and logged as a news program, the report may be classified as local.)

(b) A network program (NET) is any program furnished to the station by a network (national, regional or special). Delayed broadcasts of programs originated by networks are classified as network.

(c) A recorded program (REC) is any program not otherwise defined in this Note including, without limitation, those using recordings, transcriptions or tapes.

NOTE 3. Definition of commercial matter (CM) includes commercial continuity (network and nonnetwork) and commercial announcements (network and nonnetwork) as follows: (Distinction between continuity and announcements is made only for deflnition purposes. There is no need to distinguish between the two types of commercial matters when logging.)

(a) Commercial continuity (CC) is the advertising message of a program sponsor.

(b) A commercial announcement (CA) is any other advertising message for which a charge is made, or other consideration is received.

(1) Included are (1) "bonus spots"; (11) trade-out spots, and (iii) promotional announcements of a future program where consideration is received for such an announcement or where such announcement identifies the sponsor of a future program beyond mention of the sponsors' name as an integral part of the title of the program. (E.g., where the agreement for the sale of time provides that the sponsor will receive promotional announcements, or when the promotional announcement contains a statement such as "Listen tomorrow for the [name of program-brought to you by-[sponsor's name]-.")

(2) Other announcements including but not limited to the following are not commercial announcements:

(1) Promotional announcements, except as heretofore defined in paragraph (b). (ii) Station identification announcements for which no charge is made.

(iii) Mechanical reproduction announcements.

(iv) Public service announcements.

(v) Announcements made pursuant to 73.119 (d) that materials or services have been furnished as an inducement to broadcast a political program or a program involving the discussion of controversial public issues.

(vi) Announcements made pursuant to the local notice requirements of §§ 1.580 (pregrant) and 1.594 (designation for hearing) of this chapter.

NOTE 4. Definition of a public service announcement. A public service announcement is an announcement for which no charge is made and which promotes programs, activities, or services of Federal, State, or local governments (e.g. recruiting, sales of bonds, etc.) or the programs, activities or services of nonprofit organizations (e.g., UGF, Red Cross Blood Donations, etc.), and

other announcements regarded as serving community interests, excluding time signals, routine weather announcements, and promotional announcements.

NOTE 5. Computation of commercial time. Duration of commercial matter shall be as close an approximation to the time consumed as possible. The amount of commercial time scheduled will usually be sufficient. It is not necessary, for example, to correct an entry of a 1-minute commercial to accommodate varying reading speeds even though the actual time consumed might be a few seconds more or less than the scheduled time. However, it is incumbent upon the licensee to ensure that the entry represents as close an approximation of the time actually consumed as possible.

[30 F.R. 10198, Aug. 17, 1965, as amended at 31 F.R. 750, Jan. 30, 1966; 33 F.R. 4740, Mar. 20, 1968; 33 F.R. 15419, Oct. 17, 1968]

§ 73.113 Operating log.

(a) The entries specified in subparagraphs (1), (2), (3), (5), and (6) of this paragraph, shall be made in the operating log by the properly licensed operator on duty in actual charge of the transmitting system. The entries required by subparagraph (4) of this paragraph shall be made only by a first-class radiotelephone operator.

(1) An entry of the time the station begins to supply power to the antenna and the time it stops.

(2) An entry of each interruption of the carrier wave, where restoration is not automatic, its cause and duration, followed by the signature of the person restoring operation (if licensed operator other than the licensed operator on duty).

(3) An entry, at the beginning of operation and at intervals not exceeding onehalf hour, of the following (actual readings observed prior to making any adjustments to the equipment) and, when appropriate, an indication of corrections made to restore parameters to normal operating values:

(i) Operating constants of last radio stage (total plate voltage and plate current).

(ii) Antenna current or common point current (if directional) without modulation, or with modulation if the meter reading is not affected by modulation.

(iii) Frequency monitor reading.

(4) An entry each day of the following where applicable:

(i) Antenna base current(s) without modulation, or with modulation if the meter reading is not affected by modulation, for each mode of operation:

(a) Where remote antenna meters or a remote common point meter are normally employed but are defective.

(b) Where required by the station license for directional antenna operation.

(ii) Where there is remote control operation of a directional antenna station, readings for each pattern taken at the transmitter (within 2 hours of commencement of operation with each pattern) of:

(a) Common point current without modulation, or with modulation if the meter reading is not affected by modulation.

(b) Base current(s) without modulation, or with modulation, if the meter reading is not affected by modulation.

(c) Phase monitor sample loop current(s) without modulation or with modulation if the meter reading is not affected by modulation.

(d) Phase indications.

(5) Any other entries required by the instrument of authorization or the provisions of this part. See particularly, the additional entries required by § 73.51(c) (2) when power is being determined by the indirect method.

(6) The entries required by § 17.49 (a), (b), and (c) of this chapter concerning daily observations of tower lights.

(b) Automatic devices accurately calibrated and with appropriate time, date and circuit functions may be utilized to record the entries in the operating log: Provided, That:

(1) They do not affect the operation of circuits or accuracy of indicating instruments of the equipment being recorded;

(2) The recording devices have an accuracy equivalent to the accuracy of the indicating instruments;

(3) The calibration is checked against the original indicators at least once a week and the results noted in the maintenance log;

(4) Provision is made to actuate automatically an aural alarm circuit located near the operator on duty if any of the automatic log readings are not within the tolerances or other requirements specified in the rules or instrument of authorization;

(5) Unless the alarm circuit operates continuously, devices which record each parameter in sequence must read each parameter at least once during each 10minute period and clearly indicate the parameter being recorded;

(6) The automatic logging equipment is located at the remote control point if the transmitter is remotely controlled, or at the transmitter location if the transmitter is directly controlled;

(7) The automatic logging equipment is located in the near vicinity of the operator on duty and is inspected by him periodically during the broadcast day; and

(8) The indicating equipment conforms with the requirements of § 73.39 except that the scale need not exceed 2 inches in length. Arbitrary scales may not be used.

(c) In preparing the operating log, original data may be recorded in rough form and later transcribed into the log, but in such a case all portions of the original memoranda shall be preserved as a part of the complete log.

(d) Operating logs shall be changed or corrected only in the manner prescribed in § 73.111 (c) and only in accordance with the following:

If

(1) Manually kept log. Any necessary corrections in a manually kept operating log shall be made only by the person making the original entry who shall make and initial each correction prior to signing the log when going off duty in accordance with § 73.111(a). corrections or additions are made on the log after it has been so signed, explanation must be made on the log or on an attachment to it, dated and signed by either the operator who kept the log, the station technical supervisor or an officer of the licensee.

(2) Automatic logging. No automatically kept operating log shall be altered in any way after entries have been recorded. Any errors or omissions found in an automatically kept operating log shall be noted and explained in a memorandum signed by the operator on duty (who, under the provisions of paragraph (b) (7) of this section, is required to inspect the automatic equipment), or by the station technical supervisor or an officer of the licensee. Such memorandum shall be affixed to the original log in question.

(e) If required by § 73.93(h) (2) (iv), each completed operating log shall bear a signed and dated notation by the station's chief operator of the results of the review of that log.

[28 F.R. 13574, Dec. 14, 1963, as amended at 31 F.R. 750, Jan. 20, 1966; 33 F.R. 15419, Oct. 17, 1968; 33 F.R. 19821, Dec. 27, 1968: 34 F.R. 18305, Nov. 15, 1969; 37 F.R. 11546, June 8, 1972]

§ 73.114 Maintenance log.

(a) The following entries shall be made in the maintenance log:

(1) An entry, each week, of the following where applicable:

(i) A notation indicating the readings of the tower base current ammeter(s) and the associated remote antenna ammeter (s) (actual readings observed prior to remote antenna ammeter recalibration) and indicating calibration of the remote ammeter(s) against the tower base ammeter(s).

(ii) Time and result of test of auxiliary transmitter.

(iii) A notation of all frequency checks and measurements made independently of the frequency monitor and of the correlation of these measurements with frequency monitor indications.

(iv) A notation of the calibration check of automatic recording devices as required by § 73.113 (b) (3).

(2) An entry of the data and time of removal from and restoration to service of any of the following equipment in the event it becomes defective:

(i) Modulation monitor.
(ii) Frequency monitor.

(iii) Final stage plate voltmeter.
(iv) Final stage plate ammeter.
(v) Base current ammeter(s).
(vi) Common point ammeter.

(3) The entries required by § 17.49(d) of this chapter concerning quarterly inspections of the condition of tower lights and associated control equipment and an entry when towers are cleaned or repainted as required by § 17.50 of this chapter.

(4) Entries made so as to describe fully any experimental operation pursuant to § 73.10.

(5) Any other entries required by the current instrument of authorization of the station and the provisions of this subpart.

(6) If required by § 73.93 (e) (3), the common point current, antenna base currents, sample loop currents or remote base currents, phase indications, and antenna base and sample loop current or remote antenna base current ratios and the percentage of deviation of these ratios from the authorized values.

(7) If required by the station authorization or § 73.93(e) (5), the results of field strength measurements at the monitoring points specified in the station authorization.

(b) Upon completion of the inspection required by § 73.93 (e), the inspecting operator shall enter a signed statement that the required inspection has been made, noting in detail the tests, adjustments and repairs which were accomplished in order to insure operation in accordance with the provisions of this subpart and the current instrument of authorization of the station. The statement shall also specify the amount of time, exclusive of travel time to and from the transmitter, which was devoted to such inspection duties. If complete repair could not be effected, the statement shall set forth in detail the items of equipment concerned, the manner and degree in which they are defective, and the reason for failure to make satisfactory repairs.

(c) The inspecting operator shall sign and date the maintenance log at the conclusion of each inspection. In preparing the maintenance log, original data may be recorded in rough form and later transcribed into the log, but in such cases all portions of the original memorandum shall be preserved as a part of the complete log.

(d) Any necessary corrections in the maintenance log shall be made by the inspecting operator who shall initial and If corrections or additions are made on date all changes prior to signing the log. the log after it has been so signed, explanation must be made the subject of a separate memorandum, dated and signed by the operator who made the entry in question, or the station's technical supervisor or by an officer of the licensee. Such memorandum shall explain fully the circumstances surrounding the errors or ambiguities, and shall be affixed to the original log in question. If written and signed by other than the inspecting operator who made the entry, the memorandum shall contain a satisfactory explanation of why such signature is lacking.

[31 F.R. 750, Jan. 20, 1966, as amended at 33 F.R. 19821, Dec. 27, 1968; 37 F.R. 11546, June 8, 1972]

shall be retained by the licensee or permittee until he is specifically authorized in writing by the Commission to destroy them: Provided, further, That logs incident to or involved in any claim or complaint of which the licensee or permittee has notice shall be retained by the licensee or permittee until such claim or complaint has been fully satisfied or until the same has been barred by statute limiting the time for the filing of suits upon such claims.

NOTE: Application forms for licenses and other authorizations require that certain operating and program data be supplied. It is suggested that these application forms be kept in mind in connection with maintenance of station program and operating records.

§ 73.116 Availability of logs and records.

The following shall be made available upon request by an authorized representative of the Commission:

(a) Program, operating and maintenance logs.

(b) Equipment performance measurements required by § 73.47.

(c) Copy of most recent antenna resistance or common-point impedance measurements submitted to the Commission.

(d) Copy of most recent field intensity measurements to establish performance of directional antennas required by § 73.151.

§ 73.117 Station identification.

See § 73.1201.

[34 F.R. 19762, Dec. 17, 1969]

§ 73.118

Mechanical reproductions.

(a) No mechanically reproduced program consisting of a speech, news event, news commentator, forum, panel discussion, or special event in which the element of time is of special significance, or any other program in which the element of time is of special significance and presentation of which would create either intentionally or otherwise, the impression or belief on the part of the listening audience that the event or program being broadcast is in fact occurring simultaneously with the broadcast, shall be broadcast without an appropriate announcement being made either at the beginning or end of such reproduction or at the beginning or end of the program in which such reproduction is used that it is a mechanical reproduction or a mechanically reproduced program:

Provided, however, That each such program of one minute or less need not be announced as such.

(b) The exact form of identifying announcement is not prescribed, but the language shall be clear and in terms commonly used and understood. Any other program mechanically reproduced or series of mechanical reproductions, including a mechanical reproduction used for background music, sound effects, station identification, program identification (theme music of short duration) or identification of sponsorship of the program proper, need not be announced as provided in paragraph (a) of this section, but the licensee shall not attempt affirmatively to create the impression that any program being broadcast by mechanical reproduction consists of live talent.

(c) The requirements of paragraph (a) of this section are waived with respect to network programs, transcribed and rebroadcast at a later hour because of the time zone differentials between the place where the program originates and where it is rebroadcast, this waiver being applicable whether the off-theline recording is made by the network itself at one of its key stations or by an individual station, but only when the broadcast. Each station which broadcasts at an hour not exceeding the time zone differential between the place where the program originates and where it is rebroadcast. Each station which broadcasts network programs at a later hour in accordance with this waiver shall make an appropriate announcement at least once each day between the hours of 10 a.m. and 10 p.m., stating that some or all of the network programs which are broadcast by that station are delayed broadcasts by means of transcription. This waiver provision also applies during the annual periods in which advanced time is effective with respect to network programs transcribed and rebroadcast one hour later because of the time differential resulting from the adoption or nonadoption of advanced time in some

paid or promised to, or charged or received by, such station, the station shall broadcast an announcement that such matter is sponsored, paid for, or furnished, either in whole or in part, and by whom or on whose behalf such consideration was supplied: Provided, however, That "service or other valuable consideration" shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast.

(b) The licensee of each standard broadcast station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any program matter for broadcast, information to enable such licensee to make the announcement required by this section.

(c) In any case where a report (concerning the providing or accepting of valuable consideration by any person for inclusion of any matter in a program intended for broadcasting) has been made to a standard broadcast station, as required by section 508 of the Communications Act of 1934, as amended, of circumstances which would have required an announcement under this section had the consideration been received by such standard broadcast station, an appropriate announcement shall be made by such station.

(d) In the case of any political program or any program involving the discussion of public controversial issues for which any records, transcriptions, talent, scripts, or other material or services of any kind are furnished, either directly or indirectly, to a station as an inducement to the broadcasting of such program, an announcement shall be made both at the beginning and conclusion of such program on which such material or services are used that such records, transcriptions, talent, scripts, or other material or services have been furnished to such station in connection with the broadcasting of such program: Provided, however, That only one such announcement need be made in the case of any such program of 5 minutes' duration or less, which announcement may be made

either at the beginning or conclusion of the program.

(e) The announcement required by this section shall fully and fairly disclose the true identity of the person or persons by whom or in whose behalf such payment is made or promised, or from whom or in whose behalf such services or other valuable consideration is received, or by whom the material or services referred to in paragraph (d) of this section are furnished. Where an agent or other person contracts or otherwise makes arrangements with a station on behalf of another, and such fact is known to the station, the announcement shall disclose the identity of the person or persons in whose behalf such agent is acting instead of the name of such agent.

(f) In the case of any program, other than a program advertising commercial products or services, which is sponsored, paid for, or furnished, either in whole or in part, or for which material or services referred to in paragraph (d) of this section are furnished, by a corporation, committee, association, or other unincorporated group, the announcement required by this section shall disclose the name of such corporation, committee, association, or other unincorporated group. In each such case the station shall require that a list of the chief executive officers or members of the executive committee or of the board of directors of the corporation, committee, association, or other unincorporated group shall be made available for public inspection at the studios or general offices of one of the standard broadcast stations carrying the program in each community in which the program is broadcast. Such lists shall be kept and made available for a period of 2 years.

(g) In the case of broadcast matter advertising commercial products or services, an announcement stating the sponsor's corporate or trade name, or the name of the sponsor's product, when it is clear that the mention of the name of the product constitutes a sponsorship identification, shall be deemed sufficient for the purposes of this section and only one such announcement need be made at any time during the course of the program.

(h) The announcements otherwise required by section 317 of the Communications Act of 1934, as amended, are waived with respect to the broadcast of "want ad" or classified advertisements sponsored by individuals. The waiver granted in this paragraph shall not ex