PUBLIC NOTICE Page 1of 2 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 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.1 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.2 Accordingly, in that Order, the Commission required commercial broadcasters to certify in their renewal applications that their advertising contracts contain nondiscrimination clauses.3 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.4 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.5 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 1 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. 2 See Promoting Diversification of Ownership in the Broadcasting Services, Report and Order and Third Further Notice of Proposed Rulemaking, 23 FCC Rcd 5922, 5940 ¶ 40 (2008). 3 See id. at 5941 ¶ 49. 4 See id. 5 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. FCC ENFORCEMENT ADVISORY Page 2 of 2 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.6 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.7 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.8 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- 6 See 47 U.S.C. § 309(k). 7 See 47 C.F.R. § 1.17. 8 See 47 C.F.R. § 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).