SWMEMO PUBLIC FILE AND OPEN RECORD REQUIREMENTS FOR PUBLIC TELEVISION LICENSEES. PMBA Conference Edition May 29, 2014

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1 SWMEMO From the law offices of SCHWARTZ, WOODS & MILLER PMBA Conference Edition May 29, 2014 PUBLIC FILE AND OPEN RECORD REQUIREMENTS FOR PUBLIC TELEVISION LICENSEES This memo summarizes FCC public television station public file and other disclosure and record-keeping requirements. All licensees must maintain records to comply with FCC rules some in physical files, some on station websites, and some on the FCC-hosted online television public file site. Most licensees must also comply with disclosure rules issued by the IRS and CPB. This memo does not cover record-keeping obligations that may be imposed by employment, safety, and environmental regulations. Television licensees were required to start posting new materials to the FCC-hosted online public file beginning August 2, 2012 and had to complete converting and uploading all older materials in the local public file to the online file by February 4, With the advent of the new system the FCC has taken over many posting obligations, although licensees are required to post frequent updates in some areas. While the new FCC-hosted public file site applies only to TV, it will likely be applied eventually to radio as well. For the time being, though, a bifurcated scheme applies to TV and radio, so joint radio- TV licensees face both online and local physical public file obligations. SCHWARTZ, WOODS & MILLER th Street, N.W., Suite 610 Washington, DC Telephone: (202) Facsimile: (202) lastname@swmlaw.com Attorneys Lawrence M. Miller Steven C. Schaffer Malcolm G. Stevenson Mark Weinberg, Tax Counsel The Commission currently monitors public file compliance through on-site inspections, investigation of complaints, and voluntary licensee disclosure. With the new TV online public file system, the Commission is able to easily identify filing lapses and assess fines. We advise you to review your public files regularly and in particular when the grant of a license renewal application becomes final. The FCC s online system for television public files is not programmed to delete materials posted by licensees during the prior license term, so it is the responsibility of TV licensees to periodically update their files.

2 SWMEMO Page 2 FCC PUBLIC FILE Section of the FCC s rules requires each licensee, applicant, and permittee to maintain a public file. This section covers location, contents, inspection methodology, and retention requirements. Compliance with the FCC's public file rule is important not only to provide public access to station records, but also to document a station's service to its community. Failure to maintain a complete public file can result in an admonition or a substantial fine. A checklist of the FCC requirements is attached for quick reference. Contact Information. A television licensee must provide a link on the home page of its website to its public inspection file(s) hosted on the FCC's website and provide contact information for a station representative who can assist any person with disabilities with issues related to the content of the public file. If station personnel or assignments change, you need to update that contact information. A television licensee also is required to include in the online public file the station's main studio address and telephone number, as well as the address of the station's designated contact for questions about the public file. Mechanics of Online Posting. As noted in the Contents section below, television station filings made with the FCC through the CDBS e-filing system are automatically imported into the online public file. However you are responsible for posting online other public file content, including your quarterly issues/programs lists; annual EEO public file reports; donor lists; copies, where applicable, of Articles of Incorporation and By-laws; and network membership or affiliation agreements. The Commission staff has informally advised that licensees of satellite stations may place a cross-reference in their satellite station public files directing users to the corresponding folder in their parent station public file. If you choose to take advantage of this option, we nonetheless recommend that you continue to post issues/programs lists to each individual online public file to reduce the chance of scrutiny by the staff with respect to whether you have individualized your responsive programming. If you are new to posting documents to or deleting them from the online public file, here is how to do it. Go to and fill in a station Facility ID and Passcode. The Facility ID is available on each station s online public file homepage. You should be able to get the Passcode from someone else at the station who has accessed the site, perhaps the Chief Engineer, or from your friendly FCC attorney. A new Passcode can be generated when needed by entering the licensee s FCC Registration Number (FRN) and Password. For CDBS filings that have automatically been posted by the FCC to the public file, you should periodically remove from public view filings that are beyond their retention periods. When you do that, the link to the filing will appear to you and Commission staff to be grayed out, but it will no longer be visible in the public view. You can restore such a deleted file to public view if you removed it by mistake. For postings to the public file that the station initiated, such as issues/programs lists, annual EEO public file reports, contracts, and donor lists, you can delete a file from view by moving it to the trash-can icon, although you can still look at such a deleted filing or undelete it and the FCC staff can still see it. In other words, once you post a filing, you can never remove it from the FCC s view. We understand that the FCC staff has a computer program that can scan public files to find at least some types of missed and late filings. Timely filing of documents has taken on increased importance with the online system.

