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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov 
 ftp.  fcc.  gov 
 DA  01-  1169 
 May  8,  2001 
 MASS  MEDIA  BUREAU  ACTION 
 COMMENT  SOUGHT  ON  THE  ADVERTISING  COUNCIL  REQUEST  FOR  DECLARATORY 
 RULING  OR  WAIVER  CONCERNING  SPONSORSHIP  IDENTIFICATION  RULES 


 On  March  27,  2001,  the  Advertising  Council,  Inc.  (“  Ad  Council”)  filed  a  “Request  for  an  Expedited 
 Declaratory  Ruling  or  Waiver  of  Section  317  of  the  Communications  Act.”  Section  317  of  the 
 Communications  Act  (“  Act”)  states  that  all  matter  broadcast  by  a  station  in  exchange  for  consideration 
 from  any  person  shall,  at  the  time  the  matter  is  broadcast,  be  announced  as  paid  for  or  furnished  by  that 
 person.  47  U.  S.  C.  §  317.  Section  317  also  states  that  the  requirement  of  an  announcement  may  be  waived 
 if  the  Commission  “determines  that  the  public  interest,  convenience,  or  necessity  does  not  require  the 
 broadcasting  of  such  announcement.”  47  U.  S.  C.  §  317(  d). 


 The  Ad  Council  requests  a  declaratory  ruling  that  neither  Section  317  of  the  Act  nor  the  corresponding 
 Commission  Rule  (Section  73.1212)  requires  that  the  White  House  Office  of  National  Drug  Control  Policy 
 (ONDCP)  be  identified  as  the  sponsor  of  certain  public  service  announcements  (“  PSAs”).  The  subject 
 PSAs  are  aired  by  a  station  as  part  of  its  statutorily  required  matching  contribution  for  broadcast  time 
 purchased  by  ONDCP  in  connection  with  the  National  Youth  Anti-  Drug  Media  Campaign.  1  The  Ad 
 Council  argues  that  Section  317  does  not  apply  to  these  matching  PSAs  because  consideration  is  not  paid 
 to  the  station  for  airing  them.  Even  if  Section  317  applies,  the  Ad  Council  argues  that,  by  identifying  the 
 organizations  that  produce,  edit  and  otherwise  control  the  PSAs  as  the  sponsors  of  the  PSAs,  they  already 
 comply  with  Section  73.1212  and  conform  to  Commission  precedent. 


 As  an  alternative  to  a  declaratory  ruling,  the  Ad  Council  requests  that  the  FCC  waive  the  requirement  that 
 the  ONDCP  be  identified  as  sponsor  of  the  PSAs  pursuant  to  Section  317(  d).  It  argues  that  such  a  waiver 
 would:  prevent  economic  hardship  to  the  actual  sponsors  of  the  PSAs,  prevent  public  confusion,  promote 
 the  goals  of  Section  317  by  accurately  telling  listeners  who  is  persuading  them,  and  conform  to 
 Commission  precedent. 


 The  Advertising  Council’s  filing  will  be  available  for  public  inspection  and  copying  during  regular  business 
 hours  in  the  Federal  Communications  Reference  Information  Center: 


 1  Drug-  Free  National  Media  Campaign  Act  of  1998,  21  U.  S.  C.  §  1801  et  seq. 
1
 FCC  Reference  Information  Center 
 Room  CY-  A257 
 445  12  th  Street,  SW 
 Washington,  DC  20554. 


 The  filing  is  also  available  at  the  FCC  Mass  Media  Bureau  website, 
 http://  www.  fcc.  gov/  Bureaus/  Mass_  Media/  Public_  Notices. 


 Copies  of  the  filing  are  available  for  purchase  from: 
 International  Transcription  Service,  Inc.  (ITS) 
 Room  CY-  B402 
 445  12th  Street,  SW 
 Washington,  DC  20554 
 www.  itsdocs.  com 
 (202)  314-  3070 
 (202)  314-  3076  (fax) 
 (202)  484-  8831  (TTY) 


 The  public  may  submit  comments  on  the  Advertising  Council’s  filing  on  or  before  May  29,  2001,  and 
 replies  to  those  comments  on  or  before  June  8,  2001.  Comments  and  replies  should  specifically  reference 
 this  Public  Notice  (DA  01-  1169).  Commenters  must  file  an  original  and  four  copies  of  all  comments  and 
 reply  comments  to  the  Commission’s  Secretary: 


 Magalie  Roman  Salas 
 Office  of  the  Secretary 
 Federal  Communications  Commission 
 445  12  th  St.,  SW 
 Room  TW-  A325 
 Washington,  D.  C.  20554 


 This  matter  shall  be  treated  as  a  “permit-  but-  disclose”  proceeding  in  accordance  with  the  Commission’s  ex 
 parte  rules.  See  47  C.  F.  R.  §§  1.1200,  1.1206.  Ex  parte  presentations,  as  defined  in  the  Commission’s 
 rules,  are  any  presentations  that,  if  written,  are  not  served  on  the  parties  to  the  proceeding,  or,  if  oral,  are 
 made  without  advance  notice  to  the  parties  and  without  opportunity  for  them  to  be  present.  In  “permit-  but-disclose” 
 proceedings,  persons  may  make  ex  parte  presentations  but  must  then  disclose  them  to  the  parties. 
 Rules  pertaining  to  oral  and  written  ex  parte  presentations  in  “permit-  but-  disclose”  proceedings  are  set 
 forth  in  Section  1.1206(  b)  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.1206(  b). 


 Mass  Media  Bureau  Contact:  Hope  Cooper,  (202)  418-  1440. 
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