Title 47 — Telegraphs, Telephones, and RadiotelegraphsRelease 119-73

§399b Offering of certain services, facilities, or products by public broadcast station

Title 47 › Chapter CHAPTER 5— - WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER III— - SPECIAL PROVISIONS RELATING TO RADIO › Part Part IV— - Assistance for Planning and Construction of Public Telecommunications Facilities; Telecommunications Demonstrations; Corporation for Public Broadcasting; General Provisions › Subpart subpart e— - general provisions › § 399b

Last updated Apr 6, 2026|Official source

Summary

Public broadcast stations may sell services, facilities, or products for pay, but they cannot let anyone use their facilities to air advertisements. Advertisement means a paid message that either promotes a profit-making product or service, states someone's views on a public issue, or supports or opposes a political candidate. Stations must not use funds distributed by the Corporation under section 396(k) of this title to pay for costs of those sales. The sales must not get in the way of the station’s public telecommunications work. Stations must work with the Corporation to create an accounting system that separately tracks money received and costs for these activities from all other station funds.

Full Legal Text

Title 47, §399b

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)For purposes of this section, the term “advertisement” means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended—

(1)to promote any service, facility, or product offered by any person who is engaged in such offering for profit;

(2)to express the views of any person with respect to any matter of public importance or interest; or

(3)to support or oppose any candidate for political office.

(b)(1)Except as provided in paragraph (2), each public broadcast station shall be authorized to engage in the offering of services, facilities, or products in exchange for remuneration.

(2)No public broadcast station may make its facilities available to any person for the broadcasting of any advertisement.

(c)Any public broadcast station which engages in any offering specified in subsection (b)(1) may not use any funds distributed by the Corporation under section 396(k) of this title to defray any costs associated with such offering. Any such offering by a public broadcast station shall not interfere with the provision of public telecommunications services by such station.

(d)Each public broadcast station which engages in the activity specified in subsection (b)(1) shall, in consultation with the Corporation, develop an accounting system which is designed to identify any amounts received as remuneration for, or costs related to, such activities under this section, and to account for such amounts separately from any other amounts received by such station from any source.

Reference

Citations & Metadata

Citation

47 U.S.C. § 399b

Title 47 — Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 6, 2026

Release point: 119-73