Page images
PDF
EPUB

changes are published in the FEDERAL $0.415 The rules and regulations REGISTER, which is published daily ex- (looseleaf service). cept on legal holidays. Notices of pro

(a) In this service, the rules are diposed rule making, other rule making

vided into 10 volumes, each containing documents, statements of general pol

several related parts. Each volume may icy, interpretations of general applica

be purchased separately from the Subility, and other Commission docu

perintendent of Documents. The purments having general applicability and

chase price for a volume includes a sublegal effect are also published in the

scription to replacement pages reflectFEDERAL REGISTER. Summaries of the

ing changes in the rules contained full Notices of proposed rule making therein until such time as the volume and other rule making decisions adopt- is revised. Each volume is revised peried by the Commission constitute rule

odically, depending primarily on the making documents for purposes of FED- frequency with which the rules it conERAL REGISTER publication. The FED- tains have been amended. When a volERAL REGISTER is fully indexed and ume is revised, the revised volume and contains numerous findings aids.

replacement pages therefor will be fur(32 FR 10571, July 19, 1967, as amended at 44

nished to those who renew their subFR 39180, July 5, 1979; 51 FR 7444, Mar. 4, 1986)

scriptions.

(b) (Reserved] $0.413 The Commission's printed publications.

(41 FR 21449, May 26, 1976, as amended at 45

FR 49935, July 28, 1980; 51 FR 31304, Sept. 2, The Commission's printed publica- 1986) tions are described in $80.4140.420. These publications may be purchased $0.416 The Federal Communications from the Superintendent of Docu

Commission Record. ments, U.S. Government Printing Of- Texts adopted by the Commission or fice, Washington, D.C. 20402. The Com- a member of its staff on delegated aumission does not furnish copies of these thority and made available to the pubpublications but will furnish a price lic through the Office of Congressional list (Administration Bulletin No. 1) and Public Affairs are published in the upon request. Requests for copies of FCC Record. The FCC Record is pubthat list should be directed to the Of- lished biweekly in pamphlet form. The fice of Public Affairs, Federal Commu- pamphlets are available on a subscripnications Commission, Washington,

tion basis from the Superintendent of D.C. 20554.

Documents. Each biweekly pamphlet

contains a table of contents and cur(32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5, 1979)

rent index. A consolidated index is pub

lished on a periodic basis. $ 0.414 The Communications Act and

(51 FR 45889, Dec. 23, 1986) other statutory materials. This publication, with packets of re

80.417 The Annual Reports. vised pages, contains the Communica- At the end of each fiscal year, the tions Act of 1934, with amendments Commission publishes an Annual Rethrough 1964; the Administrative Pro- port containing general information cedure Act, with amendments through concerning the Commission and the 1964; the Judicial Review Act; the Com history of regulation, a summary of demunications Satellite Act of 1962; and velopments during the year, and seselected sections of the Criminal Code lected industry statistics. pertaining to communications. It also

(32 FR 10571, July 19, 1967) contains indexes to the Communications Act and the Administrative Pro

80.420 Other Commission publicacedure Act. Persons who do not have tions. ready access to the United States Code, or who refer frequently to these mate

The following additional Commission rials, may find this volume to be use

publications may be purchased from ful.

the Superintendent of Documents:

(a) Statistics of Communications (32 FR 10671, July 19, 1967)

Common Carriers.

LISTS CONTAINING INFORMATION COMPILED BY THE COMMISSION

(b) Figure M-3, Estimated AM Ground Conductivity of the United States (set of two maps).

