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The statutory provision regarding contests is set forth at Section 508
of the Communications Act of 1934, as amended (the ``Act'') (47 U.S.C.
§ 509). Section 508(a) of the Act (47 U.S.C.. § 509(a)) provides that
it is unlawful for any person, with intent to deceive the listening or
viewing public:
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To supply to any contestant in a purportedly bona fide contest
of intellectual knowledge or intellectual skill any special and secret
assistance whereby the outcome of such contest will be in whole or in
part prearranged or predetermined.
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By means of persuasion, bribery, intimidation, or otherwise to
induce or cause any contestant in a purportedly bona fide contests of
intellectual knowledge or intellectual skill to refrain in any manner
from using or displaying his knowledge or skill in such contests,
whereby the outcome thereof will be in whole or in part prearranged or
predetermined.
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To engage in any artifice or scheme for the purpose of
prearranging or predetermining in whole or in part the outcome of a
purportedly bona fide contest of intellectual knowledge, intellectual
skill, or chance.
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To produce or participate in the production for broadcasting
of, to broadcast or participate in the broadcasting of, to offer to a
licensee for broadcasting, or to sponsor, any radio program, knowing or
having reasonable ground for believing that, in connection with a
purportedly bona fide contest of intellectual knowledge, intellectual
skill, or chance constituting any part of such program, any person has
done or is going to do any act or thing referred to in paragraph (1),
(2), or (3) above.
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To conspire with any other person or persons to do any act or
thing prohibited by paragraph (1), (2), (3), or (4) above, if one or
more of such persons do any act to effect the object of such conspiracy.
For purposes of Section 508, the term ``contest'' means any contest
broadcast by a broadcast station in connection with which any money or
any other thing of value is offered as a prize or prizes to be paid or
presented by the program sponsor or by any other person or persons, as
announced in the course of the broadcast.
For purposes of Section 508, the term ``listening or viewing public''
means those members of the public who, with the aid of radio receiving
sets, listen to or view programs broadcast by radio or television
stations.
Whoever violates Section 508(a) of the Act shall be fined no more than
$10,000 or imprisoned not more than one year, or both. These penalties
are in addition to any civil penalties or other enforcement action that
may be assessed by the FCC.
The Commission's requirements governing the broadcast of
licensee-conducted contests are set forth in Section 73.1216 of the
Commission's rules, 47 C.F.R. § 73.1216. This rule requires that a
licensee that broadcasts or advertises information about a contest that
it conducts shall fully and accurately disclose the material terms of
the contest, and shall conduct the contest substantially as announced
or advertised. No contest description shall be false, misleading or
deceptive with respect to any material term.
For purposes of Section 73.1216, the term ``contest'' is defined as a
scheme in which a prize is offered or awarded, based upon chance,
diligence, knowledge or skill, to members of the public. ``Material
terms'' include those factors which define the operation of the contest
and which affect participation therein. Although the material terms
may vary widely depending upon the exact nature of the contest, they
will generally include: (1) how to enter or participate; (2)
eligibility restrictions; (3) entry deadline dates; (4) whether prizes
can be won; (5) when prizes can be won; (6) the extent, nature, and
value of the prizes; (7) the basis for valuation of prizes; (8) time
and means of selection of winners; and/or (9) tie-breaking procedures.
In general, the time and manner of disclosure of the material terms of
a contest are within the licensee's discretion. However, the
obligation to disclose the material terms arises at the time that the
audience is first told how to enter or participate and continues
thereafter. The material terms should be disclosed periodically by
announcements broadcast on the station conducting the contest, but need
not be enumerated each time an announcement promoting the contest is
broadcast. Disclosure of material terms in a reasonable number of
announcements is sufficient. In addition to the required broadcast
announcements, disclosure of the material terms may be made in a
non-broadcast manner.
The broadcast contest rule is not applicable to: (1)
licensee-conducted contests not broadcast or advertised to the general
public or to a substantial segment thereof; (2) contests in which the
general public is not requested or permitted to participate; (3) the
commercial advertisement of non-licensee-conducted contests; or (4) a
contest conducted by a non-broadcast division of the licensee or by a
non-broadcast company related to the licensee.
Enforcement Actions
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12-17-2018
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Sound Ideas, LLC, Eufaula, AL
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(ORDER & CONSENT DECREE)
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03-20-2014
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South Central Communications Corporation
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(NAL)
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03-20-2014
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Boonville Broadcasting Company, Inc.
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(NAL)
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03-08-2013
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Journal Broadcast Corporation, Boise, Idaho
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(FORFEITURE ORDER)
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02-28-2013
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Greater Boston Radio, Inc.
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(NAL)
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09-13-2012
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NVT PORTLAND LICENSEE, LLC
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(ORDER & CONSENT DECREE)
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09-07-2012
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GOOD KARMA BROADCASTING, LLC, Cleveland, Ohio
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(FORFEITURE ORDER)
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08-21-2012
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CBS Radio Holdings, Inc.
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(NAL)
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05-25-2012
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Fisher Broadcasting - Seattle Radio, L.L.C.
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(ORDER & CONSENT DECREE)
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01-19-2012
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Clear Channel Communications, Inc.
