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Federal Communications Commission
Washington, D.C. 20554
In reply refer to:
EB-00-IH-0297 -KMS
March 9, 2001
Released: March 9, 2001
The Honorable Ron Wyden
United States Senate
516 Hart Senate Office Building
Washington, D.C. 20510-3703
The Honorable John B. Breaux
United States Senate
503 Hart Senate Office Building
Washington, D.C. 20510-1803
Dear Senators Wyden and Breaux:
This responds to your letter of September 12, 2000, in which you
requested that the Commission conduct an investigation regarding
the airing of a Republican National Committee advertisement
allegedly containing a subliminal message.
In your letter, you stated that you are troubled by the
allegations that stations aired an advertisement which contained
a subliminal messagežspecifically, that the advertisement
``displayed the word `RATS' as it attacks Vice President Gore's
prescription drug proposal''--and that you believed ``that it is
in the best interests of both political parties, and all
Americans, that the Federal Communications Commission conduct an
immediate and impartial review of this matter.'' In support of
your request, you cited to a 1974 public notice in which the
Commission stated its belief that broadcasts using subliminal
messages are contrary to the public interest. In 1974, the
Commission issued a public notice stating its belief that the ``
use of subliminal perception is inconsistent with the obligations
of a licensee'' and made it ``clear that broadcasts employing
such techniques are contrary to the public interest.''
Furthermore, the Commission stated that ``[w]hether effective or
not, such broadcasts clearly are intended to be deceptive.''1
In response to your letter, the Enforcement Bureau sent inquiry
letters to the licensees of 217 stations specifically alleged by
you to have aired this ad. In the inquiry letter, the
Enforcement Bureau asked the licensees of the named stations
whether they aired the advertisement. If they aired the
advertisement, the letter then asked the licensees to answer the
following: what dates did they broadcast the advertisement; how
many times did it air; and whether the licensees or any of their
officers, directors or employees knew it contained the word
``RATS'' prior to any of the times they broadcast the
advertisement. Lastly, we asked the licensees that broadcast the
advertisement even though they knew it contained the word
``RATS'' to explain the facts and circumstances surrounding their
decision to do so. We received a response from all of the
licensees to which we sent inquiry letters.
Of the 179 stations that responded that they had aired the
advertisement, 162 indicated that, when they aired the
advertisement, they were not aware that the advertisement
contained the word ``RATS.'' Of those that aired the
advertisement knowing the word ``RATS'' appeared in it, several
stations stated that they did so because they were able to see
the word and, therefore, they believed that it was not
subliminal. Some of these stations and other stations stated
that they did so because they believed that they were prohibited
from censoring the advertisement by Section 315 of the
Communications Act because the advertisement contained a use--a
positive, identifiable appearance by a candidate.
Based on our review of the responses submitted by the stations,
we conclude that no further action is warranted.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
cc: Stations
_________________________
1 Public Notice Concerning the Broadcast of Information By
Means of ``Subliminal Perception'' Techniques, 44 FCC 2d 1016,
1017 (1974).