§508 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

People who work on radio shows, make programs, or supply program material must tell the radio station ahead of time if they accept or pay money, services, or other valuable things so that something will be included in a broadcast. Employees must tell their station. Producers or payers must tell the payee’s employer, the person who ordered the program, or the station owner. Suppliers must tell the person they supply. No disclosure is needed when the FCC has waived the announcement required under section 317(d). Putting the required section 317 announcement into the program counts as the disclosure. Free or very cheap services or goods used in a broadcast are not treated as payments unless they were given in return for extra identification or promotion. Anyone who breaks these rules can be fined up to $10,000, jailed up to one year, or both.

Title 47, §508

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

(a)Subject to subsection (d), any employee of a radio station who accepts or agrees to accept from any person (other than such station), or any person (other than such station) who pays or agrees to pay such employee, any money, service or other valuable consideration for the broadcast of any matter over such station shall, in advance of such broadcast, disclose the fact of such acceptance or agreement to such station.

(b)Subject to subsection (d), any person who, in connection with the production or preparation of any program or program matter which is intended for broadcasting over any radio station, accepts or agrees to accept, or pays or agrees to pay, any money, service or other valuable consideration for the inclusion of any matter as a part of such program or program matter, shall, in advance of such broadcast, disclose the fact of such acceptance or payment or agreement to the payee’s employer, or to the person for whom such program or program matter is being produced, or to the licensee of such station over which such program is broadcast.

(c)Subject to subsection (d), any person who supplies to any other person any program or program matter which is intended for broadcasting over any radio station shall, in advance of such broadcast, disclose to such other person any information of which he has knowledge, or which has been disclosed to him, as to any money, service or other valuable consideration which any person has paid or accepted, or has agreed to pay or accept, for the inclusion of any matter as a part of such program or program matter.

(d)The provisions of this section requiring the disclosure of information shall not apply in any case where, because of a waiver made by the Commission under section 317(d) of this title, an announcement is not required to be made under section 317 of this title.

(e)The inclusion in the program of the announcement required by section 317 of this title shall constitute the disclosure required by this section.

(f)The term “service or other valuable consideration” as used in this section shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast, or for use on a program which is intended for broadcasting over any radio station, unless it is so furnished in consideration for an identification in such broadcast or in such program of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property in such broadcast or such program.

(g)Any person who violates any provision of this section shall, for each such violation, be fined not more than $10,000 or imprisoned not more than one year, or both.

Editorial Notes

Prior Provisions

A prior section 507 of act June 19, 1934, ch. 652, was renumbered section 506 by section 1 of Pub. L. 96–507, and is classified to section 507 of this title.

§508 Disclosure of payments to individuals connected with broadcasts

Summary

Title 47, §508

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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