RecordsIn8pection~P"blic BEFORE THE 71 F.C.C.71-157 FEDERAL COMMUNICATIONS COMMISSION V\TASHINGTON, D.C. 20554 In Re '[ AVAILABILITY OF LOCALLY l\LUNTAINED REC ORDS FOR INSPECTION BY Th1ElVIBERS OF THE J PUBLIC FEBRUARY 23, 1971 THID COJl,IlYIISSION BY CO]'tf]HSSIONERS BURCH (CHAIRMAN) I BARTLEY, ROBERT E. LEE, .JOHNSON, H. REX LEE, vVELLS, AND HOUSER, ISSUED 'rHE FOLLO"VVING PUBLIO NOTICE: AVAILABILrry OF LOCALLY J\fAIN'l'AINED RECORDS FOR I::-:lBPECTION BY :MEMBERS OF THE PUBLIC The Comulissiol1 has received c01nplaints from n1embers of the pub lic concerning the availability for public inspection of the records which Section 1.526 of the Rules requires licensees, permittees 'md applicants to maintain in their comnlunitie3. The cOlllpla-ints indicate that some licensee.s ma,y not fully understand the seope of the Con1 mission's public inspection requirements. 80111e licensees have stated as justification for not n1aking records available upon request that they were too busy or that there was no one on duty at the station who could make the records available. One complainant stated that when he asked to see the public records file the licensee stat-Bd that ", .. he had no time t'tnd I should 111ake an appointment with his secretary," Section 1.526 (d) of the Commission's Rules provides as follows: The file shall be maintained at the main studio of the station, or at any other accessible place (osuch as a public registry for documents or an ntta,rney's office) in the community to \vhieh the station is or is proposed to be licensed, ana shall lJC ava.IJable for pUblic 'insvectio'n at an1! Hrne during 1'egnlM business hOU1'S. [Emphasis supplied.] The rule does not require 111embe.rs of the public to Inake an appoint ment. to revie-.,v a. hcensee's public records, nor does it require that 111em bel'S of the public e.xmnine such l'eeords only at tirn.es most convenient t.o the licensee or his staff. The Commission reminds alllicensees~,pennittees and applicants that the recol>ds specified ]n Section 1.526 Inust be made available. for Dubhe inspection during the regular business hours of the station and [my require1nent that a 111ember of the public make an appointment in advance or return at another tilne is a violation of Section 1.526 (d) of the Commission's R.ules. The Commission notes with interest a Inen10ranchun sent to the NAB Membership by the NAB Legal Department which suggests that sta tions set aside an area with a t[l,ble at which the public may inspect the 28 F.o.C. 2d 72 Federal Oommunications Oommission Repol'ts Tecorcls specified in Section 1.526. The Commission conside.rs this sug gestion to be in keeping with the spirit of the COlnmission's publlc inspection requirements. Action by the Commission February 17,1971. Conmlissioners Burch (Chtlirman), Bartley, Robert E. Lee, Johnson, H. Rex Lee, l'Vells, and Houser. 28 F.e.e. 2d