ROGER WICKER. MISSISSIPPI
ROY BLUNT, MISSOURI
MARCO RUBIO, FLORIDA
xeuv AYOTIE, NEW HAMPSHIRE
TED CRUZ, TEXAS
OEB FISCHER, NEBRASKA
JERRY MORAN, KANSAS
DAN SULLIVAN, ALASKA
RON JOHNSON, WISCONSIN
DEAN HELLER, NEVADA
CORY GARDNER, COLORADO
STEVE DAINES, MONTANA
BilL NELSON. FLORIDA
MARIA CANTWELL, WASHINGTON
CLAIRE McCASKilL,. MISSOURI
AMY KLOBUCHAR. MINNESOTA
RICHARD BLUMENTHAL, CONNECTICUT
BRIAN SCHATZ. HAWAII
EDWARD MARKEY, MASSACHUSETIS
CORY BOOKER, NEW JERSEY
TOM UDALL. NEW MEXICO
JOE MANCHIN III. WEST VIRGINIA
GARY PETERS, MICHIGAN
tinitro ~tatfS ~fnetf ~1~t . - :ectedJOHN THUNE, SOUTH DAKOTA, CHAIRMAN
COMMITIEE ON COMMERCE, SCIENCE,
AND TRANSPORTATION
WASHINGTON, DC 20510-6125
u 8 ZOi5
April 30, 2015
DAVID SCHWIETERT, STAFF DIRECTOR
KIM LIPSKY, DEMOCRATIC STAFF DIRECTOR WEBSITE: http://commerce.senate.gov
The Honorable Torn Wheeler
Chairman
Federal Communications Commission
445 lih Street, S.W.
Washington, DC 20554
Dear Chairman Wheeler:
I am writing to call on the Federal Communications Commission (FCC) to update its
rules and guidance concerning the adequate disclosure of the identity of an entity that
buys advertising time, whether commercial or political, on television and radio. Given
the dramatic changes in technology in the many years since the FCC put forth formal
guidance on these issues, it is only fair and appropriate that the FCC review its policies to
make sure that American citizens are fully apprised of the identity of entities seeking to
influence them.
As you know, Section 317 of the Communications Act requires the on-air identification
of the sponsors of all advertisements. In fact, the concept of full and fair disclosure of
sponsorship identification information has been part of the nation's communications laws
since before the Communications Act of 1934 was passed. The Federal Radio
Commission maintained sponsorship identification policies in the 1920s, and the FCC's
authority to issue and enforce such policies was part of the original Communications Act.
The FCC has always updated its sponsorship identification rules responsive to changes in
technology and the way advertisers seek to influence Americans. The original 1934 rules
applied to radio, but as broadcast TV and cable's popularity grew, the FCC expanded its
sponsorship identification rules to respond. But the core principle of the rule has always
remained the same - citizens should know the "true identity" of the speaker seeking to
influence them. In fact, in implementing this statute, the FCC has said, "listeners are
entitled to know by whom they are being persuaded." This is especially true where the
content of an advertisement is political in nature.
In a January 2013 report to Congress, the non-partisan General Accountability Office
(GAO) confirmed the FCC's broad authority over requiring adequate sponsorship
identification for all advertisements and made recommendations for the FCC to update its
sponsorship identification rules.
Honorable Wheeler
Page 2 of2
April 30, 2015
It was noted by the GAO, and has been reinforced by others, that key provisions of these
rules have not been updated since the 1940s and 1950s. And the last significant FCC
action in this area was in 1992 - over two decades ago. While I appreciate the FCC's
continued work to ensure that entities are in full compliance with these rules, it is now
time for your agency to begin a holistic review and update of its sponsorship
identification requirements. The past 20 years have seen increased sophistication in the
way companies commercialize their products on TV (through means like video news
releases) and the growth of new political entities, like super political action committees,
influencing the nation's 'elections.
In an era where billions of dollars are being spent to market products and influence
political races with TV advertising, it is high time that the FCC update its rules to ensure
viewers know who actually is footing the bill for these advertisements. The FCC's recent
steps to make the contents of public files accessible online are laudable, but they are no
substitute for making sure listeners know who is behind the ads they are seeing on
television and hearing on the radio.
I intend to introduce legislation in the coming days directing the FCC to take action under
Section 317 and modernize its sponsorship identification rules to reflect the ways
commercial and political advertisers seek to influence Americans today. That legislation
will require the FCC to issue new rules and guidance on both commercial and political
advertisements, and to consider how to make those disclosures more effective given
changes in technology and the ways Americans access information. I look forward to
working with the FCC as this legislation moves forward.
At the same time, I urge the Commission to immediately launch a long-overdue
rulemaking to update its sponsorship identification requirements. Supreme Court
Justice Louis Brandeis made his famous statement that "sunlight is said to be the best of
disinfectants" in a 1913 Harper's Weekly article. The FCC has a critical but largely
underused role to play in making sure that information about the sponsors of television
and radio advertising is open, honest, and transparent to the American public.
Sincerely,~!I~
Bill Nelson
Ranking Member
cc: Honorable John Thune