(c) Television Network Program Procurement Report, 2d Interim Report, Part 2, by the Office of Network Study. (32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5, 1979)

FORMS AND DOCUMENTS AVAILABLE

UPON REQUEST

80.421 Application forms.

All forms for use in submitting applications for radio authorization, together with instructions and information as to filing such forms, may be obtained at the Washington offices of the Commission or at any of the field offices listed in $0.121. For information concerning the forms to be used and filing requirements, see subparts D, E, F, and G, of part 1 of this chapter and the appropriate substantive rules. (40 FR 17254, Apr. 18, 1975)

$0.431 The FCC service frequency

lists. Lists of frequency assignments to radio stations authorized by the Commission are recapitulated periodically by means of an automated record system. All stations licensed by the Commission are included, except the following: Aircraft, amateur, personal (except General Mobile Radio Service), Civil Air Patrol, and disaster. The resulting documents, the FCC service frequency lists, consist of several volumes arranged by nature of service, in frequency order, including station locations, call signs and other technical particulars of each assignment. These documents are available for public inspection at each of the Commission's Field Operations Bureau field offices (see $0.121) and, in Washington, DC, in the Office of Engineering and Technology. Copies may be purchased from the Commission's duplicating contractor. See $0.465(a). (42 FR 8326, Feb. 9, 1977, as amended at 44 FR 39180, July 5, 1979; 51 FR 12615, Apr. 14, 1986)

80.422 Current action documents and

public notices. A limited number of copies of the text of documents adopted by the Commission, public notices of Commission actions, and other public releases is made available at the Press and News Media Division when they are issued. Back issues of public releases are available for inspection in this office. (47 U.S.C. 154, 155, 303) (36 FR 15121, Aug. 13, 1971, as amended at 44 FR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7, 1979)

80.423 Information bulletins.

A number of bulletins containing information about communications and the Federal Communications Commission have been prepared by the Commission for distribution to the public. A listing of these bulletins is included in ED Bulletin No. 1, "FCC Publications". Requests for bulletins should be directed to the Press and News Media Division. (47 U.S.C. 154, 155, 303) (36 FR 15121, Aug. 13, 1971, as amended at 44 FR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7, 1979)

80.433 The radio equipment lists.

Lists of type approved and type accepted equipment (the radio equipment lists) are prepared periodically by the Commission. These documents are available for public inspection at each of the Commission's Field Operations Bureau field offices (see $0.121) and in the Office of Engineering and Technology. Copies may be purchased from the Commission's duplicating contractor. See $0.465(a). (40 FR 17255, Apr. 18, 1975, as amended at 44 FR 39180, July 5, 1979; 51 FR 12615, Apr. 14, 1986) 80.434 Data bases and lists of author.

ized broadcast stations and pending

broadcast applications. Periodically the FCC makes available copies of its data bases and lists containing information about authorized broadcast stations, pending applications for such stations, and rulemaking proceedings involving amendments to the TV and FM Table of Allotments. The data bases, and the lists prepared from the data bases, contain frequencies, station locations, and other particulars. The lists are available for public inspection at the FCC's Public Reference Room, Washington, DC. Paper copies of the lists may be purchased from the FCC's duplicating contractor; see $0.465(a). Microfiche copies of the lists and the data bases themselves may be obtained from:

National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161.

(703) 487-4763 for data bases on magnetic tape.

(703) 487-4808 for data bases on diskette.

(703) 487–4630 for monthly subscription to microfiche lists.

(703) 487–4650 for one-time purchases of microfiche lists.

(a) For AM broadcast:

(1) Lists available only on paper from the Commission's duplicating contractor:

(1) Pending construction permit applications for new stations and changes in existing facilities in order by frequency.

(11) Pending construction permit applications for new stations and changes in existing facilities in order by state and city.

(iii) Pending construction permit applications for new stations and changes in existing facilities in order by file number. Complete lists are prepared approximately once each month, with updates at least once each week.

(2) Lists available only on microfiche from NTIS:

(1) AM stations in order by state (U.S. only); summary listing.

(11) AM stations in order by frequency (U.S. only); summary listing.

(111) AM stations in order by country and state; complete listing including all countries in Region 2, tower information, etc. Complete lists are prepared approximately once each month; there are no updates.

(3) Copies of the AM Engineering Data Base are supplied to NTIS approximately once each month. NTIS refers to this as the “Broadcast AM Data Base."

(b) For FM Broadcast:

(1) Lists available only on paper from the Commission's duplicating contractor:

(1) FM stations (including translators) in order by state; complete lists available monthly, with updates at least once each week.

