[BC] Public File now must include Articles of Inc. and Bylaws

[Alan Alsobrook]

It's an interesting NAL, the full FCC text is here..
http://www.fcc.gov/eb/Orders/2010/DA-10-586A1.html
As you'll see it's citing 73.3526(e)5 Which sates,

     (5) Ownership reports and related materials. A copy of the most
recent, complete ownership report filed with the FCC for the station,
together with any statements filed with the FCC certifying that the
current report is accurate, and together with all related material.
These materials shall be retained until a new, complete ownership report
is filed with the FCC, at which time a copy of the new report and any
related materials shall be placed in the file. The permittee or licensee
must retain in the public file either a copy of the contracts listed in
such reports in accordance with Sec. 73.3615(a)(4)(i), or an up-to-date
list of such contracts. Licensees or permittees who choose to retain a
list of contracts must provide a copy of any contracts to requesting
parties within 7 days.

In the Citation the FCC justifies it as..

     5. Under Section 73.3526, licensees must maintain a public 
inspection file and allow public access to it during regular business 
hours. In addition, the public inspection file must contain, inter alia, 
       ownership reports and related materials, such as articles of 
incorporation and by-laws. In lieu of keeping these documents in the 
    public inspection file, licensees may instead keep an up-to-date 
list       of such contracts in the file. Furthermore, as provided in 
the rule,       "[r]equests for copies shall be fulfilled within a 
reasonable period        of time, which generally should not exceed 7 days."

So they are stating the by-laws are related materials. This Station is 
licensed as commercial so 73.3526 is the correct rule section. Also it 
should be noted that this was a complaint driven investigation, 
specifically targeting the By-laws and Articals of incorporation.

wpio fm 89.3 wrote:
> This comes as a surprise since:
> 1. You don't have to provide articles of incorporation and by-laws on 
> your 340 or 301 applications
> 2. The public file checklist that the FCC quasi embraces, doesn't call 
> for this item.

-- 
Alan Alsobrook CSRE AMD CBNT
St. Augustine Fl. 32086 904-829-8885
aalso at Bellsouth.net