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   March 22, 2011  David Fiske (202) 418-0513




                             ARE NON-DISCRIMINATORY

   Washington, D.C. - 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

   A new Form 303-S, used for broadcast license renewals, was announced by
   the Media Bureau on Monday, March 14, 2011 (DA 11-489). The revised form
   requires the certification described above. Today's 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.

   The Enforcement Advisory also designates a specific contact in the
   Enforcement Bureau to respond to inquiries from the public and licensees.
   On issuing the Advisory, Michele Ellison, Chief of the Enforcement Bureau
   said, "The advisory puts everyone on notice that the Commission has no
   tolerance for this type of insidious discrimination. Our leadership has
   asked us to bring renewed focus to these important broadcasting issues. We
   will work in close collaboration with the Media Bureau to give this new
   requirement meaning."  


     For more news and information about the FCC please visit:


   Federal Communications Commission

   445 12th Street, S.W.

   Washington, D. C. 20554

   This is an unofficial announcement of Commission action. Release of the
   full text of a Commission order constitutes official action.

   See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).

                                        News Media Information 202 / 418-0500


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