(ii) FM stations (including translators) in order by frequency; complete lists available monthly, with updates at least once each week.

(iii) Vacant FM channels and applications therefor in order by state; complete lists are available monthly; there are no updates.

(2) Lists available only on microfiche from NTIS:

(1) FM stations (including translators) in order by state.

(ii) FM stations (including translators) in order by frequency. Complete lists are prepared approximately once each month; there are no updates.

(3) Copies of the FM Engineering Data Base are supplied to NTIS ap proximately once each month. NTIS refers to this as the “Broadcast FM Data Base."

(c) For TV stations, the lists are arranged as follows:

(1) Authorized stations, pending construction permit applications, proposed rulemakings, and vacant channels in order of state and city. A complete list is prepared approximately once a month, with updates approximately each week.

(2) Vacant assignments and applications therefor. The list is in order by state and city. Complete lists are prepared approximately once a month; there are no updates.

(d) For TV broadcast translator stations, the lists contain authorized stations and pending construction permit applications for new stations and changes in existing facilities. There is one list arranged in order by state, city, and channel; and another list arranged in order by state, channel, and call. Complete lists are prepared approximately once a month, with updates each week.

(e) Users of the data bases and the lists prepared from the data bases are cautioned that the data bases and the lists are unofficial. They have been prepared for the convenience of the

FCC's staff, and should not be relied on by the public because in some instances the data bases and the lists may not agree with the primary sources of information (e.g., official license documents, international notifications, actual applications, and the like). Action by the public, such as the filing of applications, should be based on the primary sources of information and not on the data bases or lists. If there are discrepancies between the primary sources of information and the data bases or lists, the former control.

(1) The United States and its officers, agents, and employees shall not be responsible or liable for any loss, expense, or damage arising from or incident to the use of either the data bases or the lists by the public. [45 FR 41151, June 18, 1980, as amended at 53 FR 4412, Feb. 16, 1988) PUBLIC INFORMATION AND INSPECTION OF

RECORDS $0.441 General.

Any person desiring to obtain information may do so by writing or coming in person to any of the Commission's offices. A broader range of information and more comprehensive information facilities are available at the Commission's main office in Washington, D.C., however, and inquiries of a general nature should ordinarily be submitted to that office. [32 FR 10573, July 19, 1967) 80.442 Disclosure to other Federal

government agencies of information submitted to the Commission in

confidence. (a) The disclosure of records to other federal government agencies is generally governed by 44 U.S.C. 3512 and 3508(a) rather than the Freedom of Information Act. The acceptance of materials in confidence under $0.457 or $0.459 does not provide assurance against their disclosure to other agencies.

(b) Information submitted to the Commission in confidence pursuant to $0.457(c) (2) and (3), (d) and (8) or $0.459 will be disclosed to other agencies of the federal government upon request: Provided (1) Specific Commission assurances against such disclosure have not

been given, (2) the other agency has established a legitimate need for the information, (3) disclosure is made subject to the provisions of 44 U.S.C. 3508(a), and (4) disclosure is not prohibited by the Privacy Act or other provisions of law.

(c) The Commission's staff may give assurances against disclosure of information to other federal agencies only with the prior written approval of the General Counsel. In no event will assurance against disclosure to other agencies be given in advance of submission of the information to the Commission if submission is required by statute or by the provisions of this chap ter; but the notice provisions of paragraph (d) of this section will apply to such information.

(d)(1) Except as provided in paragraph (d)(2) of this section a party who furnished records to the Commission in confidence will be notified at the time that the request for disclosure is submitted and will be afforded 10 days in which to oppose disclosure.

(2) If the agency requesting the records states to the satisfaction of the Commission that notice to the party who furnished the records to the Commission will interfere unduly with its law enforcement activities and further states that it will notify that party of the Commission's disclosure once the potential for such interference is eliminated, the Commission will not give notice of disclosure.

(3) If notice is given to the party who furnished the records to the Commission in confidence and disclosure is not opposed, the staff is authorized to make the records available to the agency which requested them.

