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Broadcasters Must Certify Advertising Contracts are Not Discriminatory

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Released: March 22, 2011

NEWS
Federal Communications Commission

News Media Information 202 / 418-0500

445 12th Street, S.W.

Internet: http://www.fcc.gov

Washington, D. C. 20554

TTY: 1-888-835-5322

This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action.
See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).

FOR IMMEDIATE RELEASE

:

NEWS MEDIA CONTACT:

March 22, 2011
David Fiske (202) 418-0513
Email: david.fiske@fcc.gov

FCC ENFORCEMENT BUREAU RELEASES ADVISORY ON REQUIREMENT

FOR BROADCASTERS TO CERTIFY THAT ADVERTISING CONTRACTS

ARE NON-DISCRIMINATORY


NEWS
Federal Communications Commission

News Media Information 202 / 418-0500

445 12th Street, S.W.

Internet: http://www.fcc.gov

Washington, D. C. 20554

TTY: 1-888-835-5322

This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action.
See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).

FOR IMMEDIATE RELEASE

:

NEWS MEDIA CONTACT:

March 22, 2011
David Fiske (202) 418-0513
Email: david.fiske@fcc.gov

FCC ENFORCEMENT BUREAU RELEASES ADVISORY ON REQUIREMENT

FOR BROADCASTERS TO CERTIFY THAT ADVERTISING CONTRACTS

ARE NON-DISCRIMINATORY


Washington, D.C. The Federal Communications Commission's Enforcement Bureau today released an
Enforcement Advisory to alert commercial television and radio broadcasters to an important new
requirement to certify that their advertising sales contracts contain nondiscrimination clauses and do not
discriminate on the basis of race or ethnicity.
FCC Chairman Julius Genachowski said, "It should be clear from today's advisory that the Commission will
vigorously enforce its rules against discrimination in advertising sales contracts. As the Commission stated
in its order adopting the rule, discrimination simply has no place in broadcasting."
A new Form 303-S, used for broadcast license renewals, was announced by the Media Bureau on Monday,
March 14, 2011 (DA 11-489). The revised form requires the certification described above. Today's
Enforcement Advisory explains that the new requirement is aimed at advertising contracts that contain "no
urban/no Spanish" dictates, by which advertisers and their agencies intentionally by-pass urban and Latino
stations, supposedly because the client has dictated that its ads not be placed with those outlets. Commercial
broadcasters must complete the certification in order to renew their broadcast licenses. If they cannot
affirmatively certify that their advertising agreements do not discriminate on the basis of race or ethnicity,
they must explain why this should not be an impediment to granting the station's license renewal application.
The broadcaster's response and explanation will be considered by the Commission in determining whether to
renew the license.
The Enforcement Advisory also designates a specific contact in the Enforcement Bureau to respond to
inquiries from the public and licensees. On issuing the Advisory, Michele Ellison, Chief of the Enforcement
Bureau said, "The advisory puts everyone on notice that the Commission has no tolerance for this type of
insidious discrimination. Our leadership has asked us to bring renewed focus to these important broadcasting
issues. We will work in close collaboration with the Media Bureau to give this new requirement meaning."
-FCC-
For more news and information about the FCC please visit: www.fcc.gov

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