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(NAL)
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12-05-2011
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Saga Communications of New England, L.L.C., WAQY(FM), Springfield, Massachusetts
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(ORDER ON REVIEW)
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07-11-2011
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Chico License, L.L.C., KNVN(TV), Chico, California
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(ORDER & CONSENT DECREE)
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07-11-2011
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Catamount Broadcasting of Chico-Redding, Inc., KHSL-TV, Chico, California
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(ORDER & CONSENT DECREE)
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12-16-2010
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Tri-State public communications, Inc.
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(ORDER & CONSENT DECREE)
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12-08-2010
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Good Karma Broadcasting, LLC, WKNR(AM), Cleveland, Ohio
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(NAL)
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08-23-2010
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Nassau Broadcasting III, L.L.C., WWEG(FM), Myersville, Maryland
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(NAL)
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04-30-2010
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CBS Radio East inc., KDKA(AM), Pittsburgh, Pennsylvania
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(ORDER & CONSENT DECREE)
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04-01-2010
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Saga Communications of New England, L.L.C., WAQY(FM), Springfield, Massachusetts
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(PFR Order)
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03-24-2010
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Journal Broadcast Corporation, KJOT(FM), Boise, Idaho
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(NAL)
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09-25-2009
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CBS Radio Inc. of Philadelphia, WIP(AM), Philadelphia, Pennsylvania
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(ORDER & CONSENT DECREE)
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09-25-2009
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Saga Communications of New England, L.L.C., WAQY(FM), Springfield, Massachusetts
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(FORFEITURE ORDER)
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08-26-2009
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CBS Radio Inc. of Philadelphia, WIP(AM), Philadelphia, PA
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(PFR Order)
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04-08-2009
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Greater Boston Radio, Inc., WMJX(FM), Boston, Massachusetts
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(NAL)
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02-12-2009
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AMFM Broadcasting Licenses, LLC, Los Angeles, California
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(NAL)
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02-05-2009
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CBS Radio East Inc., KDKA(AM), Pittsburgh, Pennsylvania
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(NAL)
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02-05-2009
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Entercom Wichita License, LLC, KDGS(FM), Andover, Kansas
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(FORFEITURE ORDER)
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07-10-2008
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CBS Radio Inc. of Philadelphia
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(FORFEITURE ORDER)
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12-13-2007
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Multicultural Radio Broadcasting Licensee, LLC, KAZN(AM), Pasadena, California
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(NAL)
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03-02-2007
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Saga Communications of New England, L.L.C.
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(NAL)
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03-02-2007
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Entercom Wichita License, LLC, KDGS(FM), Andover, Kansas
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(NAL)
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03-02-2007
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CBS Radio Inc. of Philadelphia
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(NAL)
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03-02-2007
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Access 1 New Jersey License Company, LLC, WTKU-FM, Ocean City, New Jersey
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(NAL)
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07-20-2006
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NM LICENSING LLC, WYAV(FM), Myrtle Beach, South Carolina
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(NAL)
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06-20-2006
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Clear Channel Broadcasting Licenses, Inc., WRUM(FM), Orlando, Florida
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(NAL)
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04-20-2006
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Clear Channel Broadcasting Licenses, Inc.
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(NAL)
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06-23-2005
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CBS Broadcasting Inc., KCBS-TV, Los Angeles, California
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(ORDER ON
RECON.)
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06-23-2005
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Capstar TX Limited Partnership, WKSS(FM), Hartford-Meriden, Connecticut
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(ERRATUM)
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06-22-2005
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Capstar TX Limited Partnership, WKSS(FM), Hartford-Meriden, Connecticut
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(NAL)
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08-12-2004
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Infinity Radio Operations, Inc., WBLK(FM), Buffalo, New York
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(FORFEITURE ORDER)
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05-25-2004
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New Northwest Broadcasters, L.L.C., Walla Walla, Kennewick, Washington
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(NAL)
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12-08-2003
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ABC, Inc., WDRQ(FM), Detroit, Michigan
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(NAL)
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12-03-2003
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Isothermal Community College, WNCW(FM), Spindale, North Carolina
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(ERRATUM)
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11-14-2003
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Isothermal Community College
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(NAL)
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11-14-2003
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Isothermal Community College, WNCW(FM), Spindale, North Carolina
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(NAL)
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05-09-2000
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Citicasters Co., KITT(FM), Shreveport, Louisiana
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(NAL)
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04-19-2000
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AK Media Group, Inc., KJR-FM, Seattle, Washington
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(NAL)
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02-10-2000
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Clear Channel Broadcasting Licensees, Inc.
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(NAL)
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Complaints
Parties wishing to file complaints alleging violation of Section 508(a)
of the Act or Section 73.1216 of the Commission's rules should send
them to the Federal Communications Commission, Enforcement Bureau,
Investigations & Hearings Division, 445 12th Street, SW, Washington, DC
20554. Complaints should be in writing and provide the call sign and
community of license of the station and a full description of the
contest in question, including the dates and terms of the contest.
Where possible, a complainant should also include any material it may
have received regarding the rules of the contest and a copies of any
correspondence between the complainant and the station regarding the
contests.
In addition to the above, complaints alleging violation of Section
508(a) of the Act should include a description, with as many details as
possible, which provides the basis for the complainant's belief that
the contest was conducted in violation of Section 508(a). In addition,
the complaint should include as much detail as possible of the nature
of the contest
In addition to the above, complaints alleging violation of Section
73.1216 of the Commission's rules should provide the basis for the
complainant's belief that the contest was conducted by the station
rather than by a programmer or advertiser.
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FCC
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Contests
