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

Summary

Radio stations must say on air, at the time a program runs, when someone paid for or gave something of value for that broadcast. Free or very cheap items do not count as payment unless they were given to get extra promotion beyond a normal identification. The FCC can still require on-air notices for political or controversial programs even if the materials were provided free or at a token cost. If a station gets a report under the law that would have required a paid-for announcement, it must make the announcement. Station owners must reasonably try to get the facts from employees and others so they can announce correctly. The FCC can waive the notice rule when it decides the public interest does not need it and must make rules to enforce these requirements.

Title 47, §317

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

(a)(1)All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person: Provided, That “service or other valuable consideration” shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast.

(2)Nothing in this section shall preclude the Commission from requiring that an appropriate announcement shall be made at the time of the broadcast in the case of any political program or any program involving the discussion of any controversial issue for which any films, records, transcriptions, talent, scripts, or other material or service of any kind have been furnished, without charge or at a nominal charge, directly or indirectly, as an inducement to the broadcast of such program.

(b)In any case where a report has been made to a radio station, as required by section 508 of this title, of circumstances which would have required an announcement under this section had the consideration been received by such radio station, an appropriate announcement shall be made by such radio station.

(c)The licensee of each radio station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any program or program matter for broadcast, information to enable such licensee to make the announcement required by this section.

(d)The Commission may waive the requirement of an announcement as provided in this section in any case or class of cases with respect to which it determines that the public interest, convenience, or necessity does not require the broadcasting of such announcement.

(e)The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (b). Pub. L. 96–507 conformed the reference to section 508 of this title to reflect the renumbering of that section by Pub. L. 96–507. 1960—Pub. L. 86–752 designated existing provisions as subsec. (a), inserting proviso clause, and added subsecs. (b) to (e).

§317 Announcement of Payment for Broadcast

Summary

Title 47, §317

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata