacement. It claims that the problem with this source is that parties will not easily  xbe able to determine if a community is not listed in the Atlas Index, and will thus have difficulty finding  S' xQa site for their main studio using the mileage criteria. It suggests as an alternative source the U.S. Census  x&Geographic Names Information System CDROM as a Commissionwide official source because it is"h b,''"  S'electronically available and is continuously updated.hc yOh'ԍLetter from Hammett and Edison dated November 10, 1998.h  S' "l*43. We are not amending Section 73.208(a)(1) at this time. We do not believe that this change  S' x&is necessary at this time and is beyond the scope of this proceeding as it would affect the use of city xcenter coordinates for other licensing purposes. We do not anticipate many instances involving a  xdiscrepancy with citycenter coordinates. In the event problems with community coordinates arise, we will address them on a casebycase basis.  S' "+44. Main Studio Issues. Cornerstone Broadcasting Corporation asks that we clarify that stations  S' xoperating pursuant to a main studio or public file waiver prior to the Report and Order in this proceeding  xwho are now in compliance with our rules, be relieved of special obligations placed on them as a  SL ' xycondition of grant of the waiver.ddL X yOD 'ԍCornerstone Broadcasting Corporation Petition at 5.d Cornerstone cites to obligations such as regular visits to the  xcommunity by station management, establishment of a Citizens Advisory Board to meet with station  xmanagement twice a year, coverage of local events in programming, maintenance of the public file in the  xcommunity and providing tollfree telephone service to the community which it admits are a restatement  S ' x^of a licensee's obligation under any circumstances.ve  yO4'ԍCornerstone Broadcasting Corporation Petition, Attachment at 2.v To address Cornerstone's concerns, we clarify that  xstations whose waivers are moot because their operations now are in compliance with the Commission's  x&rules with respect to main studio location are no longer subject to any conditions placed on them by a  xpreviously granted waiver of the main studio or public file rules. These stations are, however, of course  xobligated to comply with all Commission Rules, including those regarding tollfree telephone service and  S'coverage of local issues, just as all other licensees.  ",45. Cedarville College also filed a Petition for Clarification or Declaratory Ruling requesting that  xnoncommercial educational stations that operate as satellite stations pursuant to a main studio waiver be  SD' x3allowed to locate their public files at the main studio of the main "feeder" station.WfDx yO\'ԍCedarville College Petition at 13, 5.W In the Report and  S' xOrder, we stated that all stations, including those operating pursuant to a main studio waiver, would be  S' xrequired to locate their public files at their main studios, wherever located.Sg {O'ԍSee 13 FCC Rcd 15701 n. 53.S We hereby clarify that this  xincludes noncommercial educational satellite stations operating under a main studio waiver. These stations  xmust maintain their public files at the main studios of the stations at which their programming is  xoriginated, and must provide the accommodation to listeners or residents as required under the amended  SX'rules.VhX {O#'ԍSee 1315, supra.V "X, h,''"  S'7III. ADMINISTRATIVE MATTERS ă  S' "-46.  Paperwork Reduction Act of 1995 Analysis. The action contained herein has been analyzed  x7with respect to the Paperwork Reduction Act of 1995 and found to impose no new or modified reporting and recordkeeping requirements or burdens on the public.  "<.47. ACCORDINGLY, IT IS ORDERED that, pursuant to the authority contained in Sections 154,  x303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C.  154, 303, and 307, Sections  S' x73.3526 and 73.3527 of the Commission's Rules, 47 C.F.R.  73.3526 and 73.3527 ARE AMENDED,  Sr'as set forth in Appendix C.  "u/48. IT IS FURTHER ORDERED that, the rule changes set forth in Appendix C SHALL BE  S 'EFFECTIVE 30 days after publication in the Federal Register.  S '   "E049. IT IS FURTHER ORDERED that the Petitions for Reconsideration in this proceeding ARE GRANTED to the extent described above, and are otherwise DENIED.  S\'  S4' "150. IT IS FURTHER ORDERED that the Commission's Office of Public Affairs, Reference  S ' xIOperations Division, SHALL SEND a copy of this Memorandum Opinion and Order, including the  xSupplementary Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.   Sn' "251. IT IS FURTHER ORDERED that upon release of this Memorandum Opinion and Order, this proceeding IS HEREBY TERMINATED. ` `  hhCFEDERAL COMMUNICATIONS COMMISSION ` `  hhCMagalie Roman Salas ` `  hhCSecretary "h,''" X` hp x (#%'0*,.8135@8: