Chapter 91-B: Public Notice by Radio or Television

In this chapter:

I. "Broadcast" means the transmission of information by means of radio or television facilities.

II. "Notice" means any notice that is required by law to be published or any concise summary or description of the notice.

III. "Station" means any radio or television station licensed for commercial operation by the Federal Communications Commission.

I. Any state official or other public official who is required by law to publish any notice may, in addition, supplement the publication of the notice by causing the notice to be broadcast. The broadcast shall be at the times and with the frequency as the official, in his discretion, determines will serve the public interest.

II. Notices by officials of counties, towns, districts or public agencies shall be broadcast only by stations whose primary broadcast coverage includes the county or counties in which the notice is required to be given.

III. All public officials causing the broadcasting of any notice shall select those stations which best assure effective publicity of the notice, based on the nature of the notice being broadcast.

I. In the broadcast of any notice, no reference shall be made by name to any person who is a candidate for elective public office at the time of the broadcast.

II. Any station which broadcasts a notice shall keep at its office a copy or transcription of the material as broadcast for a period of 6 months following the broadcast. The copy or transcription shall be available for public inspection at reasonable times.

Proof of publication by broadcast of the notice shall be made by affidavit of the owner, manager, assistant manager or program director of the station, in substantially the following form:

AFFIDAVIT OF BROADCAST

State of New Hampshire

County of __________

I __________ , being duly sworn, depose and say that I am the owner, manager, assistant manager or program director of station __________ , a radio (television) station broadcasting from __________ , and state that the notice (or summary or description of the notice) described as __________ was broadcast on the following days:

(here set forth dates and times when the notice was broadcast.)

_ Subscribed and sworn before me ________________, 20 ________________ ___ . Month, Day

Notary Public/Justice of the Peace

My commission expires:

Any person who violates RSA 91-B shall be guilty of a misdemeanor.