Section 317 of the Communications Act of 1934, as amended, 47 U.S.C. § 317,
requires broadcasters to disclose to their listeners or viewers if matter
has been aired in exchange for money, services or other valuable
consideration. The announcement must be aired when the subject matter is
broadcast. The Commission has adopted a rule, 47 C.F.R. § 73.1212, which
sets forth the broadcasters' responsibilities to make this sponsorship
identification
Section 507 of the Communications Act, 47 U.S.C. § 508, requires that, when
anyone provides or promises to provide money, services or other
consideration to someone to include program matter in a broadcast,
that fact must be disclosed in advance of the broadcast, ultimately to the
station over which the matter is to be aired. Both the person providing or
promising to provide the money, services or other consideration and the
recipient are obligated to make this disclosure so that the station may
broadcast the sponsorship identification announcement required by Section
317 of the Communications Act. Failure to disclose such payment or the
providing of services or other consideration, or promise to provide them, is
commonly referred to as ``payola'' and is punishable by a fine of not more
than $10,000 or imprisonment for not more than one year or both. These
criminal penalties bring violations within the purview of the Department of
Justice.
Thus, for example, if a record company or its agent pays a broadcaster to
play records on the air, those payments do not violate these provisions of
the law if the required sponsorship identification information is timely
aired by the broadcast station. If it is not aired as required by the
Communications Act and the Commission's rules, the station and others are
subject to enforcement action.
If record companies, or their agents, are paying persons other than the
broadcast licensee (such as the station's Music Director or its on-air
personality) to have records aired, and fail to disclose that fact to the
licensee, the person making such payments, and the recipient, are also
subject to criminal fine, imprisonment or both, for violation of the
disclosure requirements contained in Section 507.
Enforcement Actions
08-06-2019
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Cumulus Radio LLC; Radio License Holding CBC, LLC; Cumulus Licensing LLC; and Radio License Holdings LLC
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(NAL)
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12-21-2017
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Sinclair Broadcast Group, Inc.
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(NAL)
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01-07-2016
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Radio License Holding CBC, LLC
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(ORDER & CONSENT DECREE)
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12-05-2014
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Journal Broadcast Corporation
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(ORDER & CONSENT DECREE)
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04-24-2014
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Maverick Media of Rockford License LLC
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(ORDER & CONSENT DECREE)
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04-14-2014
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KRXA, LLC
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(ORDER & CONSENT DECREE)
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02-10-2014
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Radio License Holding XI, LLC, Chicago, Illinois
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(FORFEITURE ORDER)
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07-29-2013
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Regent Broadcasting of El Paso, Inc.
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(ORDER & CONSENT DECREE)
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02-03-2012
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Radio License Holding XI, LLC
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(NAL)
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07-22-2011
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Emmis Austin Radio Broadcasting Company, L.P.
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(ORDER & CONSENT DECREE)
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07-08-2011
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Fox Television Stations, Inc., KMSP-TV, Minneapolis, Minnesota
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(FORFEITURE ORDER)
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03-24-2011
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Fox Television Stations, Inc., KMSP-TV, Minneapolis, Minnesota
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(NAL)
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03-24-2011
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Access.1 New Jersey License Company, LLC, WMGM-TV, Wildwood, New Jersey
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(NAL)
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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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09-29-2010
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ACC Licensee, Inc., WJLA-TV, Washington, D.C.
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(ORDER & CONSENT DECREE)
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07-26-2010
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Univision Radio, Inc.
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(ORDER & CONSENT DECREE)
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12-07-2009
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Sonshine Family Television, Inc., WBPH-TV, Bethlehem, Pennsylvania
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(FORFEITURE ORDER)
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03-09-2009
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6 Johnson Road Licenses, Inc.
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(ORDER & CONSENT DECREE)
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10-08-2008
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QueenB Radio, Inc.
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(ORDER & CONSENT DECREE)
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10-18-2007
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Sonshine Family Television, Inc., Sinclair Broadcast Group, Inc.
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(NAL)
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10-18-2007
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The Graham Williams Group, Washington, D.C.
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(CITATION)
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09-26-2007
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Comcast Corporation
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(NAL)
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09-21-2007
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Comcast Corporation
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(NAL)
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04-13-2007
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Entercom Communications Corp.
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(ORDER & CONSENT DECREE)
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04-13-2007
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Clear Channel Communications, Inc.
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(ORDER & CONSENT DECREE)
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04-13-2007
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Citadel Broadcasting Corp.
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(ORDER & CONSENT DECREE)
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04-13-2007
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CBS Radio, Inc.
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(ORDER & CONSENT DECREE)
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12-22-2000
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NORML Foundation, Washington, DC
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(LETTER)
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10-12-2000
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AMFM Radio Licenses, L.L.C., WKQI(FM), Detroit, Michigan
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(NAL)
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10-12-2000
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AMFM Radio Licenses, L.L.C., KHKS(FM), Denton, Texas
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(NAL)
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How to File a Complaint
If you suspect a broadcaster has violated the sponsorship identification
rule, you can file a complaint with the FCC. To assist the FCC in its
review, the complaint should include the following:
- Details of the content of the broadcast;
- The date and time of the broadcast;
- Why you believe that payment or other consideration was provided,
requiring the airing of a sponsorship identification announcement;
- The call sign of the broadcast station involved;
- The fact that no sponsorship identification was aired; and
- Any documents that you believe establish any of the foregoing.
Complaints should be sent to: Federal Communications Commission, Enforcement
Bureau, Investigations & Hearings Division, 445 12th Street, SW, Washington,
DC 20554.
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