Where “The Public and Broadcasting” May Be Obtained
This manual provides a brief overview of the regulation of broadcast radio and television. It describes the Federal Communications Commission (FCC), the federal agency authorized by Congress to regulate broadcasting. It also discusses how broadcast stations are licensed, their obligation to serve their local communities, and other requirements relating to broadcast programming and advertising. This manual also describes the public inspection file, which contains documents relevant to the station’s operation. This file is maintained and made available to the public by all radio and TV stations.
This manual’s purpose is to provide information to help you encourage stations to provide high quality broadcasting service. We want you to become involved by contacting your local stations and (if necessary) us regarding your concerns about their programming or other matters related to the stations. An informed public plays a vital role in helping stations serve the local community’s needs. This manual will be updated periodically and maintained on our Internet home page at www.fcc.gov.
Our Internet home page also has a variety of other information about us, our rules, current FCC proceedings, and other issues. You may also call our toll-free number with specific questions at 1-888-CALL FCC (1-888-225-5322).
This manual provides only a general overview of our broadcast rules and policies. It is not intended to be a comprehensive or controlling statement of these rules and policies.
The Communications Act. The FCC was created by Congress in the Communications Act of 1934 for the purpose, in part, of “regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communications service….” (The word “radio” in its all-inclusive sense also applies to television.) The Communications Act authorizes the FCC to “make such regulations not inconsistent with law as it may deem necessary to prevent interference between stations and to carry out the provisions of [the] Act.”
How the FCC Adopts Regulations. Like most other federal agencies, the FCC cannot adopt regulations without first notifying and seeking comment from the public. We release a document called a Notice of Proposed Rule Making, where we explain the specific regulations we are proposing and set a deadline for public comment. After we have had a chance to hear from the public, we generally have several options. We can: (1) adopt the proposed rules; (2) adopt a modified version of the proposed rules; (3) ask for public comment on additional issues relating to the proposals; or (4) end the rule making proceeding without adopting any rules at all. You can find information about how to file comments in our rule making proceedings on our Internet web site at www.fcc.gov. You can also file comments electronically from this site. We also establish broadcast regulatory policies through individual cases that we decide.
The FCC and the Media Bureau. The FCC has five commissioners, who are appointed by the President and confirmed by the Senate. Under the commissioners are various operating bureaus, one of which is the Media Bureau. The Media Bureau has day-to-day responsibility for developing, recommending and administering the rules governing radio and television stations. These rules are in Title 47 of the Code of Federal Regulations (“CFR”), Parts 73 and 74. Our rules of practice and procedure are in Part 1 of Title 47.
FCC Regulation of Broadcast Radio and Television. The FCC allocates new stations based both on the relative needs of communities for additional broadcast outlets and on engineering standards that prevent interference between stations. Whenever we look at an application — whether to build, modify, renew or sell a station — we must determine if granting it would serve the public interest. This is required by the Communications Act. We expect stations to be aware of the important problems or issues in their communities and to foster public understanding by presenting some programs and/or announcements about local issues. However, broadcasters — not the FCC or any other government agency — are responsible for selecting all the material they air. The Communications Act prohibits us from censoring broadcast matter and, therefore, our role in overseeing the content of programming is very limited. We are authorized to fine a station or revoke its license if it has, among other things, aired obscene language, broadcast indecent language when children are likely to be in the audience, broadcast some types of lottery information, or solicited money under false pretenses.
Broadcast television stations and other types of TV channels (such as cable TV) are very different. Cable TV channels are available only by subscription and cannot be received over the air, and they are subject to different FCC rules than broadcast stations. Generally, this manual relates only to broadcast TV and radio stations. Please keep in mind that even if you can get a broadcast TV station on your cable system, it is still regulated as a broadcast station.
THE LICENSING OF TV AND RADIO STATIONS
Commercial and Noncommercial-Educational Stations. We license radio and TV stations to be either commercial or noncommercial-educational. Commercial stations generally support themselves by advertising. In contrast, noncommercial-educational stations (including public stations) generally support themselves by contributions from listeners and viewers, and they may also receive government funding. Noncommercial-educational stations may also receive contributions from for-profit entities, and they may acknowledge such contributions or underwriting donations with announcements naming and generally describing the entity. However, noncommercial-educational stations may not broadcast promotional announcements or commercials on behalf of for-profit entities. [See Noncommercial Nature of Educational Broadcasting for additional information.].
