Posted on January 23, 2011 by David Oxenford

Is Your Station Running the NAB Future of Television Spots? Are You Identifying Them As Issue Ads in Your Public File?

Many broadcasters, both television and radio, have been running the NAB spots on the Future of Television.  Those spots contain a description of the service available from local television stations and the new technologies that over-the-air television are in the process of deploying, and end with the suggestion that the Future of Broadcast Television lies in "technology not regulation from Washington DC."  Obviously, these ads are geared to address some of the many legislative and administrative issues facing TV broadcasters - including the proposals to take back some of the TV spectrum for wireless broadband uses.  Given that these spots could be arguably be seen as addressing Federal issues, to be safe, they should be identified as issue ads in stations' public inspection files, and appropriate information about those spots should be placed in the files.

The NAB, in announcing the availability of these spots, suggested this same precaution.  We've written before about issue ads, and the need to place notations in the public file about these ads. For instance, when stations ran ads on the broadcast performance royalty, we suggested that same treatment (and proponents of the royalty complained that broadcasters might not be making such notations).  What needs to go in the public file?  As the issues are Federal ones (as opposed to state and local issues that have lesser disclosure obligations), the requirements are similar to those that apply to political candidates. 

Specifically, when a station receives any request for time to address any issue dealing with a Federal matter (one to be considered by Congress, the President or any US government agency), the public file entry should include:

  • If the request to purchase time is accepted or rejected
  • If the ads are accepted, the dates on which the ad is run
  • The rates charged by the station (or in the case of the NAB spots, that there was no charge but the ads themselves were furnished at no charge)
  • Class of time purchased
  • The issue to which the ad refers
  • The name of the purchaser of the advertising time including:
    • The name, address and phone number of a contact person
    • A list of the chief executive officers or members of the executive committee or board of directors of the sponsoring organization.

Remember - issue ads don't implicate equal time or lowest unit rates - so taking these ads from the NAB should not be an issue for the station in terms of triggering any obligations for spots taking a contrary view.  But note the broadcast of these issue ads in your public file just to avoid any issues about whether "issue ad" obligations were met.

 
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Posted on May 3, 2009 by David Oxenford

Remember FCC Public File Obligations When Running Issue Advertising

We’re not even in what most would consider election season - except for the two states with off-year governor’s contests and those other states with various state and municipal elections. Yet political ads are running on broadcast stations across the country.  Republican groups have announced plans to run ads attacking certain Democratic Congressmen who are perceived as vulnerable, while certain Democratic interest groups have run ads about the positions of Republicans on the Obama stimulus package and the President’s proposed budget.   In addition to these ads targeting specific potential candidates, there are issue ads running across the country on various issues pending before Congress, or likely to be considered by Congress in the near term. These ads often have a tag line “write or call your Congressman and tell him to vote No” on whatever bill is being discussed. While these are not ads for political candidates that require lowest unit rates or specific equal opportunities, they do give rise to political file issues.  Stations need to remember to observe these requirements and put the required information into their public file to avoid FCC issues.

Under provisions of the Bipartisan Campaign Reform Act, when a station runs an ad addressing a “Federal issue”, the station must keep in its public file essentially all the same information about the ad that it would maintain for a candidate ad. The station must identify the spot and the schedule that its sponsor has purchased, the identify of the sponsor (name, address and list of principal executive officers or directors), the class of time purchased, and the price paid for the ads.  Federal issues are ones that deal with a Federal election or with any issue to be considered by Congress or any Federal government agency.

Even ads dealing with state or local issues (e.g. school bond issues, zoning disputes, state ballot initiatives) require some public file disclosures.  While stations do not need to provide information about the entire schedule and the price of spots purchased in connection with controversial issues of state or local importance, they do need to maintain in their public file a list of the sponsoring organization's chief executive officers, the members of its executive committee, or its directors.  Maintain those files – and stay out of potential FCC trouble.
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