FCC Web Documents citing 73.1212

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • statement or the concealment of any material fact in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. § 1001. Sincerely, Kris Anne Monteith Chief, Enforcement Bureau cc: Colby M. May, Esq. See Sections 317 and 507 of the Communications Act of 1934, as amended, codified at 47 U.S.C. §§ 317 and 508, respectively, and Section 73.1212 of the Commission's rules, 47 C.F.R. §§ 73.1212. Id. As to the disclosure obligation, Section 507(c) of the Act provides in pertinent part: [A]ny person who supplies to any other person any program or program matter which is intended for broadcasting over any radio station shall, in advance of such broadcast, disclose to such other person any information of which
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  • investigation of alleged violations of the Sponsorship Identification Laws by Company, any Company Station, or any Company employee; (l) ``Parties'' means Company and the Commission; (m) ``Rules'' means the Commission's regulations found in Title 47 of the Code of Federal Regulations; (n) ``Sponsorship Identification Laws'' means, individually or collectively, 47 U.S.C. § 317, 47 U.S.C. § 508, 47 C.F.R. § 73.1212, and/or any Commission policy relating to sponsorship identification or the practices commonly referred to as ``payola'' or ``plugola''; and I. BACKGROUND 3. The Bureau and Company acknowledge that any proceedings that might result from the Investigations and/or the Complaints will be time-consuming and will require substantial expenditure of public and private resources. 4. In order to conserve such resources, and
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  • the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and 6 Johnson Road Licenses, Inc., controlled by Pamal Broadcasting Ltd. (collectively, ``6 Johnson Road''). The Consent Decree terminates the investigation initiated by the Bureau against 6 Johnson Road for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules regarding sponsorship identification. 2. The Bureau and 6 Johnson Road have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
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  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and ACC Licensee, Inc. (``Licensee''). The Consent Decree terminates the investigation initiated by the Bureau against the Licensee for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules, regarding sponsorship identification. 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
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  • the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Tri-State Public Communications, Inc. (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 317, 399B, and 507 of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.1212 of the Commission's Rules regarding the broadcast of sponsorship identification and underwriting announcements over Station WHDD-FM, Sharon, Connecticut (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
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  • adopt the attached Consent Decree entered into by the Enforcement Bureau and the Media Bureau of the Federal Communications Commission (the ``Bureaus'') and Univision Radio, Inc. (``Univision''). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Univision for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's Rules. 2. The Enforcement Bureau and Univision have negotiated the terms of a Consent Decree that resolves these matters, and the Media Bureau has concurred. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
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  • In this Forfeiture Order, we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Fox Television Stations, Inc. (``Fox'' or ``the Licensee''), licensee of Station KMSP-TV, Minneapolis, Minnesota (``Station KMSP-TV'' or ``the Station''). We find that Fox willfully violated section 317 of the Communications Act, as amended (``the Act''), and the Commission's sponsorship identification rule, section 73.1212 of the Commission's rules. BACKGROUND This case arises from a complaint jointly filed by Free Press and the Center for Media and Democracy (``CMD'') alleging that Fox's Station KMSP-TV aired a Video News Release (``VNR'') produced for General Motors without also airing the required sponsorship identification announcement. The Enforcement Bureau (``Bureau'') issued a letter of inquiry to the Licensee concerning
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  • In this Notice of Apparent Liability for Forfeiture (``NAL''), we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Fox Television Stations, Inc. (``Fox'' or ``the Licensee''), licensee of Station KMSP-TV, Minneapolis, Minnesota (``Station KMSP-TV'' or ``the Station''), for its apparent willful violation of section 317 of the Communications Act, as amended (``the Act''), and section 73.1212 of the Commission's rules. As discussed below, we find that Fox apparently violated section 317 of the Act and the Commission's sponsorship identification rule. BACKGROUND The Commission received a complaint jointly filed by Free Press and the Center for Media and Democracy (``CMD'') alleging that Fox's Station KMSP-TV had aired a Video News Release (``VNR'') produced for General Motors without
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  • of Apparent Liability for Forfeiture (``NAL''), we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Access.1 New Jersey License Company, LLC (``Access.1'' or ``the Licensee''), licensee of Station WMGM-TV, Wildwood, New Jersey (``Station WMGM-TV'' or ``the Station''), for its apparent willful violation of section 317 of the Communications Act, as amended (``the Act''), and section 73.1212 of the Commission's rules. As discussed below, we find that Access.1 apparently violated section 317 of the Act and the Commission's sponsorship identification rule. BACKGROUND The Commission received a complaint jointly filed by Free Press and the Center for Media and Democracy (``CMD'') alleging that Access.1's Station WMGM-TV had aired a Video News Release (``VNR'') produced for Matrixx Initiatives, the
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  • Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Emmis Austin Radio Broadcasting Company, L.P. (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and section 73.1212 of the Commission's Rules, regarding sponsorship identification. 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
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  • Adelstein and Copps issuing a joint statement. Introduction In this Notice of Apparent Liability for Forfeiture, we find Sonshine Family Television, Inc. (``Sonshine''), licensee of Station WBPH-TV, Bethlehem, Pennsylvania, apparently liable for a forfeiture in the amount of forty thousand dollars ($40,000) for willfully and repeatedly violating Section 317(a)(1) of the Communications Act of 1934, as amended (``Act''), and Section 73.1212(a) of the Commission's rules. These provisions generally require a licensee to make sponsorship identification announcements whenever its station broadcasts matter in return for money, service, or other valuable consideration. We find that Sonshine, in exchange for consideration, broadcast five episodes of the program ``The Right Side with Armstrong Williams'' (``RSAW'') on a total of ten occasions during the period January
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  • CBS Radio, Inc. (``CBS Radio''). The Consent Decree terminates the investigation initiated by the Enforcement Bureau against CBS Radio as to whether CBS Radio and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules. 2. The Commission and CBS Radio have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against CBS Radio
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  • (the ``Commission'') and Citadel Broadcasting Corp. (``Citadel''). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Citadel as to whether Citadel and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules. 2. The Commission and Citadel have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Citadel relating to
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  • Channel Communications, Inc. (``Clear Channel''). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Clear Channel as to whether Clear Channel and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules. 2. The Commission and Clear Channel have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Clear Channel
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  • (the ``Commission'') and Entercom Communications Corp. (``Entercom''). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Entercom as to whether Entercom and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules. 2. The Commission and Entercom have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Entercom relating to
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  • 0006620066 FORFEITURE ORDER Adopted: December 4, 2009 Released: December 7, 2009 By the Commission: I. INTRODUCTION In this Forfeiture Order, issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), we find that Sonshine Family Television, Inc. (``Sonshine''), licensee of Station WBPH-TV, Bethlehem, Pennsylvania, willfully and repeatedly violated Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules by failing to air required sponsorship identification announcements. Based on a review of the facts and circumstances, we find Sonshine liable for a forfeiture in the amount of $32,000. II. BACKGROUND This case arises from several thousand complaints filed with the Commission in January 2005, alleging payola violations involving Armstrong Williams (``Williams''). The complaints, citing national
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  • INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we assess a monetary forfeiture in the amount of forty-four thousand dollars ($44,000) against Radio License Holding XI, LLC (``Radio License'' or the ``Licensee''), licensee of Station WLS(AM), Chicago, Illinois (``the Station''), for its apparent willful violation of section 317 of the Communications Act, as amended (``the Act''), and section 73.1212 of the Commission's rules. These provisions generally require a licensee to make sponsorship identification announcements whenever it broadcasts matter in return for money, service, or other valuable consideration. As discussed below, we find that Radio License apparently violated section 317 of the Act and the Commission's sponsorship identification rule. BACKGROUND The Commission received a complaint alleging that, on March 19,
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  • easy-to-applyrequirement. 28.ElectronicMail.IntheReportandOrder,weamendedourrulestorequirelicenseestoretain e-mailmessagesaswellastraditionalprintedcommunications.Section73.3526(eX9)wasamendedto read: Lettersand frompublic.Allwrittencommentsandsuggestionsreceivedfromthe publicregardingoperationofthestation,unlesstheletterwriterhasrequestedthatthe letternotbemadepublicorwhenthelicenseefeelsthatitshouldbeexcludedfrom.public inspectionbecauseofthenatureofitscontent,.suchasadefamatoryorobsceneletter. Lettersandelectronicmailmessagesshall beretainedforaperiodofthreeyearsfromthe dateonwhichtheyarereceivedbythelicensee. 29. NABandStateBroadcastersrequestthatwelimitorexcludee-mailstoberetained.69Both arguethattheretentionofe-mailencroachesontherightsofprivacyofstationstaffbecauseitwillrequire reviewofallincomingmailtodetenninewhiche-mailsmustberetained.70Toavoidthisintrusion,they suggestthatwelimittheretentionrequirementtoe-mailssenttoapubliclyadvertisede-mailaddress,or tostationmanagementandthatwespecificallyexcludethepersonale-mailsofstaffmembers.71 MAP, etal.,arguethatweshouldnotlimitorexcludee-mails,butacknowledgesthatwecouldlimitthe retentionrequirementtoe-mailsreceivedbymanagers. 30.Wewillmodifythisrequirement.Section73.3526(eX9)wasmodifiedtoextendtheretention requirementstothesamesortofe-mailcommunicationsashavehistoricallyappliedtotraditionalmail communications.Werecognizethatpersonale-mailsintheworkplacehavebecomequitecommon,much moresothanletters,andthatourrequirementmayhavehad anoverbroadresult.Toensurethatonlye- mailsregardingtheoperationofthestationberetained,wewilllimitthee-mailretentionrequirementto e-mailssenttoapubliclyadvertisede-mailaddress,ortostationmanagement,andwewillspecifically excludethepersonale-mailsofstaffmembers.Weexpectthisexclusionofpersonale-mailtoavoidthe possibleoverbroadeffectofincludinge-mailsenttoalowerlevelemployeethatmightcontainan inconsequentialreferencetostationoperation.Weencouragestationstoadvertisee-mailaddressesto whichcommentsandsuggestionsmaybesent,butwedonotrequirethis. 31.Donors'Lists.Section73.3527(aX8)ofourrulesrequiresthatnoncommercialeducational stationsmaintainthelistsofdonorssupportingspecificprograms.IntheReportandOrder,weconsidered butdeniedapetitionaskingustodeletethisrequirementfromthepublicfile.Thatpetitionarguedthat thisprovisionwasobsoletebecauseitisrootedintheprogramlogrequirementsthatweredeletedin 1980.72 69 70 71 NABPetition at5-6;StateBroadcastersPetitionat9-10,Replyat2. NABPetitionat6;StateBroadcastersPetition at9. NABPetitionat5-6;StateBroadcastersPetitionat9-10. SeeReregulationandOversighto/theAMFMandTVBroadcastRules, 77FCC2d251(1980). 11124 FederalCommunicationsCommissioD FCC99-118 32:PublicBroadcastersandAPTSarguethattheCommissionshoulddeletethisrequirementon reconsiderationbecauseitisobsolete.73MAP, etaI.,agreethatthissectioncouldbedeleted."·Public Broadcastersalsoclaimthatsincetheprovision'sgenesiswasasanoptionalalternativetologging,and itwasadoptedasarequirementwithoutnoticeorcomment,itshouldbedeleted.75Theyrequestthat,in theeventweretaintherequirement,wedefinethephrase"donorssupportingspecificprograms,"andset forthaprocedurebywhichsuchdonorlistscanbemaintainedoverthetwo-yearretentionperiod.76 33.Wedisagreethatthisprovisionisobsolete.Aswestatedinthe ReportandOrder,thedonor listrequirementistiedtooursponsorshipidentificationrequirementsunderSection317oftheActand Section73.1212ofourrules,whichrequirenoncommercialeducationalstationstoacknowledgedonors.77 ThebasiC;premiseoftheseprovisionsisthatthepublicisentitledtoknowbywhomtheyarebeing persuaded.78ThedonorlistrequirementfornoncommerciallicenseesisrelatedtotheCommission's determinationthatnoncommercialeducationalstationsarepermittedtolimittheir program sponsorshipannouncementstomajordonorsorunderwritersonly,butmustmaintainacompletedonor listintheirpublicfiles.79Althoughdonorlistsoriginatedasanoptionalalternativetologging,theywere deliberatelyretainedwhentheloggingrequirementsweredeleted,andstationsretainedtheirobligations toidentifydonorsinaccordancewithSection73.1212.80Partieshadamplenoticeandopportunityto commentonthisprovisioninthisDocket,andtheirpositionsweregivenfullconsideration.Thedonor listsprovidetheonlycompleteinformation'regardingprogramsponsorshiponnoncommercialstations, andthereforewillberetained.Wenotethatthelistforeachprogrammustbemaintainedfortwoyears afterbroadcastoftheprogram. 34.Withrespecttothedefinitionof"donorssupportingspecificprograms,"wewillapplythe samedefinitionasappliesto"sponsors"underthesponsorshipidentificationprovisions.Thatis,we expectlicenseesunderSection317(aX2)(c)oftheActtoexercise"reasonablediligence"toobtainthe 73 14 15 76 PublicBroadcastersPetitionat APTSPetitionat MAP, etaf., Oppositionatiiin.l. PublicBroadcastersPetitionat PublicBroadcastersPetitionat6. 77 See 47USC§317;47CFR§73.1212;CommissionPolicyConcerningtheNoncommercialNatureof EducationalBroadcastStations, BCDocketNo.21136,90FCC2d895,896n.7(1982). 78 See 90FCC2d895,901. 79 See 90FCC2d895,901n.18(1982)(generalreferencetominorcontributorsmustalsoincludea statementadvisingthepublicthatacompletedonorlistismaintainedthroughPBSortheindividualpublic broadcaststation,whicheverisappropriate).SeealsoRevisionofProgramPoliciesandReportingRequirements RelatedtoPublicBroadcastingLicensees, BCDocket81-496,98FCC2d746,D.23. so SeeRevisionofProgramPoliciesandReportingRequirementsRelatedtoPublicBroadcasting Licensees, BCDocket81-496,98FCC2d746. 11125 FederalCommunicationsCommission requisiteinformationtoassurethataproperidentificationismade.llWenoteinthisregardthatSection 73.1212(e)requireslicenseestodisclosethe"trueidentity"ofthoseonwhosebehalfapaymentismade.12 In makingthisdetermination,unlessfurnishedwithucredible,unrefutedevidence"thatasponsorisacting onbehalfofathirdparty,thebroadcastermayrelyontheplausibleassurancesofthepersonpayingfor thetimethattheyarethetruesponsor.IJ 35.Lettersconcerningviolentprogramming. Se,ction73.1202ofourrulesrequiresthatlicensees ofcommercial AM,FMandTelevisionbroadcaststationsretainintheirpublicfilesforthreeyearsall ,writtencommentsandsuggestionsreceivedfromthepublicregardingstationoperation.Section73.3526 implementsthisprovisionwithsimilarlanguage.Thereisnosimilarprovisionrequiringlicenseesof noncommercial
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  • radio station for which money, service, or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person. 47 U.S.C. § 317(a)(1). Similarly, Section 73.1212(a) of the Commission's rules provides: When a broadcast station transmits any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such station, the station, at the time of the broadcast, shall announce: (1) That such matter is sponsored, paid for, or furnished, either in whole or
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  • 47 U.S.C. § 317. Section 317 also states that the requirement of an announcement may be waived if the Commission ``determines that the public interest, convenience, or necessity does not require the broadcasting of such announcement.'' 47 U.S.C. § 317(d). The Ad Council requests a declaratory ruling that neither Section 317 of the Act nor the corresponding Commission Rule (Section 73.1212) requires that the White House Office of National Drug Control Policy (ONDCP) be identified as the sponsor of certain public service announcements (``PSAs''). The subject PSAs are aired by a station as part of its statutorily required matching contribution for broadcast time purchased by ONDCP in connection with the National Youth Anti-Drug Media Campaign. The Ad Council argues that Section