3 SWMEMO Page 3 Responsibility upon License Assignment or Transfer. As of the consummation date of the assignment of the station license or the transfer of control of the licensee entity, the new licensee or transferee is responsible for maintaining the public file and should obtain missing records from the assignor or transferor. While new licensees are not strictly liable for documentation missing from the file at the time of the assignment, they are expected to make a good faith effort to correct deficiencies. The FCC notes that new licensees should be able to obtain many of the documents required for the public file during the due diligence review process typically undertaken by the purchaser of a station. Penalty for Noncompliance. In the license renewal application the Commission asks whether all required items have been placed in the public file as and when required. When a licensee responds no, the Commission usually imposes a fine for all but trivial lapses, generally ranging up to $10,000 and sometimes even more. Timely posting of required materials is a must. Contents. The public file includes several elements with different retention periods, including, among other items: Station authorization(s) FCC applications and related materials Contour maps Ownership reports & related information Political records EEO public file reports Quarterly issues/programs lists The Public and Broadcasting publication Citizen agreements Local Notice certifications Donor Lists Must-carry requests and letters Copies of EEO audit documents Where information otherwise unavailable to the public is incorporated by reference in a document, it must be placed in the public file. Station Authorization(s). The FCC provides links to authorizations in each TV station s online public file. In addition, the station license and any other instrument of station authorization must be posted in a conspicuous place and in such a manner that all terms are visible at the place the licensee considers to be the principal control point of the transmitter. You may post the license on the wall or enclose it in a binder or folder at the posting location. FCC Applications and Related Materials. With the exception of applications that include a waiver request, a copy of any application filed with the FCC must be retained in the public file only until the FCC has taken action on it and the action has become final (that is, no longer subject to review or appeal). Application grants by the FCC staff become final 40 days after public notice of the grant, unless a request for reconsideration or review is filed or the Commission decides on its own in the interim to review the action. Construction or assignment applications that were granted pursuant to a waiver of FCC rules must remain in the public file for the duration of the waiver period. Renewal applications granted for less than a full license term (short-term renewals) must be retained in the public file until the next renewal application is granted. The FCC s online public file site provides links to applications in its database. However, licensees must upload any paper filings related to FCC applications. If a petition to deny is filed against an application, a statement to that effect must be uploaded to the file together with the name and address of the party filing the petition.

4 SWMEMO Page 4 Contour Maps. Copies of service contour maps submitted with any application, together with any other information in the application showing service contours and/or main studio and transmitter location, must be retained as long as they reflect current information about the station. The FCC provides a link to them on its online public file site. Ownership Report and Related Materials. Licensees are required to maintain a copy of the most recent complete ownership report, FCC Form 323-E, in the public file. The FCC provides a link to ownership reports in the online public file. Whenever a new ownership report is filed, the previously posted, now outdated, report may be removed. You are required to file ownership reports biennially, as well as when you acquire or are granted authority to construct a new facility. For years we have advised clients to file with the FCC on paper the annual PBS membership certification and any other network agreement that is referenced in the Ownership Report. Those documents should now also be uploaded to the FCC-hosted public file. In the alternative you are permitted to merely list network agreements and provide them to the public upon request, but we suggest to our clients that it is easiest to post them. The following ownership materials must be either placed in the public file or set forth on a list included in the public file, with copies provided to requesting parties within seven days: Articles of incorporation and By-laws (for community group licensees) and amendments thereto; Loan agreements containing provisions restricting the licensee's freedom of operation, such as those affecting voting rights, the purchase of new equipment, and other less common types of agreements that are filed with the Commission pursuant to Section Management consultant agreements with independent contractors (but not contracts with regular management employees, program personnel, or professional consultants); and Citizens agreements addressing community ascertainment, public interest goals, or programming and employment practices. Political Broadcast File. Congress eliminated the statutory reasonable access to federal candidates requirement for public broadcasters in However, requests of this type are still made occasionally. Copies of these requests and of requests for equal opportunities under Section 315 of the Communications Act made by or on behalf of candidates, as well as notations as to their disposition, should continue to be kept at the station in the physical political file (whether paper or electronic). In addition, where material broadcast is political matter or matter involving discussion of a controversial issue of public importance that is furnished or paid for by any corporation, committee, association or other unincorporated group, the licensee must maintain for public inspection a list of the chief executive officers or members of the executive committee of the entity. These items are to be retained for two years. Starting July 1, 2014, television licensees must post new political file materials to the FCC-hosted online public file. Older materials should remain in the physical political file as needed to comply with the two-year retention requirement. Licensees should periodically sweep older materials out of the file to avoid providing outdated and possibly inaccurate information.

