FCC clarifies rules of the pending road for Form 323


The Form 323 ownership reports due at the Commission 7/8/10 are to be filled out with information accurate to 11/1/09 – a date in keeping with the protracted nature of actually getting Form 323 functional. Now, even thought Form 323 is still being batted around in the courts (see related story), the FCC has established a procedure for stations that have changed hands, or applied to, since 11/1/09.

The FCC says it agrees that obtaining accurate information about ownership from previous licensees may be difficult to do in a timely manner. It has decided that any licensee or prospective licensee may apply for a waiver to file at a later time.

This includes licensees of stations that have been transferred or assigned since 11/1/09, as well as stations with approved transaction applications that have not closed.

From the FCC, here’s the scoop on how to apply:

“Written requests for waiver should include the station(s) call sign(s) and facility ID number(s) and the file number(s) of the granted assignment/transfer application(s), and should state that the assignee/transferee will be the licensee of record as of July 8 and will be unable to file the Form 323 because it either does not have and cannot obtain the required information from the prior owner or cannot certify to the accuracy of the information because it lacks the necessary information to support such a certification.  A courtesy copy of any waiver request should be served on Kristi Thompson, Media Bureau, Industry Analysis Division, Room 2-C124.  Courtesy copies may be submitted via email to [email protected].”

It’s a different story for new applications. If a station transfer is applied for between 6/23/10 and 7/8/10, the selling party will have to make sure that Form 323 is properly filled out as a condition of getting the transaction approved.