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  • Section Number and Title: 73.670 Commercial limits in children's programs. 73.687 Transmission system requirements. SUBPART H - RULES APPLICABLE TO ALL BROADCAST STATIONS Brief Description: These rules provide for compliance and authorization of all broadcast services. Need: These rules prescribe operating procedures applicable to all broadcast services. Legal Basis: 47 U.S.C. §§ 154, 303, 334, 336. Section Number and Title: 73.1212 Sponsorship identification; list retention; related requirements. 73.1217 Broadcast hoaxes. 73.1942 Candidate rates. 73.1943 Political file. 73.1944 Reasonable access. 73.3556 Duplication of programming on commonly owned or time brokered stations. 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. 73.3589 Threats to file petitions to deny or informal objections. PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL
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  • information current only through January 10, 2002. One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic in reprisal for the FCC complaint, contrary to Commission policy prohibiting retaliatory conduct by licensees. Finally, two of the complainants alleged that the licensee violated the sponsorship identification rule, 47 C.F.R. § 73.1212, by failing to identify that the station traded underwriting acknowledgments for contest prizes. By letter dated November 8, 2002, we inquired of Isothermal about these allegations, and thereafter received its response. III. DISCUSSION 3. Under section 503(b)(1) of the Act, any person who is determined by the Commission to have willfully or repeatedly failed to comply with any provision of
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  • information current only through January 10, 2002. One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic in reprisal for the FCC complaint, contrary to Commission policy prohibiting retaliatory conduct by licensees. Finally, two of the complainants alleged that the licensee violated the sponsorship identification rule, 47 C.F.R. § 73.1212, by failing to identify that the station traded underwriting acknowledgments for contest prizes. By letter dated November 8, 2002, we inquired of Isothermal about these allegations, and thereafter received its response. III. DISCUSSION 3. Under section 503(b)(1) of the Act, any person who is determined by the Commission to have willfully or repeatedly failed to comply with any provision of
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  • described by Section 204(a) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. §§ 309(k)(2), 309(k)(3). 47 C.F.R. § 73.1940. See 47 U.S.C. § 317; see also 47 C.F.R. § 73.1212. Michael D. Bramble, Memorandum Opinion and Order, 58 FCC 2d 565, 571 (1976). See American Broadcasting Companies, Inc., Memorandum Opinion and Order, 86 FCC 2d 3, 10-11 (1981); Hunger in America, Memorandum Opinion, 20 FCC 2d 143, 150-51 (1969); Black Producer's Association, By Direction Letter, 70 FCC 2d 1920, 1928 (1979); WPIX, Inc., Decision, 68 FCC 2d 381, 384-86 (1978);
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  • statement or the concealment of any material fact in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. § 1001. Sincerely, Kris Anne Monteith Chief, Enforcement Bureau cc: Colby M. May, Esq. See Sections 317 and 507 of the Communications Act of 1934, as amended, codified at 47 U.S.C. §§ 317 and 508, respectively, and Section 73.1212 of the Commission's rules, 47 C.F.R. §§ 73.1212. Id. As to the disclosure obligation, Section 507(c) of the Act provides in pertinent part: [A]ny person who supplies to any other person any program or program matter which is intended for broadcasting over any radio station shall, in advance of such broadcast, disclose to such other person any information of which
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  • and Entercom, and terminated its inquiry into payola allegations involving Entercom. The Order determined that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Entercom relating to the investigation of whether it or any of its respective subsidiaries that hold FCC authorizations violated Sections 317 and 507 of the Act, and/or Section 73.1212 of the Rules. The Commission concluded that ``nothing in the record before us creates a substantial and material question of fact in regard to these matters as to whether Entercom and its direct or indirect subsidiaries that hold FCC authorizations possess the basic qualifications, including character qualifications, to hold or obtain any FCC licenses or authorizations.'' We find that the
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  • Communications Co. v. F.C.C., 857 F.2d 1556, 1561 (D.C. Cir. 1988) (``Astroline''). See also Rocky Mountain Radio Co., LLP, Memorandum Opinion and Order, 15 FCC Rcd 7166, 7167 (1999). Petition at 2. While Howard does not specify the rules or statutes he believes have been violated, we presume that he is claiming that UW violated 47 C.F.R. §§ 73.503(d) and 73.1212, insofar as he alleges that the talk shows were broadcast at the expense of certain parties, who were not identified, who paid UW for the ``focus group'' research gleaned from the programming. Petition at 1. Declaration of Wayne Roth (``Roth Declaration''), attached to Opposition, paras. 5, 10. See also Declaration of Steve Scher (``Scher Declaration''), attached to Opposition, para. 3.
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  • were incomplete. In opposition, the Licensee argues that Citizens is a political action committee that is not authorized by any political candidate to expend funds on any candidate's behalf. Accordingly, as an ``issue'' advertiser and not an entity requesting station time on behalf of a legally qualified candidate for public office, Citizens falls under the sponsorship identification provisions of Section 73.1212(e) of the Rules rather than the candidate advertising requirements of Section 73.1943(a). The Licensee claims that it met its local public inspection file requirements with respect to the Citizens for Integrity in Politics' spots. We find that the Licensee is correct in its characterization of Citizens as an ``issue'' advertiser, and thus its reliance on Section 73.1212(e) of the Rules
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  • a lending institution's determination that an entity is creditworthy or that a buyer's business model or financing strategy is sound. We decline to do so here. 9. Character Qualifications. Royce asserts that Entercom has repeatedly violated the Commission's indecency guidelines, and the sponsorship identification rule and prohibition against ``payola'' contained in Sections 317 and 508 of the Act and Section 73.1212 of the Rules (collectively, the ``Sponsorship Identification Rules''). In its Opposition, Entercom argues that Royce has failed to submit any specific allegations of fact sufficient to show that grant of the Applications is prima facie inconsistent with the public interest, convenience, and necessity or to raise a substantial and material question of fact concerning Entercom's qualifications to be an FCC
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  • investigation of alleged violations of the Sponsorship Identification Laws by Company, any Company Station, or any Company employee; (l) ``Parties'' means Company and the Commission; (m) ``Rules'' means the Commission's regulations found in Title 47 of the Code of Federal Regulations; (n) ``Sponsorship Identification Laws'' means, individually or collectively, 47 U.S.C. § 317, 47 U.S.C. § 508, 47 C.F.R. § 73.1212, and/or any Commission policy relating to sponsorship identification or the practices commonly referred to as ``payola'' or ``plugola''; and I. BACKGROUND 3. The Bureau and Company acknowledge that any proceedings that might result from the Investigations and/or the Complaints will be time-consuming and will require substantial expenditure of public and private resources. 4. In order to conserve such resources, and
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  • specifically indicates that ``the Licensee does not admit to any Potential Violation.'' Id. at ¶ 11. Those matters remain before the Enforcement Bureau. Accordingly, we decline to consider any of these unspecified ``potential violations'' in connection with this proceeding. Payola is a violation of the sponsorship identification requirements, codified at 47 U.S.C. §§ 317 and 508, and 47 C.F.R. § 73.1212. These laws requires that employees of broadcast stations, program producers, program suppliers and others who have accepted or agreed to receive payments, services, or other valuable consideration for airing material must disclose this fact. Disclosure provides broadcasters the information they need to let their audiences know if material was paid for, and by whom. Entercom Communications Corp., Order, 22 FCC
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  • a file of listener complaints. The Schademann Objection also cites certain practices that it categorizes as ``playola/plugola'', but it fails to provide any specific information, claiming that ``calls-to-action and self-promotion by various programmers and their guests . . . are too numerous to mention but can be heard on any given day.'' Schademann Objection at 2; see 47 C.F.R. § 73.1212 (sponsorship identification requirements). This portion of the Schademann Objection not only appears to involve a misinterpretation of our Rules, but also lacks sufficient information to present a substantial and material question of fact. Powers Objection at 1 (``I witnessed what I consider to be egregious examples of misconduct, poor leadership and an overall disregard for the stated mission of the
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  • the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and 6 Johnson Road Licenses, Inc., controlled by Pamal Broadcasting Ltd. (collectively, ``6 Johnson Road''). The Consent Decree terminates the investigation initiated by the Bureau against 6 Johnson Road for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules regarding sponsorship identification. 2. The Bureau and 6 Johnson Road have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
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  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and ACC Licensee, Inc. (``Licensee''). The Consent Decree terminates the investigation initiated by the Bureau against the Licensee for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules, regarding sponsorship identification. 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
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  • the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Tri-State Public Communications, Inc. (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 317, 399B, and 507 of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.1212 of the Commission's Rules regarding the broadcast of sponsorship identification and underwriting announcements over Station WHDD-FM, Sharon, Connecticut (the ``Station''). The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating
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  • adopt the attached Consent Decree entered into by the Enforcement Bureau and the Media Bureau of the Federal Communications Commission (the ``Bureaus'') and Univision Radio, Inc. (``Univision''). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Univision for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's Rules. 2. The Enforcement Bureau and Univision have negotiated the terms of a Consent Decree that resolves these matters, and the Media Bureau has concurred. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
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  • In this Forfeiture Order, we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Fox Television Stations, Inc. (``Fox'' or ``the Licensee''), licensee of Station KMSP-TV, Minneapolis, Minnesota (``Station KMSP-TV'' or ``the Station''). We find that Fox willfully violated section 317 of the Communications Act, as amended (``the Act''), and the Commission's sponsorship identification rule, section 73.1212 of the Commission's rules. BACKGROUND This case arises from a complaint jointly filed by Free Press and the Center for Media and Democracy (``CMD'') alleging that Fox's Station KMSP-TV aired a Video News Release (``VNR'') produced for General Motors without also airing the required sponsorship identification announcement. The Enforcement Bureau (``Bureau'') issued a letter of inquiry to the Licensee concerning
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  • In this Notice of Apparent Liability for Forfeiture (``NAL''), we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Fox Television Stations, Inc. (``Fox'' or ``the Licensee''), licensee of Station KMSP-TV, Minneapolis, Minnesota (``Station KMSP-TV'' or ``the Station''), for its apparent willful violation of section 317 of the Communications Act, as amended (``the Act''), and section 73.1212 of the Commission's rules. As discussed below, we find that Fox apparently violated section 317 of the Act and the Commission's sponsorship identification rule. BACKGROUND The Commission received a complaint jointly filed by Free Press and the Center for Media and Democracy (``CMD'') alleging that Fox's Station KMSP-TV had aired a Video News Release (``VNR'') produced for General Motors without
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  • of Apparent Liability for Forfeiture (``NAL''), we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Access.1 New Jersey License Company, LLC (``Access.1'' or ``the Licensee''), licensee of Station WMGM-TV, Wildwood, New Jersey (``Station WMGM-TV'' or ``the Station''), for its apparent willful violation of section 317 of the Communications Act, as amended (``the Act''), and section 73.1212 of the Commission's rules. As discussed below, we find that Access.1 apparently violated section 317 of the Act and the Commission's sponsorship identification rule. BACKGROUND The Commission received a complaint jointly filed by Free Press and the Center for Media and Democracy (``CMD'') alleging that Access.1's Station WMGM-TV had aired a Video News Release (``VNR'') produced for Matrixx Initiatives, the
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  • Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Emmis Austin Radio Broadcasting Company, L.P. (the ``Licensee''). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and section 73.1212 of the Commission's Rules, regarding sponsorship identification. 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
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  • Tower Ministry, licensee of radio station WLWZ-LP. On April 30, 2003 and May 1, 2003, an agent of the Commission's Detroit Office monitored radio station WLWZ-LP located at Cassopolis, Michigan, and observed the following violation(s): 47 C.F.R. § 73.503(d): ``Each station shall furnish a nonprofit and noncommercial broadcast service. Noncommercial educational FM broadcast stations are subject to the provisions of §73.1212 to the extent they are applicable to the broadcast of programs produced by, or at the expense of, or furnished by others. No promotional announcement on behalf of for profit entities shall be broadcast at any time in exchange for the receipt, in whole or in part, of consideration to the licensee, its principals, or employees. However, acknowledgements of contributions
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  • information current only through January 10, 2002. One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic in reprisal for the FCC complaint, contrary to Commission policy prohibiting retaliatory conduct by licensees. Finally, two of the complainants alleged that the licensee violated the sponsorship identification rule, 47 C.F.R. § 73.1212, by failing to identify that the station traded underwriting acknowledgments for contest prizes. By letter dated November 8, 2002, we inquired of Isothermal about these allegations, and thereafter received its response. III. DISCUSSION 3. Under section 503(b)(1) of the Act, any person who is determined by the Commission to have willfully or repeatedly failed to comply with any provision of
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  • Pub. L. No. 109-13 (2005). FCC Public Notice 05-84, supra note 5. Jonathan S. Adelstein, Statement before the Federal Communications Bar Association (Nov. 5, 2003), . James Bandler, Advice for Sale: Believe It: How Companies Pay Experts for On-Air Product Mentions, WALL ST. J., Apr. 29, 2005, at A1. Communications Act of 1934, 47 U.S.C. § 317(a)(1); 47 C.F.R. § 73.1212(a). C.F.R. § 73.1212(a)(2). 47 U.S.C. 317(a)(2); 47 C.F.R. § 73.1212(d). 47 C.F.R. § 76.1615(c). 47 U.S.C. § 507. Id. at § 317(b); 47 C.F.R. § 73.1212(c). 47 U.S.C. § 501. Id. The Fake News Cycle, PR Watch, Vol. 12 No. 2, Second Qtr., 2005, at 2. James Bandler, Advice for Sale: How Companies Pay TV Experts For On-Air Product Mentions,
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  • Flom LLP, counsel for Fox Television Holdings, Inc., and Fox Television Stations, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commis- sion, dated June 25, 2007, at 1­2. 33 47 U.S.C. § 508(b)-(c). 34 Graham Williams Group, Letter, 22 FCC Rcd 18092 (Enf. Bur., Inv. & Hear- ings Div. 2007). 35 47 U.S.C. § 317(c). See also 47 C.F.R. §§ 73.1212(b), 76.1615(b). 36 47 U.S.C. § 317(b). See also 47 C.F.R. § 73.1212(c). Cable operators do not have a comparable reporting requirement. Compare 47 C.F.R. § 76.1615. 37 See Center for Media and Democracy Comments in Sponsorship Identification Rules and Embedded Advertising, MB Docket No. 08-90, Notice of Inquiry and Notice of Proposed Rulemaking, 23 FCC Rcd 10682 (2008) (Sponsorship Identification
