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FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT:
March 22, 2011 David Fiske (202) 418-0513
Email: david.fiske@fcc.gov
FCC ENFORCEMENT BUREAU RELEASES ADVISORY ON REQUIREMENT
FOR BROADCASTERS TO CERTIFY THAT ADVERTISING CONTRACTS
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
broadcasting."
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."
-FCC-
For more news and information about the FCC please visit: www.fcc.gov
NEWS
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
Internet: http://www.fcc.gov
TTY: 1-888-835-5322