5 SWMEMO Page 5 Issues/Programs Lists. Issues/programs lists provide a brief narrative listing the station s most significant treatment of community issues during the preceding three-month period. This requirement has two components. First, the programs should be those the licensee judged most important in addressing the listed issues. Second, the issues should be of the kind commonly covered in news or public affairs programming; while licensees have broad latitude in determining what issues to address, programs listed in categories such as Art or Culture or Entertainment may not qualify as issue responsive. Though we suggest including five to ten issues in each list, there is in fact no magic number. There is no page limitation on the lists but based on review of many lists over the years, we know that it is possible to produce a compliant list that is ten pages, or even less. Whatever the case, some attention must be paid each quarter to determining community issues and reviewing schedules for responsive programming. While it is good practice to include some local programs in the quarterly list, it is possible to show substantial local service through the broadcast of national and regional programs. PBS makes available a quarterly Program Topic Report which should be used by your station in constructing a list oriented to your service area. You can do so easily by cutting and pasting entries from the national list of programs that your station aired and which you believe provided the most responsive treatment of issues. The description of programs must include, at a minimum, the broadcast time, date, duration, and title of the program in which the issue was treated. Issues/programs lists must be placed in the public file by the tenth day following the close of each calendar quarter (January 10; April 10; July 10; October 10) and retained for the longer of the current license term or until the next renewal is granted and final. The FCC has for several years had under consideration rule changes based on review of stations fulfillment of local needs and also proceedings to increase the amount of information available about programming through standardized, online forms. These matters remain under consideration at this writing and the issues/programs list remains the key document permitting the public to review a station s performance.. "The Public and Broadcasting. The FCC online system automatically links to the most recent edition (currently July 2008) of this document on its website. The publication may also be accessed from the FCC s Website: EEO Public File Report/Mid-Term Report. Every licensee with five or more fulltime employees in an employment unit must place in its local file and post to its website annually on the anniversary of its license renewal application filing date an EEO Public File Report. Note that jointly owned radio and television stations in the same market with at least one common employee must prepare the annual EEO report for the employment unit covering both stations. Stations must upload this report to the FCC-hosted online public file. The report must include for the preceding year information regarding: (a) full-time vacancies filled; (b) recruitment sources used; (c) recruitment sources that referred full-time hires; (d) data reflecting the total number of persons interviewed for full-time vacancies and the recruitment source for each; and (e) a list of broader outreach initiatives implemented by the licensee. At renewal time all stations file FCC Form 396, the EEO Program Report, to which are attached two annual EEO Public File Reports. The FCC provides links to this filing in the online public file. In addition, TV stations with five or more full-time employees and radio stations with more than ten full-time employees must prepare FCC

6 SWMEMO Page 6 Form 397, the Broadcast Mid-Term Report, which is filed with the FCC half way through the license period. The Broadcast Mid-Term Report includes EEO Public File Reports covering the two years preceding the mid-term review. The FCC provides links to this report in the online public file. Finally, if a call sign of yours is one of the 5% chosen each year in the FCC s random audits, the FCC s audit letter, your response, and the FCC s disposition document must be kept in your local public file. The annual EEO Public File Report must be retained in the public file until the renewal application to which it pertains is granted and the grant has become final. Only the current EEO Public File Report needs to be posted to the station website. Joint television/radio licensees will need to place the report in the radio station paper public file, post it to the website, and upload it to the FCC television file website. You must retain in your internal, non-public, files documentation supporting your recruitment and outreach activities until after grant of the renewal application for the term during which the vacancy was filled or the initiative occurred. That documentation may be needed if you are audited or if the FCC has questions at renewal time about your EEO performance. The Commission announced a decade ago that it was about to reinstate the requirement to file Annual Employment Reports with station workforce profiles. However, reporting has been deferred all these years while the Commission considers whether the reports should be made available publicly or only used by the agency to compile aggregate statistics for the broadcast industry. Local Public Notice Certification. As part of the renewal application process, licensees must place a statement in the local or online public file certifying that they have met pre- and post-filing announcement requirements. This statement must be uploaded to the online public file within seven days of the last broadcast of local notice and must be retained until the renewal application is granted and the grant becomes final. Donor Lists. You are required to retain in the public file lists of donors supporting specific programs. The FCC has never specified a format or other details regarding this list. The requirement has given rise to widely varying interpretations in the public broadcasting community. This section states our firm s view, but other firms have other interpretations and we suggest that you consider this section as background and consult with your counsel with respect to your procedures. According to a 2003 Media Bureau decision involving a public radio station, the rule contemplates that the donor list be updated once a program is broadcast. The Bureau stated [n]oncommercial licensees should revise their stations donor lists on an ongoing basis, as they add new donors to their roster of program supporters. It stated further that [i]n the noncommercial service, the practice of regular donor list revision is particularly important because, in some cases, it is the only way by which the licensee s compliance with the Commission s sponsorship-identification rule, 47 C.F.R , may be ascertained. It urged the licensee at issue to amend its practice of quarterly revisions to revise the station s public file donor list when new program sponsors are added. It is clear that those who underwrite the production of specific programs must be included in the donor list. Our interpretation is that the donor list requirement applies only to production support and support that makes possible local broadcast of a nonlocal program. The list should not include general station supporters or local underwriters who

