THE PUBLIC AND BROADCASTING

Business Practices, Advertising Rates, and Profits. Except with respect to politicaladvertisements, we do not regulate a station's advertising rates or its profits. Rates chargedfor broadcast time are matters for negotiation between sponsors and stations. Further, except for certain classes of political advertisements (which we discuss elsewhere in this manual),stations are free to accept or reject any advertising.

Sponsorship Identification. Sponsorship identification or disclosure must accompanyany material that is broadcast in exchange for money, service, or anything else of value paidto a station, either directly or indirectly. This announcement must clearly say that the timewas purchased and by whom. In the case of advertisements for commercial products orservices, it is sufficient to announce the sponsor's corporate or trade name, or the name of thesponsor's product (where it is clear that the mention of the product constitutes a sponsorshipidentification).

Underwriting Announcements on Noncommercial-Educational Stations. Noncommercial educational stations may acknowledge contributions over the air, but theymay not promote the goods and services of for-profit donors or underwriters. Acceptable"enhanced underwriting" acknowledgements of for-profit donors may include (1) logogramsand slogans that identify but do not promote; (2) location information; (3) value-neutraldescriptions of a product line or service; and (4) brand names, trade names, and productservice listings. However, such acknowledgements may not interrupt a noncommercialstation's regular programming. [See Noncommercial Nature of Educational Broadcasting for additional information.]

Amount of Advertising. Except with respect to children's television programming,no law or regulation limits the amount of commercial matter that a station may broadcast. InTV programs aimed at children 12 and under, advertising may not exceed 10.5 minutes anhour on weekends and 12 minutes an hour on weekdays.

Loud Commercials. In surveys and technical studies of broadcast advertising, we havefound that loudness is a judgment that varies with each listener and is influenced by manyfactors (such as an announcement's content and style). We have also found no evidence thatstations deliberately raise audio and modulation levels to emphasize commercial messages.

Broadcast licensees have primary responsibility for the adoption of equipment and proceduresto avoid objectionably loud commercials. You should address any complaint about suchmessages to the station(s) involved. You should identify each message by the sponsor orproduct's name and by the date and time of the broadcast.

False or Misleading Advertising. The Federal Trade Commission has primaryresponsibility for determining whether an advertisement is false or deceptive and for takingaction against the sponsor. Also, the Food and Drug Administration has primaryresponsibility for the safety of food and drug products. You should contact these agenciesregarding advertisements that you believe may be false or misleading.

Offensive Advertising. Unless a broadcast advertisement is found to be in violation of aspecific law or regulation, the government cannot take action against it. If you think that anadvertisement is offensive because of the kind of item advertised, the scheduling of theannouncement, or the way the message is presented, then you should address your complaintdirectly to the stations and networks involved. This will help them become better informedabout audience opinion.

Tobacco and Alcohol. Federal law prohibits advertising for cigarettes, little cigars,smokeless tobacco, or chewing tobacco on radio, TV, or any other medium of electroniccommunication under the FCC's jurisdiction. The law does not ban the advertising ofsmoking accessories, cigars, pipes, pipe tobacco, or cigarette-making machines.

Congress has not enacted any law prohibiting broadcast advertising for any kind of alcoholicbeverage. Also, the FCC does not have a rule or policy regulating advertisements foralcoholic beverages.

Subliminal Programming. We sometimes receive complaints regarding the alleged useof subliminal techniques in radio and TV programming. Subliminal programming is designedto be perceived on a subconscious level only. Regardless of whether it is effective, the use ofsubliminal perception is inconsistent with a station's obligation to serve the public interestbecause the broadcast is intended to be deceptive.

Blanketing Interference. Some people who are close to a radio station's transmittingantenna may experience impaired reception of other stations. This is called "blanketing"interference. We require the station causing the interference to resolve most interferencecomplaints received within the first year of operation at no cost to the person complaining,provided that the person is located within the station's blanketing contour (115 dBu contourfor FM stations, 1 V/m contour for AM stations). However, stations are not required toresolve interference complaints based on malfunctioning or mistuned receivers, improperlyinstalled antenna systems, or the use of high gain antennas or antenna booster amplifiers. Mobile receivers and non-radio frequency (RF) devices such as tape recorders or CD playersare also excluded. Stations are not financially responsible for resolving interferencecomplaints located outside the blanketing contour. However, we encourage broadcasters tocooperate with complaining parties by giving them technical help.