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  • is readily accessible by the general public. Section 76.1715. Section 76.1715 requires that whenever sponsorship announcements are omitted, the cable system operator must maintain for public inspection a file listing the name, address, and telephone number of the advertiser of the commercial announcement. The length of time that such information should be retained is not provided. However, pursuant to Section 73.1212, a similar collection of information from broadcast stations is required whenever sponsorship announcements are omitted. In the broadcast context such advertiser information must be retained for a period of two years from the date of broadcast. We interpret Section 76.1715 in this Second Order to operate consistently with Section 73.1212. Provided that it retains the required advertiser information for a
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  • had caused several broadcast networks to question whether Section 317 of the Communications Act (``Act'') also requires that the match-PSAs identify ONDCP as a sponsor in addition to identifying the particular producing entity. The Ad Council requests that the Commission issue a declaratory ruling stating that neither Section 317 of the Act nor the corresponding Commission Rule, 47 C.F.R. § 73.1212, requires that ONDCP be identified as the sponsor of the match-PSAs. The Ad Council states that broadcasters generally do not receive consideration for airing PSAs and therefore ``PSAs have traditionally been deemed exempt from the categories of programming that require sponsorship identification.'' According to the Ad Council, the subject PSAs are aired by a station as part of its statutorily-required
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  • 73.624(c), 73.6026. Digital Class A ancillary and supplementary services may not derogate free over-the-air video service and are subject to the fees applicable to DTV broadcasters under Section 73.624(g) of our rules. See 47 C.F.R. § 74.624(c). See 47 C.F.R. § 74.780, ``Broadcast regulations applicable to translators, low power, and booster stations.'' For example, this rule references, among others, Sections 73.1212 and 73.1940, which pertain to sponsorship identification and broadcasts by candidates for political office, respectively. See also the closed captioning requirements in Section 79.1 and Second Periodic Review of the Commission's Rules and Policies Affecting Conversion to Digital Television, Public Interest Obligations of TV Broadcast Licensees, 18 FCC Rcd 1279 (2003). Section 143 of the Consolidated Appropriations Act, the LPTV
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  • or agreed to pay or accept ... payments to report that fact to the station licensee before the involved matter is broadcast. In turn, section 317 of the Act requires the licensee to announce that the matter contained in the program is paid for, and to disclose the identity of the person furnishing the money or other valuable consideration.'' Section 73.1212 of the Commission's rules set forth our sponsorship identification rules, which implement the requirements of section 317, and are designed to alert listeners and viewers of a broadcast station to the fact that they are hearing or viewing programming for which the station has received valuable consideration by ensuring that the station discloses that fact. When payola causes stations to
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  • Licensees, Inc., 19 FCC Rcd 1768 (2004). Under such circumstances, broadcasters may find it in their interest to retain recordings for a longer period than the proposals above suggest. We also note that a broadcast station may currently retain recordings on a voluntary basis in the absence of a mandate from the Commission. 47 C.F.R. § 73.670. 47 C.F.R. § 73.1212. 47 C.F.R. § 1.1206(b), as revised. See id. § 1.1206(b)(2). The RFA, see 5 U.S.C. §§ 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (``SBREFA''), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). 5 U.S.C. § 605(b). 5 U.S.C. § 601(6). 5 U.S.C. § 601(3) (incorporating by reference the definition
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  • Current Magazine, January 19, 2004. We note that if the supplementary 32 kbps digital signal of a multiplexed station fails, it does not blend back into the analog channel; instead, the receiver mutes that channel. See Leslie Stimson, Is Radio Heading for a Split? RADIO WORLD, March 1, 2004. See NPR February 19, 2002 Comments at 5-6. 47 C.F.R. § 73.1212. See Advanced Television Systems and Their Impact on the Existing Television Broadcast Service, 12 FCC Rcd 12809, 12835 (1997). See 47 U.S.C. § 310(d) (``No construction permit or station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such
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  • Section 317 and our rules thereunder, and does not address the recent controversy over when or whether the government is permitted to sponsor VNRs, which is an issue beyond the Commission's jurisdiction. The Sponsorship Identification Rules The sponsorship identification rules, which are contained in sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and sections 73.1212 and 76.1615 of the Commission's rules, generally require that, when payment has been received or promised to a broadcast licensee or cable operator for the airing of program material, at the time of the airing, the station or cable system must disclose that fact and identify who paid or promised to provide the consideration. Specifically, section 317(a)(1) of the Act
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  • Adelstein and Copps issuing a joint statement. Introduction In this Notice of Apparent Liability for Forfeiture, we find Sonshine Family Television, Inc. (``Sonshine''), licensee of Station WBPH-TV, Bethlehem, Pennsylvania, apparently liable for a forfeiture in the amount of forty thousand dollars ($40,000) for willfully and repeatedly violating Section 317(a)(1) of the Communications Act of 1934, as amended (``Act''), and Section 73.1212(a) of the Commission's rules. These provisions generally require a licensee to make sponsorship identification announcements whenever its station broadcasts matter in return for money, service, or other valuable consideration. We find that Sonshine, in exchange for consideration, broadcast five episodes of the program ``The Right Side with Armstrong Williams'' (``RSAW'') on a total of ten occasions during the period January
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  • airing of certain program material to report that fact to the station licensee before the involved matter is broadcast. In turn, Section 317 requires the licensee to announce, at the time of broadcast, that consideration has been provided for matter contained in the program, and to disclose the identity of the person furnishing the money or other valuable consideration.'' Section 73.1212 of the Commission's rules implements the requirements of Section 317 for broadcasters. Payola/Pay-for-Play. As an outgrowth of the sponsorship identification rules, the Commission has defined ``payola'' as ``the unreported payment to, or acceptance by, employees of broadcast stations, program producers and program suppliers of any money, services or valuable consideration to achieve airplay for any programming.'' The Commission observed in
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  • being transmitted by the station. Thus, for example, WXXX must air announcements with respect to its transmissions in its local market. See revised rule 47 C.F.R. § 73.1201(b) in Appendix B, infra. Station identification is required only for licensees and permittees. Other programming providers need not be identified except as required by the sponsorship identification rules. See 47 C.F.R. § 73.1212. See Second DTV Periodic Report and Order, 19 FCC Rcd at 18354, ¶171. See id. at 18353-55, ¶¶ 169-173. See also 47 C.F.R. § 73.1201. See Second DTV Periodic Report and Order, 19 FCC Rcd at 18354-55, ¶¶ 172. See also 47 C.F.R. § 73.1201(b). Thus, a broadcaster who operates an NTSC service on channel ``26'' and a DTV service
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  • CBS Radio, Inc. (``CBS Radio''). The Consent Decree terminates the investigation initiated by the Enforcement Bureau against CBS Radio as to whether CBS Radio and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules. 2. The Commission and CBS Radio have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against CBS Radio
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-28A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-28A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-28A1.txt
  • (the ``Commission'') and Citadel Broadcasting Corp. (``Citadel''). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Citadel as to whether Citadel and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules. 2. The Commission and Citadel have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Citadel relating to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-29A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-29A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-29A1.txt
  • Channel Communications, Inc. (``Clear Channel''). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Clear Channel as to whether Clear Channel and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules. 2. The Commission and Clear Channel have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Clear Channel
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.txt
  • concluded that the conversion to DAB will not require changes to the following requirements: (1) Sections 312(a)(7) and 315 of the Act and Sections 73.1940-44 of the Commission's rules-political broadcasting; (2) Section 507 of the Act and Section 73.4180 of the Commission's rules-payment disclosure; (3) Section 508 of the Act-prohibited contest practices; (4) Section 317 of the Act and Section 73.1212 of the Commission's rules-sponsorship identification; (5) Section 1335 of Title 15 and Section 73.4055 of the Commission's rules-cigarette advertising; and (6) Section 73.1208 of the Commission's rules-broadcast of taped or recorded material. However, we sought comment on how such requirements should be applied to multicast services and whether the requirements apply to subscription services. In its comments, PIC outlines certain
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  • substantial and material question of fact regarding whether Citadel Broadcasting engaged in misrepresentation warranting designation of the renewal applications for hearing. Sponsorship Identification Issues Red Wolf next argues that Citadel Broadcasting received consideration from music companies and others in exchange for airing their artists' music over its stations, in violation of Sections 317 and 507 of the Act and Section 73.1212 of the Rules. In support of this contention, Red Wolf indicates that, on July 25 and November 22, 2005, respectively, the Attorney General of the State of New York (the ``NYAG'') entered into assurances of discontinuance with Sony BMG Music Entertainment (``Sony BMG'') and with Warner Music Group Corp. (``Warner'') in connection with the NYAG's ongoing investigation of such practices.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-42A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-42A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-42A1.txt
  • (the ``Commission'') and Entercom Communications Corp. (``Entercom''). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Entercom as to whether Entercom and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the ``Act''), and Section 73.1212 of the Commission's rules. 2. The Commission and Entercom have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Entercom relating to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-155A1.txt
  • information from any person with whom the licensee ``deals directly.'' Section 507 of the Communications Act establishes a reporting scheme designed to ensure that broadcast licensees receive notice of consideration that may have been provided or promised in exchange for the inclusion of matter in a program regardless of where in the production chain the exchange takes place. 5. Sections 73.1212 and 76.1615 of the Commission's rules closely track the language of Section 317 of the Communications Act. The rules apply regardless of whether the program is primarily commercial or noncommercial and regardless of the duration of the programming. The rules do not require sponsorship identification, however, when both the identity of the sponsor and the fact of sponsorship of a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-155A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-155A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-155A4.txt
  • Opportunity? 145 (J. Michael McGinnis et al. eds., The National Academies Press 2006), available at http://www.nap.edu/books/0309097134/html/R1.html. See Kaiser Family Foundation, The Role of Media in Childhood Obesity (Menlo Park: Kaiser Family Foundation, 2004), http://www.kff.org/entmedia/loader.cfm?url=/commonspot/security/ getfile.cfm&PageID=32022, generated April 4, 2005. See Angela J. Campbell, Food Marketing to Children and the Law. 39 Loy. L.A. L. Rev. 447, 465 (2006). 47 CFR 73.1212(e) Amy Schatz, Product Placements Get FCC Scrutiny, Wall St. J., June 23, 2008, at B3. See Writers Guild of America, Are You Selling to Me?: Stealth Advertising in the Entertainment Industry (2005). See Ellen P. Goodman, Stealth Marketing and Editorial Integrity. 85 Tex. L. Rev. 83, 125 (2006). Federal Communications Commission FCC 08-155 Ý ã � � ž � ž
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  • which ``shall contain''... ``such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy''). 47 U.S.C. § 336(b)(5). 47 U.S.C. § 309(k). See 47 C.F.R. § 73.3526(e)(11). See 47 C.F.R. §§ 73.1201 (requiring station identification); 73.1212 (requiring sponsorship identification). See id. § 73.3580. See id. §§ 73.3526, 73.3527. Children's Television Programming Order, 11 FCC Rcd 10660. 47 U.S.C. §§ 303(a), (b) and 394. Children's Television Programming Order, 11 FCC Rcd at para. 7. Id. at 10663. NAB Ex Parte of February 11, 2008. Id. This DTV education requirement will continue for any station that has requested
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  • 0006620066 FORFEITURE ORDER Adopted: December 4, 2009 Released: December 7, 2009 By the Commission: I. INTRODUCTION In this Forfeiture Order, issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), we find that Sonshine Family Television, Inc. (``Sonshine''), licensee of Station WBPH-TV, Bethlehem, Pennsylvania, willfully and repeatedly violated Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules by failing to air required sponsorship identification announcements. Based on a review of the facts and circumstances, we find Sonshine liable for a forfeiture in the amount of $32,000. II. BACKGROUND This case arises from several thousand complaints filed with the Commission in January 2005, alleging payola violations involving Armstrong Williams (``Williams''). The complaints, citing national
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  • broadcast by any radio station for which money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person.''); 47 C.F.R. § 73.1212. See 47 U.S.C. § 399B; 47 C.F.R. § 73.503(d). See Notice, ¶ 33. Id. The Commission noted the ``urgent necessity for rapid administrative action under the circumstances.'' Omnipoint Corp. v. FCC, 78 F.3d 620, 629 (D.C. Cir. 1996) (upholding seven-day comment period for rules in twice-delayed C Block auction given urgent necessity for rapid administrative action) (internal quotes and cites
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  • 73.3526(e)(16)) (retain for as long as contract or agreement in force); Class A TV continuing eligibility documentation (as required by 73.3526(e)(17)) (retain indefinitely); A list of chief executive officers or members of the executive committee of an entity sponsoring or furnishing broadcast material concerning political matter or matter involving the discussion of controversial issues of public importance (as required by 73.1212(e)) (retain for two years). In the Report and Order the Commission required television stations that have Internet websites to place their public inspection files on their stations' websites and to make these files available to the public without charge. As an alternative, the Commission determined that stations could place their public inspection files on their state broadcasters association's (``SBA'') website,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-16A1.txt
  • INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we assess a monetary forfeiture in the amount of forty-four thousand dollars ($44,000) against Radio License Holding XI, LLC (``Radio License'' or the ``Licensee''), licensee of Station WLS(AM), Chicago, Illinois (``the Station''), for its apparent willful violation of section 317 of the Communications Act, as amended (``the Act''), and section 73.1212 of the Commission's rules. These provisions generally require a licensee to make sponsorship identification announcements whenever it broadcasts matter in return for money, service, or other valuable consideration. As discussed below, we find that Radio License apparently violated section 317 of the Act and the Commission's sponsorship identification rule. BACKGROUND The Commission received a complaint alleging that, on March 19,
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  • Public File Sponsorship Identification Requirements. Although, as discussed below, we do not impose new sponsorship identification reporting requirements, we also do not exempt existing public file requirements regarding sponsorship identification from the online posting requirement. Specifically, we decline the request by the National Religious Broadcasters (``NRB'') to exempt from the online public file the disclosure of material required in Section 73.1212(e) of our rules - namely, where ``material broadcast is political matter or matter involving the discussion of a controversial issue of public importance and a corporation, committee, association or other unincorporated group, or other entity is paying for or furnishing the broadcast matter,'' stations must disclose ``a list of the chief executive officers or members of the executive committee or
