The affiliates associations for ABC, NBC, CBS and FOX television stations have collectively filed a petition for clarification of the FCC’s Report and Order on its sponsorship identification requirements for foreign government-provided programming on broadcast UHF and/or VHF facilities.
The joint petition was filed July 19, and the FCC’s Media Bureau has now responded by opening up a comment period seeking public input on the petition.
The rules enacted by the Commission require disclosure for broadcast programming aired through a leased airtime agreement sponsored by any entity or individual that is a foreign government, a foreign political party, an agent acting on behalf of such entities, or a U.S.-based foreign media outlet based on definitions drawn from the Foreign Agents Registration Act of 1938 and the Communications Act of 1934.
The Report and Order requires broadcasters to make certain inquiries of those parties leasing airtime on a station to determine whether the programming requires a disclosure.
What’s of concern to the affiliate groups?
They want the FCC to provide a clarification that the rules do not apply when a station “sells time to advertisers in the normal course of business.”
That’s in contrast to when it leases time on a broadcast TV station.
According to the Affiliates, the Commission’s reference to “traditional short-form advertising” in paragraph 28 of the Report and Order has caused confusion among some of the local TV stations that are affiliate group members.
What does the Media Bureau seek?
“To the extent those commenting on the Petition agree with Affiliates’ concerns, we encourage such participants to provide objective criteria that could distinguish between advertising and arrangements for the lease of airtime,” it says. “For example, commenters are encouraged to articulate specific characteristics that might distinguish what they consider to be advertising from a lease of airtime on a station, such as duration, content, editorial control, or differences in the nature of the contractual relationship between the third-party and the station.”
The comment date is September 2. The reply comment date is September 17.