How to Resolve Interference Problems. If you believe that you are receiving blanketingor any other type of interference, we encourage you to first communicate directly to thestation allegedly causing the interference. If the station does not satisfactorily resolve theproblem, you can mail, fax, or e-mail a complaint to us at the following address:

[ Additional information is available in the CIB Interference Handbook and CIB Telephone InterferenceBulletin, from the FCC's Compliance and Information Bureau.]

Comments to Stations and Networks. We encourage you to write directly to stationmanagement and network officials to comment on broadcast service. These are the peoplewho are responsible for selecting the station's programs and announcements. Letters tostations and networks keep them informed about audience needs and interests, as well as onpublic opinion on specific material. Individuals and groups can often resolve problems withstations at the local level.

Comments to the FCC. We give full consideration to the comments and inquiries wereceive about broadcasting. As stated above, we encourage you to first contact the station ornetwork directly about programming issues. If your concerns are not resolved this way, youcan mail, fax, or e-mail a complaint about a radio or TV station to us at the followingaddress:

In addition to (or instead of) filing a complaint, you can file a petition to deny an applicationthat a station has filed, such as a license renewal application. (This is discussed earlier inthemanual). For further information on filing a petition to deny an application, please consultour rules or contact an attorney. You may read our rules online on our home page at www.fcc.gov

Some Activities That Are Not Regulated by the FCC. We license individual stationsonly. We do not license TV or radio networks (such as CBS, NBC, ABC, Fox, etc.), exceptas owners of particular stations.

We do not regulate information provided over the Internet.

We cannot regulate closed-circuit radio or television. Therefore, we do not control what iscarried over closed-circuit systems in, for example, department stores. We have no authorityover sports teams or leagues, or over the promoters of prizefights, rodeos, bullfights and otherexhibitions. Arrangements for broadcasting sports events and other exhibitions are made inprivate contracts between owners of the rights (such as sports teams or leagues) and thestations and/or networks involved.

We cannot regulate the production, distribution and rating of motion pictures; the publishingof newspapers, books, or other printed material; or the manufacture and distribution of audioand video recordings. We do not administer copyright laws. Other related groups andactivities that we do not regulate are newsgathering organizations (including pressassociations) that provide stations with news and comment; music-licensing organizations suchas ASCAP, BMI, and SESAC; record companies; and companies that measure the size andother characteristics of radio and TV audiences.

We do not intervene in private disputes involving stations. Instead, we let the parties, courts,or other agencies resolve them. For example, we do not intervene in conflicts involving thenondelivery of merchandise ordered through stations, or a station's failure to meet its payrollsor satisfy other debt claims.

Requirement to Maintain a Public Inspection File. Our rules require all TV and radiostations and applicants for new stations to maintain a file available for public inspectioncontaining documents relevant to the station's operation. The public inspection file generallymust be maintained at the station's main studio. To obtain the address and phone number ofa station's main studio, consult your local telephone directory or call information.

Purpose of the File. As discussed above, stations have an obligation to serve their localcommunity's needs and interests and to comply with certain programming and other rules. Because we do not monitor a station's programming, viewers and listeners are a vital sourceof information about the programming and possible rule violations. The documents in eachstation's public inspection file have information about the station that can assist the public inthis important role.

As discussed above, all stations have an obligation to cover important issues facing theircommunities, to comply with requirements governing use of their facilities by candidates forpublic office, and to refrain from airing indecent programming during times children arelikely to be in the audience. In addition, TV stations must air educational programming forchildren and limit the amount of advertising in children's programs. We encourage acontinuing dialogue between broadcasters and members of the public to ensure that stationsmeet their obligations and remain responsive to the needs of the local community.

Viewing the Public Inspection File. The station must make its public inspection fileavailable at its main studio at any time during regular business hours. Although you do notneed to make an appointment to view the file, making one may be helpful both to the stationand to you.

A station that chooses to maintain all or part of its public file in a computer database mustprovide you a computer terminal if you wish to review the file. If they want, they may alsopost their public file on the station's World Wide Web site on the Internet. If you want toview a station's public file over the Internet, you should ask the station if this is possible.

