Sec. 73.3613  Filing of contracts.

    Each licensee or permittee of a commercial or noncommercial AM, FM, 
TV or International broadcast station shall file with the FCC copies of 
the following contracts, instruments, and documents together with 
amendments, supplements, and cancellations (with the substance of oral 
contracts reported in writing), within 30 days of execution thereof:
    (a) Network service: Network affiliation contracts between stations 
and networks will be reduced to writing and filed as follows:
    (1) All network affiliation contracts, agreements, or understandings 
between

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a TV broadcast or low power TV station and a national network. For the 
purposes of this paragraph the term network means any person, entity, or 
corporation which offers an interconnected program service on a regular 
basis for 15 or more hours per week to at least 25 affiliated television 
licensees in 10 or more states; and/or any person, entity, or 
corporation controlling, controlled by, or under common control with 
such person, entity, or corporation.
    (2) Each such filing on or after May 1, 1969, initially shall 
consist of a written instrument containing all of the terms and 
conditions of such contract, agreement or understanding without 
reference to any other paper or document by incorporation or otherwise. 
Subsequent filings may simply set forth renewal, amendment or change, as 
the case may be, of a particular contract previously filed in accordance 
herewith.
    (3) The FCC shall also be notified of the cancellation or 
termination of network affiliations, contracts for which are required to 
be filed by this section.
    (b) Ownership or control: Contracts, instruments or documents 
relating to the present or future ownership or control of the licensee 
or permittee or of the licensee's or permittee's stock, rights or 
interests therein, or relating to changes in such ownership or control 
shall include but are not limited to the following:
    (1) Articles of partnership, association, and incorporation, and 
changes in such instruments;
    (2) Bylaws, and any instruments effecting changes in such bylaws;
    (3) Any agreement, document or instrument providing for the 
assignment of a license or permit, or affecting, directly or indirectly, 
the ownership or voting rights of the licensee's or permittee's stock 
(common or preferred, voting or nonvoting), such as:
    (i) Agreements for transfer of stock;
    (ii) Instruments for the issuance of new stock; or
    (iii) Agreements for the acquisition of licensee's or permittee's 
stock by the issuing licensee or permittee corporation. Pledges, trust 
agreements, options to purchase stock and other executory agreements are 
required to be filed. However, trust agreements or abstracts thereof are 
not required to be filed, unless requested specifically by the FCC. 
Should the FCC request an abstract of the trust agreement in lieu of the 
trust agreement, the licensee or permittee will submit the following 
information concerning the trust:
    (A) Name of trust;
    (B) Duration of trust;
    (C) Number of shares of stock owned;
    (D) Name of beneficial owner of stock;
    (E) Name of record owner of stock;
    (F) Name of the party or parties who have the power to vote or 
control the vote of the shares; and
    (G) Any conditions on the powers of voting the stock or any unusual 
characteristics of the trust.
    (4) Proxies with respect to the licensee's or permittee's stock 
running for a period in excess of 1 year, and all proxies, whether or 
not running for a period of 1 year, given without full and detailed 
instructions binding the nominee to act in a specified manner. With 
respect to proxies given without full and detailed instructions, a 
statement showing the number of such proxies, by whom given and 
received, and the percentage of outstanding stock represented by each 
proxy shall be submitted by the licensee or permittee within 30 days 
after the stockholders' meeting in which the stock covered by such 
proxies has been voted. However, when the licensee or permittee is a 
corporation having more than 50 stockholders, such complete information 
need be filed only with respect to proxies given by stockholders who are 
officers or directors, or who have 1% or more of the corporation's 
voting stock. When the licensee or permittee is a corporation having 
more than 50 stockholders and the stockholders giving the proxies are 
not officers or directors or do not hold 1% or more of the corporation's 
stock, the only information required to be filed is the name of any 
person voting 1% or more of the stock by proxy, the number of shares 
voted by proxy by such person, and the total number of shares voted at 
the particular stockholders' meeting in which the shares were voted by 
proxy.

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    (5) Mortgage or loan agreements containing provisions restricting 
the licensee's or permittee's freedom of operation, such as those 
affecting voting rights, specifying or limiting the amount of dividends 
payable, the purchase of new equipment, or the maintenance of current 
assets.
    (6) Any agreement reflecting a change in the officers, directors or 
stockholders of a corporation, other than the licensee or permittee, 
having an interest, direct or indirect, in the licensee or permittee as 
specified by Sec. 73.3615.
    (c) Personnel: (1) Management consultant agreements with independent 
contractors; contracts relating to the utilization in a management 
capacity of any person other than an officer, director, or regular 
employee of the licensee or permittee; station management contracts with 
any persons, whether or not officers, directors, or regular employees, 
which provide for both a percentage of profits and a sharing in losses; 
or any similar agreements.
    (2) The following contracts, agreements, or understandings need not 
be filed: Agreements with persons regularly employed as general or 
station managers or salesmen; contracts with program managers or program 
personnel; contracts with attorneys, accountants or consulting radio 
engineers; contracts with performers; contracts with station 
representatives; contracts with labor unions; or any similar agreements.
    (d) Time brokerage agreements: Time brokerage agreements involving 
radio stations, where the licensee (including all parties under common 
control) is the brokering entity, there is a principal community contour 
(predicted or measured 5 mV/m groundwave for AM stations and predicted 
3.16 mV/m for FM stations) overlap with the brokered station, and more 
than 15 percent of the time of the brokered station, on a weekly basis, 
is brokered by that licensee. Confidential or proprietary information 
may be redacted where appropriate but such information shall be made 
available for inspection upon request by the FCC.
    (e) The following contracts, agreements or understandings need not 
be filed but shall be kept at the station and made available for 
inspection upon request by the FCC: contracts relating to the sale of 
television broadcast time to ``time brokers'' for resale; subchannel 
leasing agreements for Subsidiary Communications Authorization 
operation; franchise/leasing agreements for operation of 
telecommunications services on the TV vertical blanking interval and in 
the visual signal; time sales contracts with the same sponsor for 4 or 
more hours per day, except where the length of the events (such as 
athletic contests, musical programs and special events) broadcast 
pursuant to the contract is not under control of the station; and 
contracts with chief operators.

[ 44 FR 38512 , July 2, 1979, as amended at  47 FR 21496 , May 18, 1982;  50 FR 4664 , Feb. 1, 1985;  50 FR 30951 , July 31, 1985;  51 FR 9966 , Mar. 24, 
1986;  51 FR 15785 , Apr. 28, 1986;  57 FR 18093 , Apr. 29, 1992;  57 FR 42706 , Sept. 16, 1992;  61 FR 36305 , July 10, 1996]