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  • Consent Decree terminated the investigations initiated by the Bureau against Clear Channel as to whether Clear Channel and its direct and indirect subsidiaries that hold FCC authorizations (collectively, the Company) may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 317 and 507, and Section 73.1212 of the Commission's rules, 47 C.F.R. § 73.1212. As part of the Consent Decree, the Company agreed to adopt a new plan to enhance the effectiveness of the Company's efforts to deter employees from engaging in conduct that violates the sponsorship identification laws and to make a voluntary contribution to the United States Treasury in the amount of $3,500,000.00. Request
• http://transition.fcc.gov/Bureaus/Enforcement/Orders/2000/da002873.doc http://transition.fcc.gov/Bureaus/Enforcement/Orders/2000/da002873.txt
  • radio station for which money, service, or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person. 47 U.S.C. § 317(a)(1). Similarly, Section 73.1212(a) of the Commission's rules provides: When a broadcast station transmits any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such station, the station, at the time of the broadcast, shall announce: (1) That such matter is sponsored, paid for, or furnished, either in whole or
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.doc http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.txt
  • District of Columbia Circuit has declared the some of the Commission's EEO policies and rules unconstitutional, and remanded certain aspects of these policies and rules to the Commission for further consideration. Lutheran Church-Missouri Synod v. FCC, 141 F.3d 344, 393 (1998). As indicated below, the Commission's EEO policies and rules are the subject of an ongoing proceeding. 47 C.F.R. § 73.1212. 47 C.F.R. § 73.670. Fifth Report and Order, 12 FCC Rcd at 18826, ¶ 42. 47 U.S.C. § 336(a). (``If the Commission determines to issue additional licenses for advanced television services, the Commission (1) should limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a television station or
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.txt http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.wp
  • program material from Federal Communications Commission FCC 98-236 345NAB Opposition at 7 citing Cable Television Consumer Protection And Competition Act of 1992, Public L. No. 102-385, § 2(a)(12) and Children's Television Act, Pub. L. No. 101-437, § 101. 346NAB Opposition at 8 citing 47 U.S.C. § 315(a) and 47 U.S.C. § 312(a)(7). 347NAB Opposition at 8 citing 47 C.F.R. § 73.1212(a)(2)(ii). 348NCTA Opposition at 9. See also NAB Opposition at 6. 349NCTA Opposition at 9. See also NAB Opposition at 6. 350NCTA Opposition at 9. See also NAB Opposition at 6. 351NCTA Opposition at 9. See also NAB Opposition at 6. 352NAD/CAN Reply at 9. 353Id. 354Id. 355Id. 356Id. 48 advertising.345 NAB asserts that NAD/CAN's proposal to mandate captioning of political
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.pdf
  • a requirement without notice or comment, it should be deleted.75 They request that, in the event we retain the requirement, we define the phrase "donors supporting specific programs," and set forth a procedure by which such donor lists can be maintained over the two-year retention period.76 Federal Communications Commission FCC 99-118 77 See 47 USC § 317; 47 CFR § 73.1212; Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, BC Docket No. 21136, 90 FCC 2d 895, 896 n. 7 (1982). 78 See 90 FCC 2d 895, 901. 79 See 90 FCC 2d 895, 901 n. 18 (1982) (general reference to minor contributors must also include a statement advising the public that a complete donor list is maintained through
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  • at 1. See 47 U.S.C. § 309(a). See Report and Order, BC Docket No. 78-253, 51 RR 2d 476 (1982) (Low Power Television R&O). 18 U.S.C. § 1464; 47 C.F.R. § 73.3999 (prohibits broadcasting of indecent material from 6:00 a.m. until 10:00 p.m., hours when children are likely to be in the audience). 47 U.S.C. § 317; 47 C.F.R. § 73.1212. See ¶ 75 for a discussion of political programming rules. 47 C.F.R. §73.1208. 47 C.F.R. § 73.1920. 47 C.F.R. § 73.1201. Comments of UCC, et al., at 3-4; Comments of William T. Croghan, Jr. at 8 (advocating 50% locally originated programming); Comments of Gregory Caliri at 2 (advocating two-thirds locally originated programming); Comments of NLG at 25-26; Comments of Joseph
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3638A1.html
  • included information current only through January 10, 2002.3 One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic in reprisal for the FCC complaint, contrary to Commission policy prohibiting retaliatory conduct by licensees.4 Finally, two of the complainants alleged that the licensee violated the sponsorship identification rule, 47 C.F.R. 73.1212, by failing to identify that the station traded underwriting acknowledgments for contest prizes.5 By letter dated November 8, 2002, we inquired of Isothermal about these allegations,6 and thereafter received its response.7 III. DISCUSSION 3. Under section 503(b)(1) of the Act, any person who is determined by the Commission to have willfully or repeatedly failed to comply with any provision of
• http://transition.fcc.gov/eb/Orders/2003/DOC-241846A2.html
  • included information current only through January 10, 2002.3 One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic in reprisal for the FCC complaint, contrary to Commission policy prohibiting retaliatory conduct by licensees.4 Finally, two of the complainants alleged that the licensee violated the sponsorship identification rule, 47 C.F.R. 73.1212, by failing to identify that the station traded underwriting acknowledgments for contest prizes.5 By letter dated November 8, 2002, we inquired of Isothermal about these allegations,6 and thereafter received its response.7 III. DISCUSSION 3. Under section 503(b)(1) of the Act, any person who is determined by the Commission to have willfully or repeatedly failed to comply with any provision of
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3351A1.html
  • statement or the concealment of any material fact in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. S: 1001. Sincerely, Kris Anne Monteith Chief, Enforcement Bureau cc: Colby M. May, Esq. See Sections 317 and 507 of the Communications Act of 1934, as amended, codified at 47 U.S.C. S:S: 317 and 508, respectively, and Section 73.1212 of the Commission's rules, 47 C.F.R. S:S: 73.1212. Id. As to the disclosure obligation, Section 507(c) of the Act provides in pertinent part: [A]ny person who supplies to any other person any program or program matter which is intended for broadcasting over any radio station shall, in advance of such broadcast, disclose to such other person any information of which
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-152A1.html
  • Copps issuing a joint statement. I. Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find Sonshine Family Television, Inc. ("Sonshine"), licensee of Station WBPH-TV, Bethlehem, Pennsylvania, apparently liable for a forfeiture in the amount of forty thousand dollars ($40,000) for willfully and repeatedly violating Section 317(a)(1) of the Communications Act of 1934, as amended ("Act"), and Section 73.1212(a) of the Commission's rules. These provisions generally require a licensee to make sponsorship identification announcements whenever its station broadcasts matter in return for money, service, or other valuable consideration. We find that Sonshine, in exchange for consideration, broadcast five episodes of the program "The Right Side with Armstrong Williams" ("RSAW") on a total of ten occasions during the period January
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-27A1.html
  • CBS Radio, Inc. ("CBS Radio"). The Consent Decree terminates the investigation initiated by the Enforcement Bureau against CBS Radio as to whether CBS Radio and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules. 2. The Commission and CBS Radio have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against CBS Radio
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-28A1.html
  • (the "Commission") and Citadel Broadcasting Corp. ("Citadel"). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Citadel as to whether Citadel and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules. 2. The Commission and Citadel have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Citadel relating to
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-29A1.html
  • Channel Communications, Inc. ("Clear Channel"). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Clear Channel as to whether Clear Channel and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules. 2. The Commission and Clear Channel have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Clear Channel
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-42A1.html
  • (the "Commission") and Entercom Communications Corp. ("Entercom"). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Entercom as to whether Entercom and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules. 2. The Commission and Entercom have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Entercom relating to
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2167A1.html
  • investigation of alleged violations of the Sponsorship Identification Laws by Company, any Company Station, or any Company employee; (l) "Parties" means Company and the Commission; (m) "Rules" means the Commission's regulations found in Title 47 of the Code of Federal Regulations; (n) "Sponsorship Identification Laws" means, individually or collectively, 47 U.S.C. S: 317, 47 U.S.C. S: 508, 47 C.F.R. S: 73.1212, and/or any Commission policy relating to sponsorship identification or the practices commonly referred to as "payola" or "plugola"; and I. BACKGROUND 3. The Bureau and Company acknowledge that any proceedings that might result from the Investigations and/or the Complaints will be time-consuming and will require substantial expenditure of public and private resources. 4. In order to conserve such resources, and
• http://transition.fcc.gov/eb/Orders/2009/DA-09-559A1.html
  • the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and 6 Johnson Road Licenses, Inc., controlled by Pamal Broadcasting Ltd. (collectively, "6 Johnson Road"). The Consent Decree terminates the investigation initiated by the Bureau against 6 Johnson Road for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules regarding sponsorship identification. 2. The Bureau and 6 Johnson Road have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-108A1.html
  • FORFEITURE ORDER Adopted: December 4, 2009 Released: December 7, 2009 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the "Act"), we find that Sonshine Family Television, Inc. ("Sonshine"), licensee of Station WBPH-TV, Bethlehem, Pennsylvania, willfully and repeatedly violated Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules by failing to air required sponsorship identification announcements. Based on a review of the facts and circumstances, we find Sonshine liable for a forfeiture in the amount of $32,000. II. BACKGROUND 2. This case arises from several thousand complaints filed with the Commission in January 2005, alleging payola violations involving Armstrong Williams ("Williams"). The complaints, citing
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1722A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and ACC Licensee, Inc. ("Licensee"). The Consent Decree terminates the investigation initiated by the Bureau against the Licensee for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules, regarding sponsorship identification. 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
• http://transition.fcc.gov/eb/Orders/2010/DA-10-2313A1.html
  • Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Tri-State Public Communications, Inc. (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 317, 399B, and 507 of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.1212 of the Commission's Rules regarding the broadcast of sponsorship identification and underwriting announcements over Station WHDD-FM, Sharon, Connecticut (the "Station"). 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree
• http://transition.fcc.gov/eb/Orders/2010/DA-10-45A1.html
  • adopt the attached Consent Decree entered into by the Enforcement Bureau and the Media Bureau of the Federal Communications Commission (the "Bureaus") and Univision Radio, Inc. ("Univision"). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Univision for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's Rules. 2. The Enforcement Bureau and Univision have negotiated the terms of a Consent Decree that resolves these matters, and the Media Bureau has concurred. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1170A1.html
  • In this Forfeiture Order, we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Fox Television Stations, Inc. ("Fox" or "the Licensee"), licensee of Station KMSP-TV, Minneapolis, Minnesota ("Station KMSP-TV" or "the Station"). We find that Fox willfully violated section 317 of the Communications Act, as amended ("the Act"), and the Commission's sponsorship identification rule, section 73.1212 of the Commission's rules. II. BACKGROUND 2. This case arises from a complaint jointly filed by Free Press and the Center for Media and Democracy ("CMD") alleging that Fox's Station KMSP-TV aired a Video News Release ("VNR") produced for General Motors without also airing the required sponsorship identification announcement. The Enforcement Bureau ("Bureau") issued a letter of inquiry to the
• http://transition.fcc.gov/eb/Orders/2011/DA-11-521A1.html
  • In this Notice of Apparent Liability for Forfeiture ("NAL"), we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Fox Television Stations, Inc. ("Fox" or "the Licensee"), licensee of Station KMSP-TV, Minneapolis, Minnesota ("Station KMSP-TV" or "the Station"), for its apparent willful violation of section 317 of the Communications Act, as amended ("the Act"), and section 73.1212 of the Commission's rules. As discussed below, we find that Fox apparently violated section 317 of the Act and the Commission's sponsorship identification rule. II. BACKGROUND 2. The Commission received a complaint jointly filed by Free Press and the Center for Media and Democracy ("CMD") alleging that Fox's Station KMSP-TV had aired a Video News Release ("VNR") produced for General
• http://transition.fcc.gov/eb/Orders/2011/DA-11-523A1.html
  • of Apparent Liability for Forfeiture ("NAL"), we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Access.1 New Jersey License Company, LLC ("Access.1" or "the Licensee"), licensee of Station WMGM-TV, Wildwood, New Jersey ("Station WMGM-TV" or "the Station"), for its apparent willful violation of section 317 of the Communications Act, as amended ("the Act"), and section 73.1212 of the Commission's rules. As discussed below, we find that Access.1 apparently violated section 317 of the Act and the Commission's sponsorship identification rule. II. BACKGROUND 2. The Commission received a complaint jointly filed by Free Press and the Center for Media and Democracy ("CMD") alleging that Access.1's Station WMGM-TV had aired a Video News Release ("VNR") produced for Matrixx
• http://transition.fcc.gov/eb/Orders/2011/DA-11-888A1.html
  • Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Emmis Austin Radio Broadcasting Company, L.P. (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and section 73.1212 of the Commission's Rules, regarding sponsorship identification. 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
• http://transition.fcc.gov/eb/Orders/2012/FCC-12-16A1.html
  • 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we assess a monetary forfeiture in the amount of forty-four thousand dollars ($44,000) against Radio License Holding XI, LLC ("Radio License" or the "Licensee"), licensee of Station WLS(AM), Chicago, Illinois ("the Station"), for its apparent willful violation of section 317 of the Communications Act, as amended ("the Act"), and section 73.1212 of the Commission's rules. These provisions generally require a licensee to make sponsorship identification announcements whenever it broadcasts matter in return for money, service, or other valuable consideration. As discussed below, we find that Radio License apparently violated section 317 of the Act and the Commission's sponsorship identification rule. II. BACKGROUND 2. The Commission received a complaint alleging that, on
• http://transition.fcc.gov/eb/Orders/da002314.doc http://transition.fcc.gov/eb/Orders/da002314.html http://transition.fcc.gov/eb/Orders/da002314.txt
  • 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find AMFM Licenses, L.L.C. (``AMFM''), licensee of Station WKQI(FM), Detroit, Michigan, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for a violation of Section 317(a)(1) of the Communications Act of 1934, as amended, 47 U.S.C. § 317(a)(1), and Section 73.1212 of the Commission's rules, 47 C.F.R. § 73.1212, which requires licensees, among other things, to make sponsorship identification announcements whenever a station broadcasts matter in return for money, service, or other valuable consideration. We find that AMFM broadcast a record, ``On A Day Like Today'' by Bryan Adams, in consideration for Mr. Adams' agreement to appear at a concert sponsored
• http://transition.fcc.gov/eb/Orders/da002315.doc http://transition.fcc.gov/eb/Orders/da002315.html http://transition.fcc.gov/eb/Orders/da002315.txt
