FCC Issues New Renewal Requirement

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.

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 March 14.  The new 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.


Comments (7)

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Kathryn Miller says:

March 22, 2011 at 5:22 pm

So, broadcasters now have to do make-work because the FCC can’t regulate the advertisers? If it wasn’t the worst, but it’s sad, sad …

ali amirhooshmand says:

March 23, 2011 at 8:59 am

And how about those “No Kenny G” contract provisions?

Robert Crookham says:

March 23, 2011 at 11:02 am

So much for the “free market”…

Teri Green says:

March 23, 2011 at 4:22 pm

TV and Radio aren’t free markets. A free market means anyone with enough capital can also join in and compete. Since there are only a limited amount of radio or TV stations, this means there is no free market. If I want to run a TV station in Chicago and no one will sell me one, I can’t just start one on my own. I have to wait. Thus a where there is no free market, what there is of said market should be regulated

Warren Harmon says:

March 23, 2011 at 8:42 pm

I guess this means no water mellon and chitlin ads.

    Warren Harmon says:

    March 23, 2011 at 8:44 pm

    Ops, Chitterlings, sorry for the mis-spell, not my sort of dish.

Stephanie Harrison says:

March 24, 2011 at 8:11 am

more proof that the FCC needs to be abolished


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