(4) If disclosure is opposed and the Commission decides to make the records available to the other agency, the party who furnished the records to the Commission will be afforded ten (10) working days from the date of the ruling in which to move for a judicial stay of the Commission's action. If he does not move for stay within this period, the records will be disclosed.

(e) Nothing in this section is intended to govern disclosure of information to Congress. [44 FR 55573, Sept. 27, 1979; 44 FR 57096, Oct. 4, 1979)

$0.443 General information office.

(d) Formal policy statements and inThe Press and News Media Division is

terpretations designed to have general located at 1919 M Street NW., Washing

applicability and legal effect are pubton, D.C. Here the public may obtain

lished in the FEDERAL REGISTER, the copies of public notices of Commission

FCC Record, FCC Reports, or Pike and actions, formal documents adopted by

Fischer. Commission decisions and the Commission and other public re

other Commission documents not entileases as they are issued. Back issues

tled formal policy statements or interof public releases are available for in

pretations may contain substantive inspection in this office. Copies of fact

terpretations and statements regarding sheets which answer general questions policy, and these are published as part about the Commission may be obtained

of the document in the FCC Record, from this office.

FCC Reports or Pike and Fischer. Gen

eral statements regarding policy and (36 FR 15121, Aug. 13, 1971, as amended at 44

interpretations furnished to individFR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7,

uals, in correspondence or otherwise, 1979)

are not ordinarily published. $0.445 Publication, availability and

(e) If the documents described in use of opinions, orders, policy state- paragraphs (a) through (d) of this secments, interpretations, administra. tion are published in the FEDERAL REG

tive manuals, and staff instructions. ISTER, the FCC Record, FCC Reports, or (a) Adjudicatory opinions and orders

Pike and Fischer Radio Regulation, of the Commission, or its staff acting they may be relied upon, used or cited on delegated authority, are mailed to as precedent by the Commission or prithe parties, and as part of the record, vate parties in any manner. If they are are available for inspection in accord- not so published, they may not be reance with $0.453 and $0.455.

lied upon, used or cited as precedent, (b) Texts adopted by the Commission except against persons who have actual or a member of its staff on delegated notice of the document in question or authority and made available to the by such persons against the Commispublic through the Office of Congres- sion. No person is expected to comply sional and Public Affairs are published with any requirement or policy of the in the FCC Record. Older materials of Commission unless he has actual nothis nature are available in the FCC tice of that requirement or policy or a Reports. In the event that such older document stating it has been published materials are not published in the FCC as provided in this paragraph. Nothing Reports, reference should be made to in this paragraph, however, shall be the FEDERAL REGISTER or Pike and construed as precluding a reference to Fischer Radio Regulation.

the rationale set forth in a recent doc(c) All rulemaking documents are ument that is pending publication if published in the FEDERAL REGISTER. the requirment or policy to which the Summaries of the full Notices of pro- rationale relates is contained in a pubposed rule making and other rule mak- lished document or if actual notice of ing decisions adopted by the Commis- that requirement or policy has been sion constitute rulemaking documents given. for purposes of FEDERAL REGISTER pub- (1) The FEDERAL REGISTER, the FCC lication. See $1.412(a)(1). The complete Record, FCC Reports and Pike and text of the Commission decision also is Fischer Radio Regulation are indexed. released by the Commission and is If the documents described in paraavailable for inspection and copying graphs (and) of this section are not during normal business hours in the published, they are neither indexed nor FCC Dockets Branch (Room 230), 1919 relied upon, except as provided in paraM Street, NW., Washington, DC, or as graph (e) of this section. otherwise specified in the rulemaking (8) There are two Commission staff document published in the FEDERAL manuals, the FCC Administrative ManREGISTER. The complete texts of rule- ual and the FOB Manual. The FCC Admaking decisions may also be pur- ministrative Manual (excepting Part chased from the Commission's dupli- IX, concerning Civil Defense, which cating contractor.

contains materials classified under

« PreviousContinue »