  • By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find AMFM Texas Licenses Limited Partnership (``AMFM''), licensee of Station KHKS(FM), Denton, Texas, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for violating Section 317(a)(1) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 317(a)(1), and Section 73.1212 of the Commission's rules, 47 C.F.R. § 73.1212, which requires licensees, among other things, to make sponsorship identification announcements whenever a station broadcasts matter in return for money, service, or other valuable consideration. We find that AMFM broadcast a record, ``On A Day Like Today'' by Bryan Adams, as part of an agreement with A&M Records under which the station
• http://transition.fcc.gov/eb/Orders/da002873.doc http://transition.fcc.gov/eb/Orders/da002873.html http://transition.fcc.gov/eb/Orders/da002873.txt
  • radio station for which money, service, or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person. 47 U.S.C. § 317(a)(1). Similarly, Section 73.1212(a) of the Commission's rules provides: When a broadcast station transmits any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such station, the station, at the time of the broadcast, shall announce: (1) That such matter is sponsored, paid for, or furnished, either in whole or
• http://transition.fcc.gov/eb/bc-chklsts/EB18LPFM06_2008.pdf
  • it is in operation? [See 73.878(a)] H. POLITICAL FILE: LPFM licensees are to have a complete record of all requests for broadcast time made by or on behalf of candidates for public office, together with an appropriate notation showing the disposition made by the licensee of such requests, and the charges made, if any, if the request was granted. [See 73.1212 and 73.1943] 11. POLITICAL: Is this station maintaining a political file in accordance with Section 73.1943(a-c)? 12. RETENTION: Are these records retained for a period of two years? [See 73.1943(c)] I. TELEPHONE CONVERSATIONS: Before recording a telephone conversation for broadcast, or broadcasting such a conversation simultaneously with its occurrence, a licensee shall inform any party to the call of the
• http://transition.fcc.gov/eb/broadcast/sponsid.html
  • [15]Help | [16]Advanced | [17]Share Section 317 of the Communications Act of 1934, as amended, 47 U.S.C. 317, requires broadcasters to disclose to their listeners or viewers if matter has been aired in exchange for money, services or other valuable consideration. The announcement must be aired when the subject matter is broadcast. The Commission has adopted a rule, 47 C.F.R. 73.1212, which sets forth the broadcasters' responsibilities to make this sponsorship identification Section 507 of the Communications Act, 47 U.S.C. 508, requires that, when anyone provides or promises to provide money, services or other consideration to someone to include program matter in a broadcast, that fact must be disclosed in advance of the broadcast, ultimately to the station over which the
• http://transition.fcc.gov/eb/otherinfo/fcc97218.html
  • vacated guidelines, violations were seldom considered "minor violations" that would require reductions of 50 percent to 90 percent of the base amount and reductions were, therefore, illusory. For example, NAB indicated that a downward adjustment for a minor violation should apply when a rule encompasses multiple requirements, for example, maintaining all necessary records in the "public files", 47 C.F.R. ' 73.1212. NAB Comments, 6-7. Additionally, some commenters contended that forfeitures should be upwardly adjusted only when the violator knows that it has deliberately violated the Commission's rules. See e.g., PageNet Comments, 8. 26. We agree with the commenters that there were difficulties associated with applying the adjustment factor ranges. Although the percentage ranges were designed as guidelines for adjusting the forfeiture
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [454]TEXT [455]PDF 73.1201 Station identification. [456]TEXT [457]PDF 73.1202 Retention of letters received from the public. [458]TEXT [459]PDF 73.1206 Broadcast of telephone conversations. [460]TEXT [461]PDF 73.1207 Rebroadcasts. [462]TEXT [463]PDF 73.1208 Broadcast of taped, filmed, or recorded material. [464]TEXT [465]PDF 73.1209 References to time. [466]TEXT [467]PDF 73.1210 TV/FM dual-language broadcasting in Puerto Rico. [468]TEXT [469]PDF 73.1211 Broadcast of lottery information. [470]TEXT [471]PDF 73.1212 Sponsorship identification; list retention; related requirements. [472]TEXT [473]PDF 73.1213 Antenna structure, marking and lighting. [474]TEXT [475]PDF 73.1215 Specifications for indicating instruments. [476]TEXT [477]PDF 73.1216 Licensee-conducted contests. [478]TEXT [479]PDF 73.1217 Broadcast hoaxes. [480]TEXT [481]PDF 73.1225 Station inspections by FCC. [ [482]Inspection Fact Sheet ] [483]TEXT [484]PDF 73.1226 Availability to FCC of station logs and records. [485]TEXT [486]PDF 73.1230 Posting of station
• http://transition.fcc.gov/fcc-bin/audio/nature.html
  • sold by nonprofit organizations, including the station itself. 1982 Order at 907. It is our belief that in order for the audience to be informed about the sponsor of these offerings, the nonprofit organization sponsoring the offering should be clearly identified in the announcement, a requirement in keeping with the mandate of Section 317 of the Communications Act and [65]Section 73.1212 of our rules. Guidelines covering announcements for the sale of program-related materials by for-profit entities were not changed by our 1982 Order. Thus, such announcements are permitted so long as the licensee (1) receives no consideration for the announcement; and (2) the materials are offered on the basis of public interest considerations and not the private economic interests of the
• http://www.fcc.gov/Bureaus/Cable/Public_Notices/1997/fcc97034.pdf http://www.fcc.gov/Bureaus/Cable/Public_Notices/1997/fcc97034.txt http://www.fcc.gov/Bureaus/Cable/Public_Notices/1997/fcc97034.wp
  • Guidelines are in fact providing useful information to parents, and will consider any needed changes to them. Mr. William F. Caton January 17, 1997 Page 5 The icons will occupy 40 scan lines on the television screen. This is twice the size that the 19 Commission determined to be adequate for sponsor identifications on political advertising. See 47 C.F.R. § 73.1212(a)(2)(ii); Codification of the Commission's Political Programming Policies, 7 FCC Rcd. 1616 (1992). Notably, the Telecommunications Act does not require distributors of video programming to display ratings on-screen, and the legislative history also includes no suggestion that stations would do so. Broadcasters and cable networks nonetheless decided to carry the on-screen icon to ensure that parents would have access to this
• http://www.fcc.gov/Bureaus/Compliance/Orders/1997/fcc97218.doc http://www.fcc.gov/Bureaus/Compliance/Orders/1997/fcc97218.pdf http://www.fcc.gov/Bureaus/Compliance/Orders/1997/fcc97218.txt
  • vacated guidelines, violations were seldom considered "minor violations" that would require reductions of 50 percent to 90 percent of the base amount and reductions were, therefore, illusory. For example, NAB indicated that a downward adjustment for a minor violation should apply when a rule encompasses multiple requirements, for example, maintaining all necessary records in the "public files", 47 C.F.R. ( 73.1212. NAB Comments, 6-7. Additionally, some commenters contended that forfeitures should be upwardly adjusted only when the violator knows that it has deliberately violated the Commission's rules. See e.g., PageNet Comments, 8. 26. We agree with the commenters that there were difficulties associated with applying the adjustment factor ranges. Although the percentage ranges were designed as guidelines for adjusting the forfeiture
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002314.doc
  • 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find AMFM Licenses, L.L.C. (``AMFM''), licensee of Station WKQI(FM), Detroit, Michigan, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for a violation of Section 317(a)(1) of the Communications Act of 1934, as amended, 47 U.S.C. § 317(a)(1), and Section 73.1212 of the Commission's rules, 47 C.F.R. § 73.1212, which requires licensees, among other things, to make sponsorship identification announcements whenever a station broadcasts matter in return for money, service, or other valuable consideration. We find that AMFM broadcast a record, ``On A Day Like Today'' by Bryan Adams, in consideration for Mr. Adams' agreement to appear at a concert sponsored
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002315.doc
  • By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find AMFM Texas Licenses Limited Partnership (``AMFM''), licensee of Station KHKS(FM), Denton, Texas, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for violating Section 317(a)(1) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 317(a)(1), and Section 73.1212 of the Commission's rules, 47 C.F.R. § 73.1212, which requires licensees, among other things, to make sponsorship identification announcements whenever a station broadcasts matter in return for money, service, or other valuable consideration. We find that AMFM broadcast a record, ``On A Day Like Today'' by Bryan Adams, as part of an agreement with A&M Records under which the station
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002873.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002873.txt
  • radio station for which money, service, or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person. 47 U.S.C. § 317(a)(1). Similarly, Section 73.1212(a) of the Commission's rules provides: When a broadcast station transmits any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such station, the station, at the time of the broadcast, shall announce: (1) That such matter is sponsored, paid for, or furnished, either in whole or
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.doc http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.txt
  • District of Columbia Circuit has declared the some of the Commission's EEO policies and rules unconstitutional, and remanded certain aspects of these policies and rules to the Commission for further consideration. Lutheran Church-Missouri Synod v. FCC, 141 F.3d 344, 393 (1998). As indicated below, the Commission's EEO policies and rules are the subject of an ongoing proceeding. 47 C.F.R. § 73.1212. 47 C.F.R. § 73.670. Fifth Report and Order, 12 FCC Rcd at 18826, ¶ 42. 47 U.S.C. § 336(a). (``If the Commission determines to issue additional licenses for advanced television services, the Commission (1) should limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a television station or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.htm http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/fcc96335.wp
  • that the Commission would be forced to decide whether particular programs serve the educational and informational needs of children. We note that it is standard practice in the broadcast industry for stations to make various on-air announcements promoting their programming. We further note that under longstanding Commission rules, stations must make station identification and sponsorship announcements. See 47 C.F.R. 73.1201, 73.1212. b. Program Guides Television stations currently submit programming information to programming guides, which publish such information without cost to the broadcasters. See 60 supra. Our current rules do not require broadcasters to provide this information to the guides. However, it has become a well-established practice to provide specialized information about programs, such as which programs are closed captioned for the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.wp
  • program material from Federal Communications Commission FCC 98-236 345NAB Opposition at 7 citing Cable Television Consumer Protection And Competition Act of 1992, Public L. No. 102-385, § 2(a)(12) and Children's Television Act, Pub. L. No. 101-437, § 101. 346NAB Opposition at 8 citing 47 U.S.C. § 315(a) and 47 U.S.C. § 312(a)(7). 347NAB Opposition at 8 citing 47 C.F.R. § 73.1212(a)(2)(ii). 348NCTA Opposition at 9. See also NAB Opposition at 6. 349NCTA Opposition at 9. See also NAB Opposition at 6. 350NCTA Opposition at 9. See also NAB Opposition at 6. 351NCTA Opposition at 9. See also NAB Opposition at 6. 352NAD/CAN Reply at 9. 353Id. 354Id. 355Id. 356Id. 48 advertising.345 NAB asserts that NAD/CAN's proposal to mandate captioning of political
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.wp
  • a requirement without notice or comment, it should be deleted.75 They request that, in the event we retain the requirement, we define the phrase "donors supporting specific programs," and set forth a procedure by which such donor lists can be maintained over the two-year retention period.76 Federal Communications Commission FCC 99-118 77 See 47 USC § 317; 47 CFR § 73.1212; Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, BC Docket No. 21136, 90 FCC 2d 895, 896 n. 7 (1982). 78 See 90 FCC 2d 895, 901. 79 See 90 FCC 2d 895, 901 n. 18 (1982) (general reference to minor contributors must also include a statement advising the public that a complete donor list is maintained through
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • good engineering practice. Section 73.593-Subsidiary communications services. Section 73.1015-Truthful written statements and responses to Commission inquiries and correspondence. Section 73.1030-Notifications concerning interference to radio astronomy, research and receiving installations. Section 73.1201-Station identification. Section 73.1206-Broadcast of telephone conversations. Section 73.1207-Rebroadcasts. Section 73.1208-Broadcast of taped, filmed, or recorded material. Section 73.1210-TV/FM dual-language broadcasting in Puerto Rico. Section 73.1211-Broadcast of lottery information. Section 73.1212-Sponsorship identification; list retention; related requirements. Section 73.1213-Antenna structure, marking and lighting. Section 73.1216-Licensee-conducted contests. Section 73.1217-Broadcast hoaxes. Section 73.1230-Posting of station license. Section 73.1250-Broadcasting emergency information. Section 73.1300-Unattended station operation. Section 73.1400-Transmission system monitoring and control. Section 73.1520-Operation for tests and maintenance. Section 73.1540-Carrier frequency measurements. Section 73.1545-Carrier frequency departure tolerances. Section 73.1570-Modulation levels: AM, FM, and TV aural. Section
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
  • at 1. See 47 U.S.C. § 309(a). See Report and Order, BC Docket No. 78-253, 51 RR 2d 476 (1982) (Low Power Television R&O). 18 U.S.C. § 1464; 47 C.F.R. § 73.3999 (prohibits broadcasting of indecent material from 6:00 a.m. until 10:00 p.m., hours when children are likely to be in the audience). 47 U.S.C. § 317; 47 C.F.R. § 73.1212. See ¶ 75 for a discussion of political programming rules. 47 C.F.R. §73.1208. 47 C.F.R. § 73.1920. 47 C.F.R. § 73.1201. Comments of UCC, et al., at 3-4; Comments of William T. Croghan, Jr. at 8 (advocating 50% locally originated programming); Comments of Gregory Caliri at 2 (advocating two-thirds locally originated programming); Comments of NLG at 25-26; Comments of Joseph
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd001222.html
  • CARRIERS. Addressed requirement that carriers submit initial slamming complaints reports on February 15, 2001. (Dkt No. 94-129). Action by: Chief, Accounting Policy Division, Common Carrier Bureau. Adopted: 12/21/2000 by ORDER. (DA No. 00-2790). CCB [40]DA-00-2790A1.pdf [41]DA-00-2790A1.doc [42]DA-00-2790A1.txt NORML FOUNDATION. Terminated investigation of complaint that five television networks violated sponsorship identification requirements of section 317 of the Communications Act and section 73.1212 of the Commission's rules. Action by: Chief, Enforcement Bureau. Adopted: 12/20/2000 by LETTER. (DA No. 00-2873). ENF [43]DA-00-2873A1.pdf [44]DA-00-2873A1.doc [45]DA-00-2873A1.txt CONSTELLATION COMMUNICATIONS HOLDINGS, INC., ET AL.. Granted the Motion for Extension of Time filed by The Boeing Company and extended to January 16 time to file replies. Action by: Chief, Satellite Radiocommunication Division, International Bureau. Adopted: 12/22/2000 by ORDER. (DA
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-239921A1.html
  • Ministry, licensee of radio station WLWZ-LP. 2. On April 30, 2003 and May 1, 2003, an agent of the Commission's Detroit Office monitored radio station WLWZ-LP located at Cassopolis, Michigan, and observed the following violation(s): 2.a. 47 C.F.R. 73.503(d): ``Each station shall furnish a nonprofit and noncommercial broadcast service. Noncommercial educational FM broadcast stations are subject to the provisions of 73.1212 to the extent they are applicable to the broadcast of programs produced by, or at the expense of, or furnished by others. No promotional announcement on behalf of for profit entities shall be broadcast at any time in exchange for the receipt, in whole or in part, of consideration to the licensee, its principals, or employees. However, acknowledgements of contributions
• http://www.fcc.gov/eb/Orders/2003/DA-03-3638A1.html
  • included information current only through January 10, 2002.3 One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic in reprisal for the FCC complaint, contrary to Commission policy prohibiting retaliatory conduct by licensees.4 Finally, two of the complainants alleged that the licensee violated the sponsorship identification rule, 47 C.F.R. 73.1212, by failing to identify that the station traded underwriting acknowledgments for contest prizes.5 By letter dated November 8, 2002, we inquired of Isothermal about these allegations,6 and thereafter received its response.7 III. DISCUSSION 3. Under section 503(b)(1) of the Act, any person who is determined by the Commission to have willfully or repeatedly failed to comply with any provision of
• http://www.fcc.gov/eb/Orders/2003/DOC-241846A2.html