Applications to Build New Stations; Length of the License Period. Before you can build a new TV or radio station, you must first apply to the FCC for a construction permit. You must demonstrate that you are qualified to construct and operate as proposed in your application. After you build the station, you must file a license application, where you certify that you have constructed the station consistently with the construction permit. [ See How to Apply for a Broadcast Station for additional information.]
We license radio and TV stations for a period of up to eight years. Before we can renew a station’s license, we must first determine whether it has served the public interest. In addition, to have its license renewed, a station must certify that:
it has sent us certain specified reports that we require;
its ownership is consistent with Section 310(b) of the Communications Act, which restricts interests held by foreign governments and non-citizens;
there has not been a judgment against it by a court or administrative body under federal, state, or local law; and
it has placed certain specified material in its
public inspection file. (We discuss what has to go into the public inspection file later in this manual).
Employment Discrimination and Equal Employment Opportunity (“EEO”). 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 are in the process of studying various options to implement these policies in the form of specific rules that will comply with recent court decisions.
Public Participation in Licensing Process.
Renewal Applications. You can file a formal protest against a station by filing a formal petition to deny its renewal application, or by sending us an informal objection to the application. You must file a petition to deny the application by the end of the first day of the last full calendar month of the expiring license term. (For example, if the license expires on December 31, you have to file your petition by the end of the day on December 1). Before you file a petition to deny an application, you should check our rules and policies, to make sure that the petition complies with our procedural requirements. Before their licenses expire, stations have to broadcast announcements giving the date the license will expire, the date on which a renewal application must be filed, and the date by which formal petitions against it must be filed. You can file an informal objection at any point until we either grant or deny the application.
Other Types of Applications. You can also participate formally in the application process when a station is sold (technically called an
assignment of the license), undergoes a major stock transfer (technically called a
transfer of control), or proposes major construction. The station owner is required to run a series of advertisements in the closest local newspaper when it files these types of applications. Later, the FCC will also run a “
Public Notice” (all FCC Public Notices are placed on our Internet home page at www.fcc.gov) and open a 30 day period during which you may file petitions to deny these applications. As with renewal applications, you can also file an informal objection at any point until we either grant or deny the application.
BROADCAST PROGRAMMING: BASIC LAW AND POLICY
The FCC and Freedom of Speech. The First Amendment and federal law generally prohibit us from censoring broadcast material and from interfering with freedom of expression in broadcasting.
Individual radio and TV stations are responsible for selecting everything they broadcast and for determining how they can best serve their communities. Stations are responsible for choosing their entertainment programming, as well as their programs concerning local issues, news, public affairs, religion, sports events, and other subjects. They also decide how their programs (including call-in shows) will be conducted and whether to edit or reschedule material for broadcasting. We do not substitute our judgment for that of the station, and we do not advise stations on artistic standards, format, grammar, or the quality of their programming. This also applies to a station’s commercials, with the exception of commercials for political candidates during an election (which we discuss later in this manual).
Access to Station Facilities. Stations are not required to broadcast everything that is offered or suggested to them. Except as required by the Communications Act and our rules concerning personal attacks, political editorials, and the use of stations by candidates for public office (which are discussed later in this manual), stations have no obligation to have any particular person participate in a broadcast or to present that person’s remarks. Further, no federal law or rule requires stations to broadcast “public service announcements” of any kind.
Retention of Material Broadcast. We generally do not require stations to keep the material they broadcast. However, there are limited exceptions to this policy for personal attacks and political editorials.
Personal Attacks. Personal attacks occur when, during the presentation of views on a controversial issue of public importance, someone attacks the honesty, character, integrity, or like personal qualities of an identified person or group. No more than a week after a personal attack, the station must transmit the following three things to the person or group attacked: (1) notification of the date, time, and identification of the broadcast; (2) a tape, script or accurate summary of the attack; and (3) an offer of a reasonable opportunity to respond on the air.
