Call letters of station to be Inspected.
The undersigned General/Station Manager or officer of the broadcast station(s) listed above, hereinafter referred to as the Station, requests and authorizes the inspection of the listed facility under the Oklahoma Association of Broadcasters, hereinafter referred to as OAB, Alternative Broadcast Inspection Program (ABIP). It is understood the inspection will be conducted by an individual contracted by the OAB and approved by the Federal Communications Commission Dallas Field Office.
Fees and Expenses
The Station understands that:
- The inspection fees must accompany this agreement and will be held in escrow by the OAB until the requested inspection is completed.
- The Station is also responsible for the Inspector's travel expenses: $100 per day for meals and hotel accommodations, and mileage at the current IRS-allowable rate. Said expenses will be billed by OAB upon completion of the inspection, and must be paid prior to the issuance of a Certificate of Compliance.
- It is understood that whenever possible, the Inspector will schedule multiple inspections in the same area on the same days or consecutive days, therefore allowing the stations inspected to share the travel expenses.
- In the event a re-inspection is required for compliance, a $100 re-inspection fee will be assessed and travel expenses also charged as outlined in #2 above.
Scheduling
It is understood that, upon receipt of this Agreement and the payment of the required fees, the OAB will advise the FCC Dallas Field Office and OAB’s contract Inspector of the Station's request for an inspection. Within 30 days of receipt of this agreement, the Inspector will contact the General/Station Manager of the Station(s) listed in this agreement to establish a date for the inspection.
FCC Notification & 150-Day Grace Period
Under the terms of this agreement, upon receipt of the station request, the FCC Dallas field office will be notified of the request and a 150-day “grace period” will commence on the date the request is accepted and approved by the OAB office. During the grace period the station will be immune from random FCC inspections. It is further understood that within this 150-day period the station must be inspected, correct any existing or potential nonconformance with FCC regulations , be re-inspected if necessary and receive a Certificate of Compliance. If a Certificate is not issued within the 150-day grace period, the FCC benefits expire, fees paid are forfeited, and the station is at risk of a full, random FCC inspection.
Inspection Process
The inspection will be conducted by the Inspector in the same manner and using the same procedures as a standard FCC Enforcement Bureau full station inspection. Such inspection shall not include an inspection of a station’s conformance with any regulations relating either to equal employment opportunity or to political broadcasting, except to determine whether a station maintains annual EEO Public File Reports (if required) and a political file that are available to the public for inspection. It is required under this agreement that the Chief Engineer of an AM directional station must be present during the inspection of that facility. It is recommended that the Chief Engineer or Station Manager be present during the inspection of all other stations.
Any test equipment needed (field intensity meter and frequency counter) for the inspection must be furnished by the station.
Upon completion of the inspection the Inspector shall notify the station promptly in writing of its full compliance or any violations that exist. If in full compliance, the OAB office will be notified and a Certificate of Compliance will be issued. A copy of this certificate will be sent to the FCC Dallas Field Office.
Should a station not be in full compliance, they will have until the expiration date of the 150-day grace period to correct the violations, be re-inspected if necessary and have a certificate issued. The inspector will advise whether an on-site re-inspection will be required to verify the corrections.
When all violations have been corrected within the 150-day grace period, a Certificate of Compliance will be issued.
It is understood that should violations not be corrected within the 150-day grace period the fees paid are non-refundable and no certification will be issued, thus the station will be subject to FCC random inspections.
Certificate of Compliance
The original Certificate of Compliance is issued by the OAB office at the direction of the OAB ABIP Inspector. Copies of the certificate are forwarded to the FCC Dallas office and maintained in the OAB office.
The station’s original Certificate of Compliance must be displayed either in plain view (e.g., on the wall in the entrance area of the main studio of the station) or in the station’s FCC authorizations binder at its main studio. They must verbally inform any person entering the main studio and identifying themselves as an FCC Inspector seeking to conduct an FCC inspection that the station holds a valid Certificate of Compliance.
Immunity
An agreement has been executed by and between the OAB and the Federal Communications Commission Office authorizing the conduct of the OAB Alternative Broadcast Inspection Program. A copy of said agreement is on file in the office of the OAB.
Under the terms of this Agreement, the FCC has agreed to:
- Not conduct an inspection of a station during the 150-day grace period upon receipt of a copy of the station’s official request to the OAB for an ABIP inspection.
- Exempt any station with a Certificate of Compliance from an FCC random inspection for a period of three (3) years from the date of issuance of a Certificate of Compliance.
Immunity Exceptions
Even though a station may have a Certificate of Compliance, the FCC may conduct an inspection of the station if such inspection (i) relates to tower safety issues (Targeted Tower Safety Inspection), (ii) was initiated by a complaint against the station (Complaint Driven Inspection), or (iii) is an inspection relating to political broadcasting or EEO materials required in the station’s public file.
Any violations discovered during a Targeted Tower Safety inspection other than those dealing with the tower, political broadcasting or EEO, will be referred to the station for prompt remedy of the noncompliance.
In the case of a Complaint Driven Inspection, the FCC may, within its sole discretion, take enforcement action for any noncompliance discovered in the process of conducting their inspection.