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                                                                    DA 11-500

                                                               March 22, 2011

                                             Enforcement Advisory No. 2011-06

                  NON-DISCRIMINATION IN BROADCAST ADVERTISING

   Broadcasters Are Reminded That They Must Certify In Broadcast Applications
              That Their Advertising Contracts Do Not Discriminate

   The Enforcement Bureau issues this Enforcement Advisory to remind
   commercial broadcast licensees of their obligation to certify on their
   renewal application (Form 303-S) that their advertising sales contracts do
   not discriminate on the basis of race or ethnicity and that such contracts
   contain nondiscrimination clauses.

   What is the new nondiscrimination in advertising certification requirement
   about?  As the Commission stated in the Promoting Diversification of
   Ownership in the Broadcast Services Report and Order, discrimination has
   no place in the broadcast industry. Accordingly, in that Order, the
   Commission required commercial broadcasters to certify in their renewal
   applications that their advertising contracts contain nondiscrimination
   clauses. In adopting this requirement, the Commission addressed reports
   that some advertising contracts contain "no urban/no Spanish" dictates
   that are intended to minimize the proportion of African American or
   Hispanic customers patronizing an advertiser's venue - or dictates that
   presume that African Americans or Hispanics cannot be persuaded to buy an
   advertiser's product or service.

   What are licensees required to do?  Licensees of commercial broadcast
   stations must certify that their advertising sales agreements do not
   discriminate on the basis of race or ethnicity and that all such
   agreements contain nondiscrimination clauses.  A renewal application
   cannot be submitted without completion of the certification. Form 303-S
   contains both a "yes" and "no" box for the certification requirement to
   provide licensees that are unable to make an affirmative certification an
   opportunity to explain the reasons for noncompliance. If the response to
   the non-discrimination certification question on the form is "no," the
   licensee must attach an exhibit identifying the persons and matters
   involved and explaining why the noncompliance is not an impediment to a
   grant of the station's license renewal application. A "no" answer and
   associated explanation will be considered by the Commission in determining
   whether to renew the license.

   Licensees must have a good faith basis for an affirmative certification
   and a reasonable basis for believing that factual information provided to
   the Commission is truthful and accurate. For example, a licensee that uses
   a third party to arrange advertising sales is responsible for exercising
   due diligence to ensure that the advertising agreement contains the
   nondiscrimination clause and does not discriminate on the basis of race or
   ethnicity. Furthermore, a broadcaster that learns of a violation of a
   nondiscrimination clause while its license renewal application is pending
   should update its license renewal application so that it continues to be
   accurate. A misrepresentation in an application filed with the Commission
   could result in the initiation of license revocation proceedings.

   Need More Information? For additional information regarding compliance and
   enforcement of the nondiscrimination certification requirement, please
   contact Amelia Brown of the Enforcement Bureau at 202-418-2799 or at
   amelia.brown@fcc.gov. Media inquiries should be directed to David Fiske at
   202-418-0513 or david.fiske@fcc.gov.

   To request materials in accessible formats for people with disabilities
   (Braille, large print, electronic files, audio format), send an email to
   fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
   202-418-0530 (voice), 202-418-0432 (TTY). You may also contact the
   Enforcement Bureau on its TTY line at 202-418-1148 for further information
   about this Enforcement Advisory, or the FCC on its TTY line at
   1-888-Tell-FCC (1-888-835-5322) for further information about the
   nondiscrimination certification requirement.

                                         Issued by: Chief, Enforcement Bureau

                                     -FCC-

   See Public Notice, Media Bureau Announces Revisions To License Renewal
   Procedures and Form 303-S; Radio License Renewal Cycle To Commence On May
   2, 2011, DA No. 11-489 (MB rel. Mar. 14, 2011) (describing the specific
   amendments made to Form 303-S concerning new nondiscrimination
   certification requirement), available at
   http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0314/DA-11-489A1.pdf.

   See Promoting Diversification of Ownership in the Broadcasting Services,
   Report and Order and Third Further Notice of Proposed Rulemaking, 23 FCC
   Rcd 5922, 5940 P: 40 (2008).

   See id. at 5941 P: 49.

   See id.

   See FCC Form 303-S (eff. March 2011) (a copy of which is available from
   the FCC's website), available at
   http://www.fcc.gov/Forms/Form303-S/303s.pdf.

   See 47 U.S.C. S: 309(k).

   See 47 C.F.R. S: 1.17.

   See 47 C.F.R. S: 1.65 (applicants have a continuing obligation to advise
   the FCC, through amendments, of any substantial and material changes in
   the information furnished in this application).

                                  Page 2 of 2

   PUBLIC NOTICE

                                   Page 1of 2

   PUBLIC NOTICE

                            FCC ENFORCEMENT ADVISORY

   Federal Communications Commission

   445 12th St., S.W.

   Washington, D.C. 20554

                                        News Media Information 202 / 418-0500

                                                 Internet: http://www.fcc.gov

                                                          TTY: 1-888-835-5322

                                        News Media Information 202 / 418-0500

                                                 Internet: http://www.fcc.gov

                                                          TTY: 1-888-835-5322

   Federal Communications Commission

   445 12th St., S.W.

   Washington, D.C. 20554