You may request copies of materials in the file by visiting the station in person. In addition,if the station's public file is located outside of its community of license (and you live withinthe station's service area and your request does not involve the station's political file), youmay also request copies of materials in the file over the telephone. To facilitate telephonerequests, we require stations to provide you a copy of this manual free of charge if you wantone. The manual can help you identify documents you may ask to have mailed to you. Stations can assist callers in this process and answer questions you may have about the actualcontents of the public file. This information includes, for example, the number of pages andtime periods covered by a particular ownership or children's television programming report,or the types of applications actually maintained in the station's public file and the dates theywere filed with the FCC. We also encourage (but do not require) stations to place thedescriptions of their public files on any Internet home page that they maintain. You pay forany photocopies, and the station may require a guarantee of payment in advance (such as witha deposit or a credit card). The station must pay postage for copies requested by telephone.

Contents of the File. Stations must keep the following materials in their publicinspection file:

• The License. Stations must keep a copy of their current FCC license in the public file, together with any material documenting FCC-approved modifications to the license. The license reflects the station's technical parameters (authorized frequency, call letters, operating power, transmitter location, etc.), as well as any special conditions imposed by the FCC on the station's operation. The license also indicates when it was issued and when it will expire.

• Applications and Related Materials. The public file must contain copies of all applications filed with the FCC that are still pending before either the FCC or the courts. These include applications to sell the station (technically known as "assigning" or "transferring" the license) or to modify its facilities (for example, to increase power, change the antenna system, or change the transmitter location).

  Also, the station must keep copies of any construction or sales application whose grant required us to waive our rules. Applications that required a waiver, together with any related material, will reflect the particular rule(s) that we waived.

  The station must also keep renewal applications that we granted for less than a full license term until final grant of their next renewal application. We may grant such short-term renewals when we are concerned about the station's performance over the previous term. These concerns will be reflected in the renewal-related material in the public file.

• Citizen Agreements. Stations must keep a copy of any written agreements they make with local viewers or listeners. These "citizen agreements" deal with programming, employment, or other issues of community concern. The station must keep these agreements in the public file for as long as they are in effect.

• Contour Maps. The public file must contain copies of any service contour maps or other information submitted with any application filed with the FCC that reflects the station's service contours and/or its main studio and transmitter location. These documents must stay in the file for as long as they remain accurate. Not all stations are required to have contour maps.

• Material Relating to an FCC Investigation or a Complaint. Stations must keep material relating to any matter that is the subject of an FCC investigation or a complaint that the station has violated the Communications Act or our rules. The station must keep this material until we notify it that the material may be discarded. Since we are not involved in disputes regarding matters unrelated to the Communications Act or our rules, stations do not have to keep material relating to such matters in the public file.

• Ownership Reports and Related Material. The public file must contain a copy of the most recent, complete Ownership Report filed for the station. This report has the names of the owners of the station and their ownership interests, lists any contracts related to the station that are required to be filed with the FCC, and identifies any interest held by the station licensee in other broadcast stations.

• List of Contracts Required to be Filed with the FCC. Stations have to keep either a copy of all the contracts that they have to file with us, or an up-to-date list identifying all such contracts. If the station keeps a list and you ask to see copies of the actual contracts, the station must give them to you within seven days.

  Contracts required to be maintained or listed in the public inspection file include:

  1. contracts relating to network service (network affiliation contracts);

  2. contracts relating to ownership or control of the licensee or permittee or its stock. Examples include articles of incorporation, bylaws, agreements providing for the assignment of a license or permit or affecting stock ownership or voting rights (stock options, pledges, or proxies), and mortgage or loan agreements that restrict the licensee or permittee's freedom of operation;

  3. management consultant agreements with independent contractors, and station management contracts that provide for a percentage of profits or sharing of losses.

• Political File. Stations must keep a file containing records of all requests for broadcast time made by or for a candidate for public office. The file must identify how the station responded to such requests and (if the request was granted) the charges made, a schedule of the time purchased, the times the spots actually aired, the rates charged, and the classes of time purchased. The file must also reflect any free time provided to a candidate. The station must keep the political records for two years after the spot airs. You can find the political broadcasting rules elsewhere in this manual.