7 SWMEMO Page 7 want their acknowledgement aired adjacent to a program that you would be broadcasting with or without their support. The rule on its face requires donor lists for all programs, local, national, or otherwise. The FCC has been inconsistent in the few cases where it has offered guidance on donor list compliance. There is one decision in which the FCC indicated without explanation that the requirement applies only to local programs, but we do not feel comfortable in relying on that isolated decision. In another ruling, the FCC indicated, with neither explanation nor logic, that the requirement applies only when a program has a single funder. Our core advice is to post a list with at least local production underwriters and to update it immediately when you get a new underwriter. We recommend that you also post reports for all program streams and sources in compliance with the specific language of the rule. PBS, APT, and NETA all make information available on the production donors for their programs. The national program donor lists are voluminous because some programs have many donors who are not identified on air, which is the very reason the requirement was originally adopted. The lists may also include programs that you did not air. However there should be no problem in posting voluminous lists to the online public file, and those interested in funders can word search the lists for the program of interest. Licensees may elect to maintain separate lists of local and nonlocal donors. Listings must be maintained for two years after the broadcast of the program that was supported by the donation. Licensees may elect to maintain separate lists of local and nonlocal donors. Listings must be maintained for two years after the broadcast of the program that the donation supported. Must-Carry Correspondence. The Cable Act of 1992 affords noncommercial television stations must-carry status on local cable systems. Mandatory cable carriage requests and related correspondence must be retained as long as your request for carriage remains in effect. During the DTV transition, PBS and APTS negotiated agreements with associations representing most cable systems in the country. Carriage of stations is now frequently governed by those agreements. Those confidential documents should not be placed in the local public file. The public file rules do not refer to carriage on the DISH or DirecTV satellite systems, and correspondence relating to carriage on those systems need not be placed in the public file. FCC Investigations and Complaints. Records relating to an investigation by the FCC concerning a matter of which the licensee has been notified must be retained until the FCC provides written notice that they may be discarded. In reality, this is a perpetual requirement as the FCC has never been known to provide such notice. Obsolete and Non-Public File Materials. During the DTV transition, the FCC required notifications to health care facilities and the filing of reports on public education efforts and the status of the DTV transition by each station (Forms 387 and 388). At this point you may delete all of those notifications and reports from your public file. There is no requirement to maintain Form 317, the annual report of DTV supplementary and ancillary services, in the public file. However, the FCC automatically posts them to the online file, so you may want to remove them from public view.