Political Editorials. A political editorial is when a station endorses or opposes a legally qualified candidate(s) during a broadcast of its own opinion. (The opinions of other people broadcast over the station are referred to as “comments” or “commentary”). Whether a statement of opinion is an editorial or a commentary will usually be made clear at the beginning of the statement. Within 24 hours after the editorial, the station must transmit the following three things to the other qualified candidate(s) for the same office, or to the candidate(s) that were opposed: (1) notification of the date and time of the editorial; (2) a script or tape of the editorial; and (3) an offer of a reasonable opportunity for the candidate or a spokesperson for the candidate to respond on the air.
Station Identification. Stations must make identification announcements when they sign on and off for the day. They must also make the announcements hourly, as close to the hour as possible, at a natural programming break. TV stations may make these announcements on- screen or by voice only. Official station identification includes the station’s call letters followed by the community or communities specified in its license as the station’s location. Between the call letters and its community, the station may insert the name of the licensee, the station’s channel number, and/or its frequency. However, we do not allow any other insertion.
BROADCAST PROGRAMMING:
LAW AND POLICY ON SPECIFIC KINDS OF PROGRAMMING
Broadcast Journalism. Under the First Amendment and the Communications Act, the FCC cannot tell stations how to select material for news programs, and we cannot prohibit the broadcasting of an opinion on any subject. We also do not review anyone’s qualifications to gather, edit, announce, or comment on the news; these decisions are the station’s responsibility.
Political Broadcasting.
Broadcasts by Candidates for Public Office. When a qualified candidate for public office has been permitted to use a station, the Communications Act requires the station to “afford equal opportunities to all other such candidates for that office.” The Act also states that the station “shall have no power of censorship over the material broadcast” by the candidate. We do not consider either of the following two categories as a “use” that is covered by this rule:
An appearance by a legally qualified candidate on a bona fide newscast, interview or documentary (if the appearance of the candidate is incidental to the presentation of the subject covered by the documentary); or
on-the-spot coverage of a bona fide news event (including political conventions and related incidental activities).
Political Editorials. Within 24 hours of airing an editorial where the station itself either supports or opposes a candidate for public office, it must transmit the following three things to the other qualified candidate(s) for the same office or to the candidate who was opposed in the editorial: (1) notification of the date and the time of the editorial; (2) a script or tape of the editorial; and (3) an offer of a reasonable opportunity for the candidate or a spokesperson for the candidate to respond on the air.
Children’s Television Programming. Throughout its license term, every TV station must serve the educational and informational needs of children both through its overall programming, and through programming that is specifically designed to serve those needs.
Educational and Informational. We consider programming to be educational and informational if it in any respect furthers the educational and informational needs of children 16 years old and under (this includes their intellectual/cognitive or social/emotional needs).
Specifically Designed to Serve These Needs. A program is considered “specifically designed to serve educational and information needs of children” if: (1) that is its significant purpose; (2) it is aired between the hours of 7:00 a.m. and 10:00 p.m.; (3) it is a regularly scheduled weekly program; and (4) it is at least 30 minutes in length.
Commercial TV stations must identify programs specifically designed to educate and inform children at the beginning of the program, in a form left to their discretion, and must provide information identifying such programs to publishers of program guides. Additionally, in TV programs aimed at children 12 and under, advertising may not exceed 10.5 minutes an hour on weekends and 12 minutes an hour on weekdays.
Criticism, Ridicule, and Humor Concerning Individuals, Groups, and Institutions. The First Amendment’s guarantee of freedom of speech protects programming that stereotypes or otherwise offends people with regard to their religion, race, national background, gender, or other characteristics. It also protects broadcasts that criticize or ridicule established customs and institutions, including the government and its officials. If there is to be genuine free speech, people must be free to say things that the majority may abhor, not only things that the majority finds tolerable or congenial.
“Clear and Present Danger.” The Constitution protects advocacy of using force or of violating the law. However, the Supreme Court has said that the government may curtail speech if it is both: (1) intended to incite or produce dangerous activity; and (2) likely to succeed in achieving that result. Even where this “clear and present danger” test is met, we believe that any review that might lead to a curtailment of speech should be performed by the appropriate criminal law enforcement authorities, and not by the FCC.