• Annual Employment Reports and Related Material. We require all radio and TV stations to afford equal opportunity in employment. We also prohibit employment discrimination on the basis of race, color, religion, national origin, or sex. We require stations to file reports annually describing how they have complied with these policies. However, some of the specific rules implementing these policies were struck down by the D.C. Circuit Court in 1998. As a result, we are in the process of studying them to make them consistent with the court's requirements.

• Copies of this Manual. Stations must keep a copy of this manual in the public file. You can also read it on our Internet web site at http://www.fcc.gov/mmb/prd/docs/manual.html [see also Where to Obtain below].

• Letters and E-Mail from the Public. Commercial stations must keep written comments and suggestions received from the public regarding their operation for at least three years. Noncommercial stations are not subject to this requirement.

• Issues/Programs List. Every three months, all stations must prepare and place in their file a list of programs that have provided their most significant treatment of community issues during the preceding three months. The list must briefly describe both the issue and the programming where the issue was discussed. The stations must keep these lists for the entire license term.

• Children's Television Programming Reports. The Children's Television Act of 1990 and our rules require all TV stations to air programming that serves the educational and informational needs of children 16 and under, including programming that is specifically designed to serve such needs. In addition, commercial TV stations must make and retain Children's Television Programming Reports identifying the educational and informational programming for children aired by the station. (Noncommercial stations are not required to prepare these reports.) The report must include the name of the person at the station responsible for collecting comments on the station's compliance with the Children's Television Act. The station has to prepare these reports each calendar quarter, and it must place them in the public file separately from the file's other material. Stations must keep the reports for the remainder of their license terms. You can also view each station's reports on our web site at http://svartifoss.fcc.gov:8080/prod/kidvid/prod/kidvid.htm.

• Records Regarding Children's Programming Commercial Limits. The Children's Television Act of 1990 and our rules limit the type and amount of advertising that may be aired in TV programming directed to children 12 and under. On weekends, commercial television stations may air no more than 10.5 minutes of commercials per hour during children's programming, and no more than 12 minutes on weekdays. Stations must keep records that substantiate compliance with these limits for the remainder of the license term.

• Radio Time Brokerage Agreements. A time brokerage agreement is a type of contract that generally involves a station's sale of discrete blocks of air time to a broker, who then supplies the programming to fill that time and sells the commercial spot announcements to support the programming. Commercial radio stations must keep a copy of every agreement involving: (1) time brokerage of that station; or (2) time brokerage by any other station owned by the same licensee.

• List of Donors. Noncommercial TV and radio stations must keep a list of donors supporting specific programs for two years after the program airs.

• Local Public Notice Announcements. When someone files an application to build a new station or to renew, sell, or modify an existing station, we often require the applicant to make a series of local announcements to inform the public of the application's existence and nature. These announcements are either published in a local newspaper or made over the air on the station, and they are intended to give the public an opportunity to comment on the application. Copies of these announcements must be retained in the public inspection file.

• Must-Carry or Retransmission Consent Election. There are two ways that a broadcast TV station can choose to be carried on a cable TV system: "must-carry" and "retransmission consent."
  • Must-Carry. All TV stations are generally entitled to be carried on cable television systems in their local markets. A station that chooses to exercise this right receives no compensation from the cable system.
  • Retransmission Consent. Instead of exercising their "must-carry" rights, commercial TV stations may choose to receive compensation from a cable system in return for granting permission to the cable system to carry the station. This option is available only to commercial TV stations.

  Every three years, commercial TV stations must decide whether their relationship with each local cable system will be governed by must-carry or by retransmission consent agreements. Each commercial station must keep a copy of its decision in the public file for the three-year period to which it pertains.

  Noncommercial stations are not entitled to compensation in return for carriage on a cable system, but they may request mandatory carriage on the system. A noncommercial station making this request must keep a copy of the request in the public file for the duration of the period to which it applies.

The Public and Broadcasting is located on the FCC's Internet Web site at http://www.fcc.gov/mmb/prd/docs/manual.html.

• Word Perfect 5.1 format at http://www.fcc.gov/mmb/prd/docs/manual.wp

• Adobe PDF formatat http://www.fcc.gov/Bureaus/Mass_Media/Factsheets/pubbroad.pdf.

Additional information may be found at the Mass Media Bureau's Internet Web site, or at the Web sitesof its components:

• Audio Services Division
• Enforcement Division
• Policy and Rules Division
• Video Services Division