  • included information current only through January 10, 2002.3 One complainant also alleged that Isothermal had engaged in intimidating conduct by having its employee send unsolicited and harassing e-mail traffic in reprisal for the FCC complaint, contrary to Commission policy prohibiting retaliatory conduct by licensees.4 Finally, two of the complainants alleged that the licensee violated the sponsorship identification rule, 47 C.F.R. 73.1212, by failing to identify that the station traded underwriting acknowledgments for contest prizes.5 By letter dated November 8, 2002, we inquired of Isothermal about these allegations,6 and thereafter received its response.7 III. DISCUSSION 3. Under section 503(b)(1) of the Act, any person who is determined by the Commission to have willfully or repeatedly failed to comply with any provision of
• http://www.fcc.gov/eb/Orders/2007/DA-07-3351A1.html
  • statement or the concealment of any material fact in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. S: 1001. Sincerely, Kris Anne Monteith Chief, Enforcement Bureau cc: Colby M. May, Esq. See Sections 317 and 507 of the Communications Act of 1934, as amended, codified at 47 U.S.C. S:S: 317 and 508, respectively, and Section 73.1212 of the Commission's rules, 47 C.F.R. S:S: 73.1212. Id. As to the disclosure obligation, Section 507(c) of the Act provides in pertinent part: [A]ny person who supplies to any other person any program or program matter which is intended for broadcasting over any radio station shall, in advance of such broadcast, disclose to such other person any information of which
• http://www.fcc.gov/eb/Orders/2007/FCC-07-152A1.html
  • Copps issuing a joint statement. I. Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find Sonshine Family Television, Inc. ("Sonshine"), licensee of Station WBPH-TV, Bethlehem, Pennsylvania, apparently liable for a forfeiture in the amount of forty thousand dollars ($40,000) for willfully and repeatedly violating Section 317(a)(1) of the Communications Act of 1934, as amended ("Act"), and Section 73.1212(a) of the Commission's rules. These provisions generally require a licensee to make sponsorship identification announcements whenever its station broadcasts matter in return for money, service, or other valuable consideration. We find that Sonshine, in exchange for consideration, broadcast five episodes of the program "The Right Side with Armstrong Williams" ("RSAW") on a total of ten occasions during the period January
• http://www.fcc.gov/eb/Orders/2007/FCC-07-27A1.html
  • CBS Radio, Inc. ("CBS Radio"). The Consent Decree terminates the investigation initiated by the Enforcement Bureau against CBS Radio as to whether CBS Radio and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules. 2. The Commission and CBS Radio have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against CBS Radio
• http://www.fcc.gov/eb/Orders/2007/FCC-07-28A1.html
  • (the "Commission") and Citadel Broadcasting Corp. ("Citadel"). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Citadel as to whether Citadel and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules. 2. The Commission and Citadel have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Citadel relating to
• http://www.fcc.gov/eb/Orders/2007/FCC-07-29A1.html
  • Channel Communications, Inc. ("Clear Channel"). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Clear Channel as to whether Clear Channel and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules. 2. The Commission and Clear Channel have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Clear Channel
• http://www.fcc.gov/eb/Orders/2007/FCC-07-42A1.html
  • (the "Commission") and Entercom Communications Corp. ("Entercom"). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Entercom as to whether Entercom and its direct and indirect subsidiaries that hold FCC authorizations may have violated the sponsorship identification requirements set forth in Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules. 2. The Commission and Entercom have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Entercom relating to
• http://www.fcc.gov/eb/Orders/2008/DA-08-2167A1.html
  • investigation of alleged violations of the Sponsorship Identification Laws by Company, any Company Station, or any Company employee; (l) "Parties" means Company and the Commission; (m) "Rules" means the Commission's regulations found in Title 47 of the Code of Federal Regulations; (n) "Sponsorship Identification Laws" means, individually or collectively, 47 U.S.C. S: 317, 47 U.S.C. S: 508, 47 C.F.R. S: 73.1212, and/or any Commission policy relating to sponsorship identification or the practices commonly referred to as "payola" or "plugola"; and I. BACKGROUND 3. The Bureau and Company acknowledge that any proceedings that might result from the Investigations and/or the Complaints will be time-consuming and will require substantial expenditure of public and private resources. 4. In order to conserve such resources, and
• http://www.fcc.gov/eb/Orders/2009/DA-09-559A1.html
  • the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and 6 Johnson Road Licenses, Inc., controlled by Pamal Broadcasting Ltd. (collectively, "6 Johnson Road"). The Consent Decree terminates the investigation initiated by the Bureau against 6 Johnson Road for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules regarding sponsorship identification. 2. The Bureau and 6 Johnson Road have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
• http://www.fcc.gov/eb/Orders/2009/FCC-09-108A1.html
  • FORFEITURE ORDER Adopted: December 4, 2009 Released: December 7, 2009 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the "Act"), we find that Sonshine Family Television, Inc. ("Sonshine"), licensee of Station WBPH-TV, Bethlehem, Pennsylvania, willfully and repeatedly violated Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules by failing to air required sponsorship identification announcements. Based on a review of the facts and circumstances, we find Sonshine liable for a forfeiture in the amount of $32,000. II. BACKGROUND 2. This case arises from several thousand complaints filed with the Commission in January 2005, alleging payola violations involving Armstrong Williams ("Williams"). The complaints, citing
• http://www.fcc.gov/eb/Orders/2010/DA-10-1722A1.html
  • By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and ACC Licensee, Inc. ("Licensee"). The Consent Decree terminates the investigation initiated by the Bureau against the Licensee for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's rules, regarding sponsorship identification. 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
• http://www.fcc.gov/eb/Orders/2010/DA-10-2313A1.html
  • Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Tri-State Public Communications, Inc. (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of Sections 317, 399B, and 507 of the Communications Act of 1934, as amended, and Sections 73.503(d) and 73.1212 of the Commission's Rules regarding the broadcast of sponsorship identification and underwriting announcements over Station WHDD-FM, Sharon, Connecticut (the "Station"). 2. The Bureau and the Licensee have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree
• http://www.fcc.gov/eb/Orders/2010/DA-10-45A1.html
  • adopt the attached Consent Decree entered into by the Enforcement Bureau and the Media Bureau of the Federal Communications Commission (the "Bureaus") and Univision Radio, Inc. ("Univision"). The Consent Decree terminates the investigations initiated by the Enforcement Bureau against Univision for possible violations of Sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and Section 73.1212 of the Commission's Rules. 2. The Enforcement Bureau and Univision have negotiated the terms of a Consent Decree that resolves these matters, and the Media Bureau has concurred. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
• http://www.fcc.gov/eb/Orders/2011/DA-11-1170A1.html
  • In this Forfeiture Order, we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Fox Television Stations, Inc. ("Fox" or "the Licensee"), licensee of Station KMSP-TV, Minneapolis, Minnesota ("Station KMSP-TV" or "the Station"). We find that Fox willfully violated section 317 of the Communications Act, as amended ("the Act"), and the Commission's sponsorship identification rule, section 73.1212 of the Commission's rules. II. BACKGROUND 2. This case arises from a complaint jointly filed by Free Press and the Center for Media and Democracy ("CMD") alleging that Fox's Station KMSP-TV aired a Video News Release ("VNR") produced for General Motors without also airing the required sponsorship identification announcement. The Enforcement Bureau ("Bureau") issued a letter of inquiry to the
• http://www.fcc.gov/eb/Orders/2011/DA-11-521A1.html
  • In this Notice of Apparent Liability for Forfeiture ("NAL"), we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Fox Television Stations, Inc. ("Fox" or "the Licensee"), licensee of Station KMSP-TV, Minneapolis, Minnesota ("Station KMSP-TV" or "the Station"), for its apparent willful violation of section 317 of the Communications Act, as amended ("the Act"), and section 73.1212 of the Commission's rules. As discussed below, we find that Fox apparently violated section 317 of the Act and the Commission's sponsorship identification rule. II. BACKGROUND 2. The Commission received a complaint jointly filed by Free Press and the Center for Media and Democracy ("CMD") alleging that Fox's Station KMSP-TV had aired a Video News Release ("VNR") produced for General
• http://www.fcc.gov/eb/Orders/2011/DA-11-523A1.html
  • of Apparent Liability for Forfeiture ("NAL"), we assess a monetary forfeiture in the amount of four thousand dollars ($4,000) against Access.1 New Jersey License Company, LLC ("Access.1" or "the Licensee"), licensee of Station WMGM-TV, Wildwood, New Jersey ("Station WMGM-TV" or "the Station"), for its apparent willful violation of section 317 of the Communications Act, as amended ("the Act"), and section 73.1212 of the Commission's rules. As discussed below, we find that Access.1 apparently violated section 317 of the Act and the Commission's sponsorship identification rule. II. BACKGROUND 2. The Commission received a complaint jointly filed by Free Press and the Center for Media and Democracy ("CMD") alleging that Access.1's Station WMGM-TV had aired a Video News Release ("VNR") produced for Matrixx
• http://www.fcc.gov/eb/Orders/2011/DA-11-888A1.html
  • Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Emmis Austin Radio Broadcasting Company, L.P. (the "Licensee"). The Consent Decree terminates an investigation by the Bureau against the Licensee for possible violations of sections 317 and 507 of the Communications Act of 1934, as amended (the "Act"), and section 73.1212 of the Commission's Rules, regarding sponsorship identification. 2. The Bureau and the Licensee have negotiated the terms of a Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would
• http://www.fcc.gov/eb/Orders/2012/FCC-12-16A1.html
  • 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we assess a monetary forfeiture in the amount of forty-four thousand dollars ($44,000) against Radio License Holding XI, LLC ("Radio License" or the "Licensee"), licensee of Station WLS(AM), Chicago, Illinois ("the Station"), for its apparent willful violation of section 317 of the Communications Act, as amended ("the Act"), and section 73.1212 of the Commission's rules. These provisions generally require a licensee to make sponsorship identification announcements whenever it broadcasts matter in return for money, service, or other valuable consideration. As discussed below, we find that Radio License apparently violated section 317 of the Act and the Commission's sponsorship identification rule. II. BACKGROUND 2. The Commission received a complaint alleging that, on
• http://www.fcc.gov/eb/Orders/da002314.doc http://www.fcc.gov/eb/Orders/da002314.html http://www.fcc.gov/eb/Orders/da002314.txt
  • 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find AMFM Licenses, L.L.C. (``AMFM''), licensee of Station WKQI(FM), Detroit, Michigan, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for a violation of Section 317(a)(1) of the Communications Act of 1934, as amended, 47 U.S.C. § 317(a)(1), and Section 73.1212 of the Commission's rules, 47 C.F.R. § 73.1212, which requires licensees, among other things, to make sponsorship identification announcements whenever a station broadcasts matter in return for money, service, or other valuable consideration. We find that AMFM broadcast a record, ``On A Day Like Today'' by Bryan Adams, in consideration for Mr. Adams' agreement to appear at a concert sponsored
• http://www.fcc.gov/eb/Orders/da002315.doc http://www.fcc.gov/eb/Orders/da002315.html http://www.fcc.gov/eb/Orders/da002315.txt
  • By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find AMFM Texas Licenses Limited Partnership (``AMFM''), licensee of Station KHKS(FM), Denton, Texas, apparently liable for a forfeiture in the amount of four thousand dollars ($4,000) for violating Section 317(a)(1) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 317(a)(1), and Section 73.1212 of the Commission's rules, 47 C.F.R. § 73.1212, which requires licensees, among other things, to make sponsorship identification announcements whenever a station broadcasts matter in return for money, service, or other valuable consideration. We find that AMFM broadcast a record, ``On A Day Like Today'' by Bryan Adams, as part of an agreement with A&M Records under which the station
• http://www.fcc.gov/eb/Orders/da002873.doc http://www.fcc.gov/eb/Orders/da002873.html http://www.fcc.gov/eb/Orders/da002873.txt
  • radio station for which money, service, or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person. 47 U.S.C. § 317(a)(1). Similarly, Section 73.1212(a) of the Commission's rules provides: When a broadcast station transmits any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such station, the station, at the time of the broadcast, shall announce: (1) That such matter is sponsored, paid for, or furnished, either in whole or
• http://www.fcc.gov/eb/broadcast/sponsid.html
  • [15]Help | [16]Advanced | [17]Share Section 317 of the Communications Act of 1934, as amended, 47 U.S.C. 317, requires broadcasters to disclose to their listeners or viewers if matter has been aired in exchange for money, services or other valuable consideration. The announcement must be aired when the subject matter is broadcast. The Commission has adopted a rule, 47 C.F.R. 73.1212, which sets forth the broadcasters' responsibilities to make this sponsorship identification Section 507 of the Communications Act, 47 U.S.C. 508, requires that, when anyone provides or promises to provide money, services or other consideration to someone to include program matter in a broadcast, that fact must be disclosed in advance of the broadcast, ultimately to the station over which the
• http://www.fcc.gov/eb/otherinfo/fcc97218.html
  • vacated guidelines, violations were seldom considered "minor violations" that would require reductions of 50 percent to 90 percent of the base amount and reductions were, therefore, illusory. For example, NAB indicated that a downward adjustment for a minor violation should apply when a rule encompasses multiple requirements, for example, maintaining all necessary records in the "public files", 47 C.F.R. ' 73.1212. NAB Comments, 6-7. Additionally, some commenters contended that forfeitures should be upwardly adjusted only when the violator knows that it has deliberately violated the Commission's rules. See e.g., PageNet Comments, 8. 26. We agree with the commenters that there were difficulties associated with applying the adjustment factor ranges. Although the percentage ranges were designed as guidelines for adjusting the forfeiture
• http://www.fcc.gov/fcc-bin/audio/DA-07-2746A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2746A1.pdf
  • described by Section 204(a) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. §§ 309(k)(2), 309(k)(3). 47 C.F.R. § 73.1940. See 47 U.S.C. § 317; see also 47 C.F.R. § 73.1212. Michael D. Bramble, Memorandum Opinion and Order, 58 FCC 2d 565, 571 (1976). See American Broadcasting Companies, Inc., Memorandum Opinion and Order, 86 FCC 2d 3, 10-11 (1981); Hunger in America, Memorandum Opinion, 20 FCC 2d 143, 150-51 (1969); Black Producer's Association, By Direction Letter, 70 FCC 2d 1920, 1928 (1979); WPIX, Inc., Decision, 68 FCC 2d 381, 384-86 (1978);
• http://www.fcc.gov/fcc-bin/audio/DA-07-3838A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3838A1.pdf
  • and Entercom, and terminated its inquiry into payola allegations involving Entercom. The Order determined that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Entercom relating to the investigation of whether it or any of its respective subsidiaries that hold FCC authorizations violated Sections 317 and 507 of the Act, and/or Section 73.1212 of the Rules. The Commission concluded that ``nothing in the record before us creates a substantial and material question of fact in regard to these matters as to whether Entercom and its direct or indirect subsidiaries that hold FCC authorizations possess the basic qualifications, including character qualifications, to hold or obtain any FCC licenses or authorizations.'' We find that the
• http://www.fcc.gov/fcc-bin/audio/DA-07-3865A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3865A1.pdf
  • Communications Co. v. F.C.C., 857 F.2d 1556, 1561 (D.C. Cir. 1988) (``Astroline''). See also Rocky Mountain Radio Co., LLP, Memorandum Opinion and Order, 15 FCC Rcd 7166, 7167 (1999). Petition at 2. While Howard does not specify the rules or statutes he believes have been violated, we presume that he is claiming that UW violated 47 C.F.R. §§ 73.503(d) and 73.1212, insofar as he alleges that the talk shows were broadcast at the expense of certain parties, who were not identified, who paid UW for the ``focus group'' research gleaned from the programming. Petition at 1. Declaration of Wayne Roth (``Roth Declaration''), attached to Opposition, paras. 5, 10. See also Declaration of Steve Scher (``Scher Declaration''), attached to Opposition, para. 3.
