FEDERAL COMMUNICATIONS COMMISSION
August 15.2012
.JULIUS GENACHOWSKI
CHAIRMAN
The Iionorable James M. InholC
nited tales Senate
205 Russell Senate Office Building
Washington. D.C. 20510
Dear Senator Inhofe:
Thank you lor your leller concerning the ability of noncommercial educational broadcast
stations to air messages on behalf of for-pro lit entities. I appreciate your interest in this maller
and have directed the Chief of the Media l3ureau's Office of Communications and Industry
Inl-ormation to respond. I am pleased to provide the enclosed correspondence discussing this
maller.
If you have any additional qucstions or need further assistance. please do not hesitate to
contact me.
Julius Genacho\\ski
Enclosure
445 12TH STREET S.W. WASHINGTON. D.C. 20554 • 202·4 I 8'1000
Federal Communications Commission
Washington, D.C. 20554
August 15. 2012
IN REPLY REFER TO:
CN-1200893
The Honorable James M. Inhofe
United States Senate
205 Russell Senate OfFicc Building
Washington, D.C. 20510
Dear Senator Inhofe:
Thank you for your letter concerning the policies and rules governing the ability of
noncommercial educational (NCE) broadcast stations to air commcrcial messages on bchalf of
for-profit entities. I appreciate learning your views on this important matter.
The Communications Act prohibits all public broadcast stations from airing commercial
advcrtisements, defined as messages which are intended "to promote any service, facility, or
product offered by any person who is engaged in such offcring for profit." The Commission's
corresponding rules also state that NCE stations may not broadcast promotional announcements
on behalf of for-profit entities in exchange for the receipt of consideration to the licensee, its
principals, or employees. At the same time, NCE stations, including independent and rcligious
programmcrs, are pcrmitted to engage in "enhanced underwriting" that allows NCE stations to
acknowledge and identify contributors on air. Such acknowledgements may include slogans and
value-neutral descriptions of the contributors' products and services, but may not promote or
make qualitative or comparative statements regarding contributors.
On a related topic, the Commission recently adopted a Notice of Proposed RuLemokillg to
solicit public comment on whether and under what circumstances to allow all NCE broadcast
stations to allocate up to one percent of their annual broadcast time to conduct on-air fundraising
activities for the benefit of charities and other third-party nonprofit organizations. The Notice
specifically invites commcnt regarding the classes of NCE stations that may engage in
fundraising, the types of nonprofit entities that may benefit from the fundraising, and the First
Amendment implications of establishing eligibility criteria for stations and fundraising
rccipients. The period for the submission of public comments is scheduled to close on
August 21, 2012, and a copy of your letter will be included in the record of the proceeding.
Page 2-The Honorable James M. lnhofe
I trust this information is helpful, and please do not hesitate to conlact me if I can be of
further assistance.
Sincerely,
~\{~~C ~.~~
Michael S. Perko
Chief, Office of Communications and Industry Information
Media Bureau