8 SWMEMO Page 8 OTHER, NON-PUBLIC FILE, FCC RECORD RETENTION REQUIREMENTS Station Logs, Disasters, Investigations, and Complaints. Each station must maintain a station log that contains tower lighting and EAS activation information. The EAS log may be kept in a separate folder. These logs are often maintained by automatic systems. Station logs and other records must be retained for two years. Logs may be retained on any datastorage system provided that reading devices are available to permit FCC inspection and that logs stored on data-storage systems may be reproduced within two work days to full-sized copies. Program Information - Children, Violence, Programming Comments, Closed Captions. All television stations have the general responsibility to provide programming to fulfill the educational needs of children. Public stations need maintain only general records of such programming for use if it is necessary to respond to a challenge at renewal time that the children s programming obligations have not been met. Public television licensees, unlike commercial licensees, need not maintain copies of letters from the public concerning programming or report at renewal time on letters complaining about violent programming. Rules governing the amount of closedcaptioned programming broadcast on television stations became effective in In brief, all new programming and most pre-rule programming must be captioned unless it falls within a specific exemption. Licensees must maintain adequate records to document the necessary levels of captioned programming in the event it is necessary to defend against any complaint. These materials should not be kept in the public file. Every television licensee must post on its website and register on an FCC database information on how to complain about closedcaptioning. For receiving and responding immediately to concerns (e.g., disappearing or garbled captions), that information includes a telephone number, fax number, and address. For responding to written complaints, you must also provide the current name, title, and address of the appropriate contact person. The FCC Rule Book. The station should maintain a copy of the Commission's rules (at least Part 1 Practice and Procedures and Part 73 Broadcast Services) accessible to station personnel. Or in the alternative you should make sure that pertinent members of the staff know how to access the rules over the Internet. You can access the rules through this link: Other Contracts. Some types of contracts or understandings need not be placed in the public file or even listed there, but must be kept at the station and made available to the Commission upon request. These include: subchannel, VBI, and unused TV line leasing agreements and contracts with chief operators. Operator Designation. The Commission s rules require that the licensee designate a Chief Operator and that a written designation be posted with the station license. There are no longer any Operators Licenses to post. EEO Program Records. As noted above, you must maintain detailed records supporting your annual EEO public file reports during the current license term. Emergency Alert System. A copy of the Emergency Alert System Operating Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions.

9 SWMEMO Page 9 Rebroadcast Consent. A station that rebroadcasts any part of the programming of another station must keep on file a copy of the written consent of the originating licensee. Tower Registration Number Display. The FCC rules require the owner of a tower registered in the FCC s Antenna Structure Registration database to display the Antenna Structure Registration Number conspicuously so that it is readily visible near the base of the antenna structure. The sign must be weatherresistant and large enough to be easily seen. CPB OPEN RECORDS AND WEBSITE REQUIREMENTS For many years, CPB has required pursuant to statute that all licensees make their annual financial reports, CPB audits, and other financial information submitted to CPB available to the public on request. It recommends, but does not require, that licensees include that information in the local public file maintained under FCC rules. While CPB has requirements concerning EEO, diversity, and program documentation, this memo focuses on public file and web-posting requirements; information on the substance of CPB s other CSG requirements is available at Each television CSG recipient is required to post on the station s website an annual report covering the organization s hiring goals, guidelines, employment statistics, and actions undertaken to satisfy CPB s Diversity Eligibility policy. We understand that a station must be in compliance with this requirement by the end of its fiscal year. For example, if your fiscal year ends on September 30, 2014, a report on October 1, 2014 could meet the requirement. Your FCC annual EEO Public File Report might constitute a part of the report required by CPB. However, many of the items required by CPB are not part of the FCC report. Every television CSG recipient must also issue an annual community report on its content and services that serve local needs. That report is to provide a narrative overview of the grantee s most impactful local content and services, including: Description of activities Reach of activities Measurable impact Community feedback on activity Partnerships CPB has posted instructions for the report and a template to guide preparation on its website at If you prepare an annual report for the community that includes the required information that report may satisfy the CPB requirement as well. If you prepare an annual report to the community that does not include the information, you may want to include the information in the future so that the community report can do double duty. A report satisfying the CPB requirements must be posted on the station website and also uploaded to CPB s ISIS website at or e- mailed to localreport@cpb.org by February 15 of each year. Television CSG recipients are also now required to post the following items on their websites: List of members of the Board of Directors List of Community Advisory Board members for stations that maintain a CAB by requirement (nongovernmental licensees) or by choice (governmental licensees) Date, time, and place of all open meetings as determined by the Communications Act