• http://www.fcc.gov/fcc-bin/audio/DA-07-4343A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4343A1.pdf
  • were incomplete. In opposition, the Licensee argues that Citizens is a political action committee that is not authorized by any political candidate to expend funds on any candidate's behalf. Accordingly, as an ``issue'' advertiser and not an entity requesting station time on behalf of a legally qualified candidate for public office, Citizens falls under the sponsorship identification provisions of Section 73.1212(e) of the Rules rather than the candidate advertising requirements of Section 73.1943(a). The Licensee claims that it met its local public inspection file requirements with respect to the Citizens for Integrity in Politics' spots. We find that the Licensee is correct in its characterization of Citizens as an ``issue'' advertiser, and thus its reliance on Section 73.1212(e) of the Rules
• http://www.fcc.gov/fcc-bin/audio/DA-07-4701A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4701A1.pdf
  • a lending institution's determination that an entity is creditworthy or that a buyer's business model or financing strategy is sound. We decline to do so here. 9. Character Qualifications. Royce asserts that Entercom has repeatedly violated the Commission's indecency guidelines, and the sponsorship identification rule and prohibition against ``payola'' contained in Sections 317 and 508 of the Act and Section 73.1212 of the Rules (collectively, the ``Sponsorship Identification Rules''). In its Opposition, Entercom argues that Royce has failed to submit any specific allegations of fact sufficient to show that grant of the Applications is prima facie inconsistent with the public interest, convenience, and necessity or to raise a substantial and material question of fact concerning Entercom's qualifications to be an FCC
• http://www.fcc.gov/fcc-bin/audio/DA-08-495A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-495A1.pdf
  • specifically indicates that ``the Licensee does not admit to any Potential Violation.'' Id. at ¶ 11. Those matters remain before the Enforcement Bureau. Accordingly, we decline to consider any of these unspecified ``potential violations'' in connection with this proceeding. Payola is a violation of the sponsorship identification requirements, codified at 47 U.S.C. §§ 317 and 508, and 47 C.F.R. § 73.1212. These laws requires that employees of broadcast stations, program producers, program suppliers and others who have accepted or agreed to receive payments, services, or other valuable consideration for airing material must disclose this fact. Disclosure provides broadcasters the information they need to let their audiences know if material was paid for, and by whom. Entercom Communications Corp., Order, 22 FCC
• http://www.fcc.gov/fcc-bin/audio/DA-09-403A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-403A1.pdf
  • a file of listener complaints. The Schademann Objection also cites certain practices that it categorizes as ``playola/plugola'', but it fails to provide any specific information, claiming that ``calls-to-action and self-promotion by various programmers and their guests . . . are too numerous to mention but can be heard on any given day.'' Schademann Objection at 2; see 47 C.F.R. § 73.1212 (sponsorship identification requirements). This portion of the Schademann Objection not only appears to involve a misinterpretation of our Rules, but also lacks sufficient information to present a substantial and material question of fact. Powers Objection at 1 (``I witnessed what I consider to be egregious examples of misconduct, poor leadership and an overall disregard for the stated mission of the
• http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.pdf
  • Current Magazine, January 19, 2004. We note that if the supplementary 32 kbps digital signal of a multiplexed station fails, it does not blend back into the analog channel; instead, the receiver mutes that channel. See Leslie Stimson, Is Radio Heading for a Split? RADIO WORLD, March 1, 2004. See NPR February 19, 2002 Comments at 5-6. 47 C.F.R. § 73.1212. See Advanced Television Systems and Their Impact on the Existing Television Broadcast Service, 12 FCC Rcd 12809, 12835 (1997). See 47 U.S.C. § 310(d) (``No construction permit or station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such
• http://www.fcc.gov/fcc-bin/audio/FCC-81-204A1.pdf
  • b'lSedsolelyuponthecontentofparticularbroadcastmatter. 15.Thecurrentdualsystemofbroadcastingconsistingofcommer- cialandnoncommercialstationsisdependentupondifferencesinthe purpose;support,andoperationofthetwocl'lSsesofstations. Althoughthesedifferenceshavenotbeeencompletelyenumerated,the presentdistinctionh'lShadanimportantrelationtothesourceof operatingrevenuesforthetwotypesofstations.Publicstationshave reliedprimarilyongovernmentandprivatecontributions;paivate commercialstationshavereliedprimarilyuponrevenuepaidin considerationfortheairingofadvertisingtopromotegoodsand services.Solongasthecommercial/noncommercialdistinctionis maintainedandnotmodified,weagreewiththeparties:assertions thatprogrammingbroadcastinreturnforreceiptofconsiderationand usedtopromotethesaleofgoodsandservicesisnotal'propriatefor noncommercialbroadcasting.Thus,proscriptionsbasedonthesecrite- riabothnarrowlydefineandspecificallyfurthertheimportant government:interestinpreservingthecharacterofnoncommercial broadcasting,anddosoinawaythatishighlyprotectiveofFirst Amendmentrights.· . . 16.Wealsoagreewiththepartiesthatannouncementspromoting thesaleofproductsandservicesthatarebroadcastbecausethe licenseebelievesthemtobeofpublicinterestdonotalwaysdenigrate thepurposesandobjectivesofpublicbroadcasting.Adoptionofa "considerationforbroadcast"rulewillprovideanobjectivemethodfor determiningcertainpermissiblebroadCastmatter.Inviewofthese conclusions,weareamendingourr,ulestodaytomllkeclearthat, subjecttotheexceptionsetoutatparagraph18belowandthe Commission'srulesgenerally,onlyannouncementsorprogramsbroad- castinexchangeforconsiderationareproscribedonpublicbroadcast stations.Further,becauseofthedelicateFirstAmendmentimplica- tions,weareassertingourintentiontorespectthegoodfaith judgmentsofbroadcastersininterpretingthisruleandourintention toreviewthosejudgmentsonlywhereitappearsnecessaryinorderto protectthenoncommercialnatureofpublicbroadcasting. 17.Thisnewruleaddressesthecompellinggovernmentinterestin separatingpublicbroadcastingstationprogrammingdecisionsfrom commercialconsiderationsasmuchaspossible.Itdoesnotaddressthe compellinggovernmentinterestininsuringthatreservededucational frequenciesbeusedforeducational,instructional,andculturalpro- gramming.Thislatterinterestisthebasisforrulesrestrictingcertain broadcastmatterandisdiscussedinparagraphs42 &-43below. 18.Inadoptingaruleproscribingannouncementsbroadcastin 86F.C.C.2d 148 FederalCommunieatiimsCoinmissUmReports returnforconsideration,thequestionarisesofhowcontributionsof money,goodsoandservicesto fitwithintheproscriptiolL1 Suchcontributionsaremade;atleastinpart,inreturnfororwiththe expectationofbroadcastacknowledgments.Contributionstopublic licenseesconstituteaprinciplesourceoffinancingbroadcastopera- tions.Thissource,throughthefederal"matching"system,hasreceived Congressionalendorsementassound'publicpolicy.Moreover,itshould berecognizedthatannouncementsacknowledgingentitiescontribut- ingmoneyforparticularprogrampurposes must·bemade'in0many situationspursuanttoSection317oftheCommunicationsActand Section73.1212.oftheCommission'sRules.Theregulatorysystem adoptedtodaydoesnotchangetherequirementsofSection317and Section73.1212.The.Commissionbelievesthatdonoridentification announcementsareinformationalandappropriate.8 19.0Accordingly,.weareamendingSections73.503and73.621to deletelanguageproscribingannouncementswhichpromotethesaleof productsandservicesandarereplacingitwithlanguagestatingthat 7 Throughoutthecommenm,theparties repeated]Yassertthatasmorerestrictionsare placed' uponbl"oadca.st ofdonors,themore'reluctant donorsWill be to donateand- thatifpresentrestrictionswere}()()SlCned,moreentitieswouldbewilling tocontribute. Weagreeandnotethatsevererestnctionsuponastation'sabilityto foster fromthegeneralpublicmayhave·theunintendedresultof enhancin'gthedependencyofthese statiol18uponlargecommercial un4erwritersand upongovernmentfunds. 8 Section317(a){1)of theConununicationsAct-of1934,asamended,states:' Sec.317(a)(1).All_matter: byany radiostationforwhichanymoney, orothervaluableconsiderationisdirectlyorindirectly_paid,orpromisedto orchargedoracceptedby,thestationsobroadcasting,fromanyperson,shall,atthe timethesameissobroadcast, beannouncedaspaidfororfurnished.-asthecase may be,bysuchperson;Provided,'fJwi,"serviceorother val'l..Ulbte.consideratum!' shallnotincludeanyserviceorpropertyfurnished'witJunttchargeorata7UJmino1 chargeforUSf!on,orinconnectiffn- with,a broa.dcastunlessitis80furnishedin considerationforanidentifiCationinalmxukastofanyperson,prod:uct,serviC-e, tradem.ark,orbrandnamebeyondan_identifU;atio1twhich isreasmudJlyrelatedto th-euseofsuchserl.Jiceorpropertyont1I£broo..dtxuJt,(Emphasisadded), ThegistofSection317isasfollows:Allprogrammatterbroadcastforconsideration must besoidentifiedatthetimeofthebroadcast.However,goodsorservicesprovided atlittleornocostand usedonabroadcastareexempted,unlessprovidedin considerationforovertcommercialpromotion. Theexception,underlinedabove,iscommonlyrefeITed toas'theprovisoclause.In commercialbroadcastoperation,thi,slanguagepermit.slicenseestoomittheotherwise requiredspoJlS()ridentificationannoupcementswhenusingon-tbe-airan given to themwhenusedforitsusualpurpose,forexample,acargivenbyFordMotor Companyusedby
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  • CommissionPolicyConcerningthe NoncommercialNatureofEducational BroadcastStations. BCDocketNo. 21136 MEMORANDUMOPINIONANDORDER Adopted:July15,1982;Released:July30,1982 ByTHECOMMISSION:COMMISSIONERWASHBURNISSUINGAN ADDITIONALSTATEMENT. 1.The SecondReportandOrderinDocketNo.21136evaluatedthe financialneedsofpublicbroadcastersaswellastheirobligationtoprovide anoncommercialservice.1TheCommissionrelaxedcertainrestrictions onpublicbroadcasters'fundraisingactivities.Petitionsforreconsidera- tionand"clarification,andvariouscommentsinresponsethereto,were filedwiththecommissionconcerningthe SecondReport.Additionally,a petitionfordeclaratoryrulingwasfiledregardingtheimpactofthePublic BroadcastingAmendmentsactof1981(withparticularreferencetoSec- I SecondReportandOrder,86F.e.C.2d141(1981).Hereinafterreferredtoas"SecondReport." 90F.e.e.2d 896 FederalCommunicationsCommissionReports tions399Aand399BoftheCommunicationsAct)uponthe SecondRe- port.2TheSecondReportandSections399Aand399Bserveasimilar underlyingpurposeandachievesimilarends,byprovidingpublicbroad- casterstbeopportunitytoattractadditional!inancialsupportwhile focusinguponthenoncommercialnatureofpublicbroadcastingingener- al.Inlightofthebasicthrustofboththe SecondReport,andSections 399Aand399B,andintheinterestofexpeditingconsiderationofthe issuesraisedbythevariouspleadings,wewilladdresstherequestfor declaratoryrulingtogetherwiththepetitionsforreconsiderationand clarification.3 Background 2.Essentially,the SecondReportliberalizedpriorrestrictionsupon noncommercialbroadcastersbyamending47C.F.R.§73.503and47 C.F.R.§73.621to:(1)allowpublicbroadcasterstoairpromotionalan- nouncementswhendeemedinthepublicinterestandnoconsiderationfor suchannouncementsisreceived;4(2)eliminatethenameonlyrequire- mentfordonoracknowledgementsandpermitthebroadcastofinforma- tional,butnotpromotional,messages (i.e.,themessagesmayinclude suchinformationasthedonor'slogo,locationandproductlinesorserv- ices);and(3)deleteanylimitationsonthetimingandfrequencyofdonor acknowledgements.Theamendmentsweredesignedtofurthertheim- portantgovernmentalinterestinpreservingtheessentiallynoncommer- cialnatureofpublicbroadcasting withinaminimalregulatoryframe- workbyinsulatingpublicbroadcastersfromcommercialmarketplace pressuresanddecisions.oTheCommissionbelievesthattherulessatisfy constitutionalobjectionssincetheyarenarrowlyfashionedtoachievean importantgovernmentalinterest (i.e.,therulesprohibitthebroadcastof promotionalannouncements forconsideration---nomore,noless),6and thattherulessatisfythestatutorymandateof47U.S.C.