Obscenity and Indecency. Federal law prohibits the broadcasting of obscene programming and regulates the broadcasting of “indecent” language.
Obscene speech is not protected by the First Amendment and cannot be broadcast at any time. To be obscene, material must have all three of the following characteristics:
an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
the material, taken as a whole, must lack serious literary, artistic, political, or scientific value.
Indecent speech is protected by the First Amendment and cannot be outlawed. However, the courts have upheld Congress’s prohibition of the broadcast of indecent speech during times of the day when there is a reasonable risk that children may be in the audience. Broadcasts that fall within the definition of indecency and that are aired between 6:00 a.m. and 10:00 p.m. are subject to indecency enforcement action by the FCC. Indecent speech is defined as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.”
Profanity that does not fall under one of the above two categories is fully protected by the First Amendment and cannot be regulated.
Violent Programming — The V-Chip and TV Program Ratings. Some members of the public have expressed concern about violent television programming and the impact this programming has on children. In response to these concerns, Congress passed a law in 1996 to require TV sets with screens 13 inches or larger to be equipped with “v-chip technology” — a device that allows parents to program their TV sets to block display of TV programming that carries a certain rating. This technology was developed together with a voluntary television rating system created by the television industry, which enables parents to identify programming which contains sexual, violent, or other indecent material they believe may be harmful to their children. The FCC has established rules requiring that by July 1, 1999, half of televisions with screens 13 inches and larger have the v-chip, and that by January 1, 2000, all such televisions have the v-chip.
Station-Conducted Contests. Stations that broadcast or advertise information about a contest that they conduct must fully and accurately disclose the material terms of the contest, and they must conduct the contest substantially as announced or advertised. Contest descriptions may not be false, misleading, or deceptive with respect to any material term. Material terms include the factors that define the operation of the contest and affect participation.
Broadcast Hoaxes. Broadcasting false information concerning a crime or a catastrophe violates the FCC’s rules if:
the station knew the information was false;
broadcasting the false information directly caused substantial public harm; and
it was foreseeable that broadcasting the false information would cause substantial public harm.
In this context, a “crime” is an act or omission that makes the offender subject to criminal punishment by law, and a “catastrophe” is a disaster or imminent disaster involving violent or sudden events affecting the public. “Public harm” must begin immediately; it must cause direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties.
Lotteries. Federal law prohibits broadcasting any advertisement for a lottery or any information concerning a lottery. A lottery is any game, contest, or promotion that contains the elements of prize, chance, and “consideration” (a legal term that means an act or promise that is made to induce someone into an agreement).
There are a number of exceptions to this prohibition. Some of the exceptions are: (1) lotteries conducted by a state acting under the authority of state law, where the advertisement or information is broadcast by a radio or TV station licensed to a location in that state or in any other state that conducts such a lottery; (2) gaming conducted by an Indian Tribe under the Indian Gaming Regulatory Act; (3) lotteries authorized or not otherwise prohibited by the state in which they are conducted, and which are conducted by a not-for-profit organization or a governmental organization; and (4) lotteries conducted as a promotional activity by commercial organizations that are clearly occasional and ancillary to the primary business of that organization, as long as the lotteries are authorized or not otherwise prohibited by the state in which they are conducted. The prohibition regarding lottery advertising is currently under review by the Supreme Court.
Soliciting Funds. No federal law prohibits broadcast requests for funds for legal purposes (including appeals by stations for contributions to meet their operating expenses) if the money or other valuable things contributed are used for the announced purposes. It is up to an individual station to decide whether to permit fund solicitations. Fraud by wire, radio or television is prohibited by federal law and may lead to FCC sanctions, as well as to criminal prosection by the U.S. Department of Justice.
Broadcasting Telephone Conversations. Before recording a telephone conversation for broadcast, or broadcasting a telephone conversation live, a station must inform any party to the call of its intention to broadcast the conversation. However, this does not apply to conversations whose broadcast can reasonably be presumed (for example, telephone calls to programs where the station customarily broadcasts the calls).