10 SWMEMO Page 10 Audited financial statements Information on how to obtain copies of annual financial reports IRS Form 990 when the grantee files that form; any grantee that does not file its own IRS Form 990 is required to post the compensation information that is required by that form (regardless of the licensee s open records policy) As to that last item, Section 501(c)(3) public broadcasting licensees are subject to IRS public disclosure requirements for Form 990 discussed in the next section. Note that the form includes a listing of the compensation of key and highly compensated employees. Under the CPB requirement, if you file Form 990 you must post it online and if you do not file that form you must post the compensation information that is required by that form. For those of you who do not normally deal with Form 990, key employee compensation is disclosed in Section VII, and the instructions for the entire form are posted at THE IRS INFORMATIONAL TAX RETURNS Section 501(c)(3) nonprofit public broadcasting licensees are subject to IRS public disclosure requirements. These requirements do not apply to governmental entities unless they have obtained 501(c)(3) determinations from the IRS, but they do apply to all governmental entities 501(c)(3) support organizations. Section 501(c)(3) organizations must make Forms 990 available for the prior three years. For an entity that was recognized as being exempt before July 15, 1987 and had a copy of its Form 1023 in its possession on that date, a copy of the form and all related correspondence with the IRS must be produced on demand as well. You need not release the identity of any contributors or the amounts of any particular person s donations. Nor are you required to make available Form 990-T, the return for unrelated business income. Disclosure must be made to anyone visiting the principal station business office or any other licensee office with three or more management personnel, employees, and volunteers. The licensee must also make copies of Forms 990 and 1023, if applicable, available to anyone requesting them by mail. If the request is made in person, the copy must be provided that same day. If the request is made in writing and the licensee requires advance payment, you will have 30 days following receipt of payment to provide the copies. The person making the request can limit it to a particular portion of the given form or forms, and the licensee must comply with that request. You may charge no more than a reasonable fee for copying and mailing out the copies. The IRS says that its own copying charge of 20 per page is reasonable, plus actual postage costs. You must accept payment in cash or money order for copy requests made in person. The organization must fulfill requests received in writing within 30 days. You may require payment in advance of shipping copies. However in that case you must respond to a request within seven days of receipt, tell the requestor that payment is required in advance, and then fulfill the request within 30 days after receiving payment. When the request is made by mail, you must accept payment by (1) certified check, (2) money order, or (3) either (a) personal check or (b) credit card. If you do not require prepayment and the requester does not enclose payment with its request, and if total charges to the requester will exceed $20, you must inform the requester of that fact and obtain approval before sending copies. Copies need not be made available if you make all of the required information available on the Internet, either on your own website or on the database of exempt organization documents

11 SWMEMO Page 11 maintained by an organization such as Guidestar, There is a $20 per day penalty for failure to make a return available to a requester, and that penalty is capped at a whopping $10,000 per return. There is also a $20 per day penalty for failure to make Form 1023, if applicable, available, and there is no limit on this penalty. Finally, if the IRS can establish that a failure was willful, an additional penalty could be added. The law does not require an organization to comply with requests that the IRS Key District Director determines (1) are part of a harassment campaign (a coordinated effort to occupy the organization by responding to multiple requests), and (2) compliance with which would not be in the public interest. There is a specific procedure for petitioning the IRS to make such a determination.

12 SWMEMO Page 12 FCC PUBLIC FILE CHECKLIST FOR NONCOMMERCIAL TELEVISION BROADCASTERS NOTE: THE FCC AUTOMATICALLY LINKS TO DOCUMENTS THAT YOU FILE ELECTRONICALLY IN CDBS OR THAT ARE PRODUCED BY THE FCC IN THE FCC-HOSTED ONLINE PUBLIC FILE SYSTEM Document Authorization to Construct or Operate Station FCC Applications Routine Construction or sales applications that require a rule waiver Short-term renewal applications Contour Maps Retention Until replaced by new authorization Until final FCC action For the duration of the waiver Until the next renewal application is granted and final Until updated Ownership Report Specified Contracts and Agreements Until replaced by updated ownership report As long as they are in effect Political Broadcast Records For two years Issues/Programs Lists The Public and Broadcasting (July 2008 edition) Until the next renewal application is granted and final Indefinitely Annual Employment Reports (when reinstated) EEO Annual Public File Reports EEO Audit Materials Material Relating to FCC Investigation or Complaint Until next renewal application is granted and final Until next renewal granted and final; latest annual report posted on website Until next renewal granted and final Until notified in writing that material may be discarded

13 SWMEMO Page 13 Authorization to Construct or Operate Station Certification of Local Public Notice On-Air Renewal Announcement Until replaced by new authorization Until associated renewal application is removed from file Cable Carriage Requests and Related Correspondence For period of requested carriage Health Care Facilities Notifications (DTV Only) Donors List Form 387 DTV Transition Status Report Form 388 DTV Quarterly Activity Report No longer required except in some cases in connection with expansion of coverage area For two years from broadcast of program supported No longer required No longer required

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