§317(47C.F.R. §73.1212)sincethedonoracknowledgements,asallowed,betterinform thepublicastotheidentityofthesponsoringentities.7Moreover,itwas 2 Section1231oftheOmnibusBudgetReconciliationActof1981,P.L.97-35,97thCong.,1stSession (1981),amendedtheCommunicationsActbyaddingSections399Aand39gB. ByOrderofApril23,1981,theCommissionconsolidated.thepetitionsforreconsiderationand clarification. 4 Considerationisbroadlydefined"todenoteanythingofvaluegiveninexchangeforsomethingelseof SecondReport,811praat142. 5 SecondReport,supra,at142-143. 6 AregulationwhichinfringesuponFirstAmendmentrightsisvalidjf,itfurthersasubstantial governmentinterestandisnarrowlytailoredtoservethatinterest. U,S.v.O'BI'ieil,391U.S.367,377 (1968);CommunityServieeBroadcasr'illgq/MidAmerim,Ille.v,FCC,593F.2d1102,1111,1114(D.C. eir.,1978), 7 Section317basicallyrequiresastationtomakeanannouncementthattheprogrammingmaterialwas broadcastforconsideratiol').,unlesstheconsiderationconsistsofgoodsorservicesprovidedatlittleor 90F.e.C.2d EducationalBlcStations 897 hopedthatSections73.503and73.621,asamended,wouldenablenon- commercialbroadcasterstoattractadditionalrevenueandbroadentheir economicbase.Statedanotherway,itwasourhopethattheliberalization ofrestrictionsondonoracknowledgementswouldencouragemore contributors. 3.The SecondReportreflectedtheCommission'sdesiretostrike"a reasonablebalancebetweenthefinancialneedsof[publicbroadcast] stationsandtheirobligationtoprovideanessentiallynoncommercial broadcastservice"andeliminatethoseproscriptiveregulationsdeemed unnecessarytopreservethemedia'snoncommercialnature.Therecent amendmentstotheCommunicationsActrelatingtopublicbroadcasting reflectCongress'desiretoensurethatthepublictelecommunications mediaremainsfinanciallyviableinviewofsubstantialFederalfunding reductions,byencouragingandfacilitatingtheabilityofpublicbroadcast- erstogenerateadditionalprivatefinancialsupportwhichisnecessaryfor theircontinuedsurvival.8Inthisvein,Congress(1)createdtheTempo- raryCommissiononalternativeFinancingforPublicTelecommunications (TemporaryCommission)toundertakeastudyandaggressivelyexplore alternativesourcesoffunding,and(2)authorizedpublicbroadcastersto provideservices,facilitiesandproductsinexchangeforremuneration,so longassuchservices,facilitiesorproductswouldnotinterferewiththe deliveryofpublicbroadcastingservice.8Moreover,likethe SecondRe- port.Section399Apermitstheinclusionofnon-promotionalidentifying information(i. e.,thedonor'sauralvisuallogograms,slogansandlocation) nocostfornoncommercial,nonpromotionalpurposes.Thebasicpremiseofthesponsorshipidentifica- tionrequirementisthatthepublicisentitledtoknowbywhomtheyarebeingpersuaded.Ap- plicabilityofSponsorshipIde-«tificationRules,40F.G.C.141,141(1963). AccordingtotheHouseReport,oneoftheprimarypurposesofthelegislationwas"tofacilitateand encouragetheeffortsofpublicbroadcastinglicensestoseekanddevelopnew-sourcesofnon-Federal revenue,whichwillbenecessaryforthelongtermsupportofthesystemasFederalfundingis reduced."PublicBroadcastingAmendmentsActof1981,H.R.Rep.No.97-82,97thCong.,1st8ess., p.7(1981) (HouseReJX)'rt97-82). 9
• http://www.fcc.gov/fcc-bin/audio/FCC-86-161A1.pdf
  • orqualitativedescriptionsofthedonor'sproductsOrser- vices.Similarly,companysloganswhichcontaingeneral product-linedescriptionsareacceptableifnotdesignedto bepromotionalinnature.Visualdepictionsofspecific productsarepermissible.Wealsobelievethattheinclu- FCC86·161 FederalCommunicationsCommissionRecord 7FCCRcdNo.3 sianofatelephonenumberinan-acknowledgmentan- nouncementiswithinthesegeneralguidelinesand, therefore,permissible. Severalexamples-ofannouncementsthatwouldclearly violatetherulemay.behelpful: (A)Announcementscontainingpriceinformation arenot·permissible.Thiswouldincludeanyan- nouncementof-interestrateinforma"tionorother indicationofsavingsorvalueassociatedwiththe product.Anexampleofsuchanannouncementis: -"7.7%interestrateavailablenow." (B)Announcementscontainingacalltoactionare notpermissible.Examplesofsuchannouncements are: -"Stopbyourshowroomtoseeamodel"; -"TryproductXnexttimeyoubuyoil." (C)Announcementscontaininganinducementto buy,sell,rentorleasearenotpermissible..Exam- plesofsuchannouncementsare: -"Sixmonths'free -"Abortusavailablethisweektl; -"Specialgiftforthefirst50visitors." Additionally,examplesofproscribedproductmessages canbeseenintheinstanceswheretheCommissionhas assessedforfeituresorissuedlettersorwarningforrule violations.(Footnoteomitted.) WerepeatthattheCommissionwillcontinuetorelyon thegoodfaithdeterminationsofpublicbroadcastersin interpretingournoncommercializationguidelines.We emphasize,however,thatwewillreviewcomplaintsand. intheeventofclearabusesofdiscretion.willimplement appropriatesanctions,includingmonetaryforfeitures. PROGRAMRELATEDMATERIALS WehavereviewedtheCommission'spolicies'regarding theofferingofprogram-relatedmaterials.Wehavelooked carefullyatthisareabecauseithascometoourattention thatsuchofferingshavebeenused bynoncommercial licenseestoraisefundsforprogramaC'quisitionpurposes. anovelfundraisingdevice. Our/982Orderdealtwiththesaleofprogram-related materials.ItconcludedthatbecauseCongresshadap- proveddirectpromotionalfundraisingannouncements sponsoredbynonprofitorganizations.publicbroadcasters couldairannouncementspromotingprogram-relatedma- terialssoldbynonprofitorganizations,includingthesta- tionitself./982Orderat907.Itisourbeliefthatinorder fortheaudiencetobeinformedaboutthesponsorof theseofferings,thenonprofitorganizationsponsoringthe offeringshouldbeclearlyid.entifiedintheannouncement. 828 arequirementinkeepingwiththemandateofSection 317oftheCommunicationsActandSection73.1212of ourrules. Guidelinescoveringannouncementsforthe·saleofpro- gram-relatedmaterialsbyfor-profitentitieswerenot changedbyour1982Order.Thus,suchannouncements arepermittedsolongasthelicensee(1)receivesno considerationfortheannouncement;and(2)themateri- alsareofferedonthebasisofpublicinterestconsider- ationsandnottheprivateeconomicinterestsof'the offeror;or(3)thepriceofthematerialsofferedisonly nominal.SecondReportandOrder,86FCC2dat152.As notedabove,thenominalpricerequirementdoesnot applytoofferingssponsoredbynonprofitentities. *** ActionbytheCommissionApril10.1986(corrected April24,1986).CommissionersFowler(Chairman), QueUo.DawsonandPatrick. FEDERALCOMMUNICATIONSCOMMISSION FOOTNOTE I Section3l)9Bprovides,inpertinentpart: (a)Forpurposesofthissection,theterm"advertisement" meansanymessageorotherprogrammingmaterialwhich isbroadcastorotherwisetransmittedinexchangeforany remuneration.andwhichisintended·- (1)topromoteanyservice.facility,or-productofferedby anypersonwhoisengagedinsuch forprofit: (2)10expresstheviewsofanypersonwithrespecttoany matterofpublicimportanceorinterest:or (3)10supportoropposeanycandidateforpublicoffice.
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/rem19990515.html
  • own community's program needs. Section 399 of the Act, however, prohibits noncommercial educational stations from engaging in editorializing or supporting any candidate for political office. The content of any programming of noncommercial educational stations must abide with this provision of the Act. Should a candidate for public office choose to support or underwrite programming, the sponsorship identification rule of Sec. 73.1212 would require the station to identify the underwriter -- in the case that a "committee to elect" was the true sponsor, the identification should reflect that fact. Licensees should take special care in this area -- in the case of a political candidate, any promotional underwriting announcement made on the candidate's behalf, if made in exchange for consideration, would violate
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [454]TEXT [455]PDF 73.1201 Station identification. [456]TEXT [457]PDF 73.1202 Retention of letters received from the public. [458]TEXT [459]PDF 73.1206 Broadcast of telephone conversations. [460]TEXT [461]PDF 73.1207 Rebroadcasts. [462]TEXT [463]PDF 73.1208 Broadcast of taped, filmed, or recorded material. [464]TEXT [465]PDF 73.1209 References to time. [466]TEXT [467]PDF 73.1210 TV/FM dual-language broadcasting in Puerto Rico. [468]TEXT [469]PDF 73.1211 Broadcast of lottery information. [470]TEXT [471]PDF 73.1212 Sponsorship identification; list retention; related requirements. [472]TEXT [473]PDF 73.1213 Antenna structure, marking and lighting. [474]TEXT [475]PDF 73.1215 Specifications for indicating instruments. [476]TEXT [477]PDF 73.1216 Licensee-conducted contests. [478]TEXT [479]PDF 73.1217 Broadcast hoaxes. [480]TEXT [481]PDF 73.1225 Station inspections by FCC. [ [482]Inspection Fact Sheet ] [483]TEXT [484]PDF 73.1226 Availability to FCC of station logs and records. [485]TEXT [486]PDF 73.1230 Posting of station
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  • sold by nonprofit organizations, including the station itself. 1982 Order at 907. It is our belief that in order for the audience to be informed about the sponsor of these offerings, the nonprofit organization sponsoring the offering should be clearly identified in the announcement, a requirement in keeping with the mandate of Section 317 of the Communications Act and [19]Section 73.1212 of our rules. Guidelines covering announcements for the sale of program-related materials by for-profit entities were not changed by our 1982 Order. Thus, such announcements are permitted so long as the licensee (1) receives no consideration for the announcement; and (2) the materials are offered on the basis of public interest considerations and not the private economic interests of the
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [407]TEXT [408]PDF 73.1201 Station identification. [409]TEXT [410]PDF 73.1202 Retention of letters received from the public. [411]TEXT [412]PDF 73.1206 Broadcast of telephone conversations. [413]TEXT [414]PDF 73.1207 Rebroadcasts. [415]TEXT [416]PDF 73.1208 Broadcast of taped, filmed, or recorded material. [417]TEXT [418]PDF 73.1209 References to time. [419]TEXT [420]PDF 73.1210 TV/FM dual-language broadcasting in Puerto Rico. [421]TEXT [422]PDF 73.1211 Broadcast of lottery information. [423]TEXT [424]PDF 73.1212 Sponsorship identification; list retention; related requirements. [425]TEXT [426]PDF 73.1213 Antenna structure, marking and lighting. [427]TEXT [428]PDF 73.1215 Specifications for indicating instruments. [429]TEXT [430]PDF 73.1216 Licensee-conducted contests. [431]TEXT [432]PDF 73.1217 Broadcast hoaxes. [433]TEXT [434]PDF 73.1225 Station inspections by FCC. [ [435]Inspection Fact Sheet ] [436]TEXT [437]PDF 73.1226 Availability to FCC of station logs and records. [438]TEXT [439]PDF 73.1230 Posting of station
• http://www.fcc.gov/mb/audio/nature.html
  • sold by nonprofit organizations, including the station itself. 1982 Order at 907. It is our belief that in order for the audience to be informed about the sponsor of these offerings, the nonprofit organization sponsoring the offering should be clearly identified in the announcement, a requirement in keeping with the mandate of Section 317 of the Communications Act and [65]Section 73.1212 of our rules. Guidelines covering announcements for the sale of program-related materials by for-profit entities were not changed by our 1982 Order. Thus, such announcements are permitted so long as the licensee (1) receives no consideration for the announcement; and (2) the materials are offered on the basis of public interest considerations and not the private economic interests of the