How to deal with a noncommercial radio station’s public inspection file when the station is licensed to a college and has a main studio in a restricted-access student residence hall is a question that I have received repeatedly when I have conducted sessions on FCC rules at noncommercial broadcasters’ conventions and meetings. In a consent decree reached with a college and announced by the FCC on Friday, the FCC’s Media Bureau has suggested how this issue should be dealt with – by asking for a waiver of the Commission’s rules to allow the file to be maintained at another campus building which has access for the public during normal business hours.
In that case, the Bucknell University station had its main studio in a residence hall not open to the public, and it kept its public file at the student center, another campus building to which the public had access. While the station posted a sign at the entrance to the residence hall where the main studio was housed that the public file was at the student center, and instructed campus security that this was where anyone who asked for the file should be directed, the college had not asked the FCC for a waiver of Section 73.3527(b)(1), which requires that the public file of a noncommercial station be kept at the main studio of the station. In the Consent Decree, the FCC agreed to waive the FCC rules to allow the public file to remain at the student center location, balancing the needs of the public for access to the file with the security needs of the college. Nevertheless, the licensee made a $2200 “contribution” to the US treasury for not having previously asked for a waiver of the rules to locate the files at a location other than its main studio, and for also failing to include in its files Quarterly Issues Programs lists for several years during the license renewal term in which these issues arose. Continue Reading