DA 96-573 Federal Communications Commission Record 11 FCC Red No. 9 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
In re Request of 
CAPITOL RADIO NETWORKS 
For Declaratory Ruling 
STAFF RULING 
Adopted: April 11, 1996 Released: April 18, 1996 
By the Chief, Complaints and Political Programming 
Branch: 
1. The Commission has before it a request for a declara­
tory ruling filed on March 1, 1996, by Capito~ Radio 
Networks (CRN) seeking a Commission determin~t1on t.hat 
its program "Capitol Ideas" is a bona fide .n~w.~ mter.v~ew 
program, exempt from the "equal opportunities prov1s1on 
of Section 315(a) of the Communications Act of 1934, as 
amended. (47 U.S.C. Section 315(a)). 
2. CRN is an independent news network that provides 
news and informational programming to radio stations in 
the state of North Carolina. CRN states that "Capitol Ideas" 
is a monthly radio call-in show that features the Governor 
of North Carolina and provides callers throughout the state 
an opportunity to speak with the Governor about issues of 
concern to them. Because the Governor has become a 
legally qualified candidate for re-election to that office, 
CRN filed the instant request. CRN maintains that "Capit~l 
Ideas" has aired regularly since February 1993 and that It 
plans to continue production and broadcast of the program 
regardless of the outcome of the 1996 gubernatorial elec­
tion. 
3. CRN states that "Capitol Ideas" is moderated by 
CRN's news anchor, Matt Willoughby. CRN contends that 
Willoughby controls the program by introducing callers 
and intervening in the discussion when, in his judgment, 
such action is appropriate. CRN maintains that topics dis­
cussed during the show arise from those raised by the 
callers and from those questions Willoughby has planned 
in advance. CRN asserts that because no questions from 
any source are given to the Governor in advance, responses 
cannot be scripted. Moreover, CRN asserts that because t~e 
program is broadcast live, neither the Gove~nor n~r h~s 
staff have any ability to control the matenal which 1s 
broadcast. 
DISCUSSION 
4. Section 315(a) of the Communications Act provides 
that if a licensee permits a legally qualified candidate for 
public office to use a broadcast station, it must affor~ equal 
opportunities to other such candidates for that office. In 
1959, Congress amended Section 315 to exempt from equal 
opportunities appearances by legally qualified candidates 
on the following news programs: 
4674 
( 1) bona fide newscast, 
(2) bona fide news interview, 
(3) bona fide news documentary (if the appearance of 
the candidate is incidental to the presentation of the 
subject or subjects covered by the news documen­
tary), or 
( 4) on-the-spot coverage of bona fide news ev~nts 
(including but not limited to political conventions 
and activities incidental thereto). 
47 U.S.C. Section 315(a)(l)-(4). In determining whether a 
program qualifies as a "bona ~de news interview," th.e 
Commission considers the followmg factor~: (1) whether it 
is regularly scheduled; (2) whether the broadcaster or an 
independent producer controls the program; and (3) 
whether the broadcaster's or independent producer's de­
cisions on format, content. and participants are based on 
newsworthiness rather than on an intention to advance an 
individual's candidacy. See Request for Declaratory Ruling 
on Independently Produced News Interviews, 7 FCC Red 
4681 (1992). Furthermore, as the Commission stated there­
in whenever a news exemption is sought for an indepen­
de,ntly produced program, individual "licensees mu?t still 
make a determination to air individual programs m the 
exercise of their bona fide news judgment." Id. at 4685. 
5. Based on the information contained in CRN"s request, 
it appears that "Capitol Ideas" is a bona fide news inter­
view program, and is, therefore, exempt from equal op­
portunities under Section 315(a)(2). "Capitol Ideas" has 
been regularly scheduled for three years. In addition, C~N 
represents that it retains control over the program's topics 
through the moderator's participation. For instance, 
Willoughby, employing his news judgm.ent,. intervene~ in 
the discussion when he believes such act10n 1s appropnate. 
Moreover, according to CRN, the spontaneous nature of 
the program precludes the Governor from having ~ny con­
trol over the questions which are asked or the subjects that 
are addressed. Furthermore, it appears that the topics are 
selected based upon the caller's interests and concerns, 
rather than any particular agenda of the Governor. 
6. The factual situation presented in CRN's request ap­
pears similar to a news interview exemption p:eviously 
granted by the Commission in Hon. Michael V. D1Salle, 40 
FCC 348 ( 1962). Therein, the Commission found a regu­
larly scheduled broadcast program in which a Governor 
answered questions in his office posed by newspersons 
from participating stations to be exempt f:om 
Sectionh)315(a). The Commission noted that the questions 
were not prescreened, nor were the answers edited, and 
determined that the program did not appear to be designed 
to further the Governor's candidacy. 
7. In view of the foregoing considerations and based on 
the information before the Commission. we believe to the 
extent that CRN regularly schedules and produces for 
broadcast bona fide news interviews on "Capitol Ideas," the 
program is exempt from the equal opportunities pro~ision 
of Section 315(a) of the Communications Act. Accordmgly, 
CRN's request IS GRANTED. 
8. Staff action is taken pursuant to delegated authority. 
11 FCC Red No. 9 Federal Communications Commission Record 
FEDERAL COMMUNICATIONS COMMISSION 
Norman Goldstein 
Chief, Complaints and 
Political Programming Branch 
Enforcement Division 
Mass Media Bureau 
4675 
DA 96-573