Does Your Station have a Programming Policy? Maybe it should!

Over the years, broadcasters have faced a With all the problems broadcasters have had over the years, a number of principles can be stated that make good sense for responsible broadcasting. The one area that has unquestionably received attention from the former FCC administration was broadcast programming standards, and with the enhanced regulation anticipated from the new FCC leadership, it may be time to take a serious look at your published program standards. Just as important, make sure all staff are aware of them, that they are posted at the station and that they are a part of the personnel manual explicitly made a part of the employment agreement that governs each employment relationship.

Fortunately, programming standards have long been a part of the standard time brokerage agreement. A number of such standards have emerged as a consensus list from communications lawyers over the years. There may be more, and some agreements may not include all of these, but here is a good list to begin with. Licensees should make sure each employee understands that they are required to maintain broadcasting and programming of the highest possible standard of excellence. To do so, they should observe these policies in the preparation, writing and production of programs:

1. Respectful of Faiths. The subject of religion and references to particular faiths and tenets shall be treated with respect at all times.

2. Controversial Issues. Any discussion of controversial issues of public importance shall be reasonably balanced with the presentation of contrasting viewpoints in the course of overall programming; no attacks on the honesty, integrity, or like personal qualities of any person or group of persons shall be made; and Station programs (other than public forum or talk features) are not to be used as a forum for editorializing about individual candidates. If such events occur, Licensee may require that responsive programming be aired. In the event that a statute, regulation or policy is adopted that requires the airing of responsible programming, Time Broker agrees to comply with such statute, regulation or policy and will prepare such responsible programming.

3. Donation Solicitation. Requests for donations in the form of a specific amount shall not be made if there is any suggestion that such donation will result in miracles, physical cures or life-long prosperity. However, statements generally requesting donations to support a broadcast or church are permitted.

4. Treatment of Parapsychology. The advertising or promotion of fortune telling, occultism, astrology, phrenology, palm reading, or numerology, mind-reading, character readings, or subjects of the like nature will not be broadcast.

5. No Ministerial Solicitations. No invitations by a minister or other individual appearing on the program to have listeners come and visit him or her for consultation or the like shall be made if such invitation implies that the listeners will receive consideration, monetary gain, or total physical cures for illness.

6. No Vending of Miracles. Any exhortation to listeners to bring money to a church affair or service shall not contain any suggestion that miracles, physical cures, or prosperity will result.

7. Sale of Religious Artifacts. The offering for sale of religious artifacts or other items for which listeners would send money is prohibited unless such items are normally available in ordinary commerce or are clearly being sold for proper fund-raising purposes.

8. No Miracle Solicitation. Any invitation to listeners to meet at places other than a church and/or to attend other than regular services of a church is prohibited if the invitation, meeting, or service contains any claim that miracles, physical cures or prosperity will result.

9. No Plugola or Payola. The mention of any business activity or "plug" for any commercial, professional, or other related endeavor, except where contained in an actual commercial message of a sponsor, or otherwise lawful, is prohibited.

10. No Lotteries. Announcements giving any information about lotteries or games prohibited by federal or state law or regulations are prohibited.

11. No Gambling. References to "dream books," the "straight line," or other direct or indirect descriptions or solicitations relative to the "numbers game," or the "polity game," or any other form of gambling are prohibited.

12. No Numbers Games. References to chapter and verse paragraphs, paragraph numbers, or song numbers, which involve three digits should be avoided and, when used, must reasonably relate to a non-gambling activity.

13. Election Procedures. At least fifteen (15) days before the start of any lowest-unit-charge period for any primary or general election, Time Broker will clear with Licensee's General Manager the rates Time Broker will charge for time to be sold to candidates for public office or to any other party entitled to the lowest unit charge to make certain the rates charged are in conformance with applicable law and station policy. Time Broker shall also clear with Licensee's General Manager its forms for disclosure of political time sales practices and rates.

14. Required Announcements. Time Broker shall broadcast (i) an announcement in form satisfactory to Licensee at the beginning of each hour to identify the Station, (ii) an announcement at the beginning of each broadcast day or appropriate broadcast period to indicate that program time has been purchased by Time Broker and (iii) any other announcement that may be required by law, regulation or Station policy.

15. Commercial Record Keeping. No commercial messages or "plugs" shall be made in programming presented over the Station with reference to any business venture, profit-making activity, or other interest (other than non-commercial announcements for bona fide charities, church activities, or other public service activities) in which Time Broker or its employees is or are directly or indirectly interested without the same having been approved in advance by Licensee's General Manager or such broadcast being announced and logged as sponsored.

16. No Illegal Announcements. No announcement or promotion prohibited by federal or state law or regulation of any lottery or game shall be made over the Station.

17. Licensee Discretion Paramount. In accordance with Licensee's responsibility under the Communications Act of 1934, as amended, and the rules and regulations of the FCC, Licensee reserves the right to reject or terminate any advertising or programming being presented over the Station which is in conflict with Station policy or which in Licensee's sole but reasonable judgment would not serve the public interest.

18. Programming Prohibitions. Time Broker shall not knowingly broadcast any of the following programs or announcements:

A. False Claims. False or unwarranted claims for any product or service.

B. Unfair Imitation. Infringements of another advertiser's rights through plagiarism or unfair imitation of either program idea or copy, or any other unfair competition.

C. Commercial Disparagement. Any unfair disparagement of competitors or competitive goods.

D. Profanity. Any programs or announcements that are slanderous, obscene, indecent (except during the safe harbor for indecent programming established by the FCC), profane, vulgar, repulsive or offensive, either in theme or treatment.

E. Unauthenticated Testimonials. Any testimonials which cannot be authenticated.

F. Descriptions of Bodily Functions. Any presentation which describes in a repellent manner bodily functions.

G. Advertising. Any advertising matter or announcement which may, in the opinion of Licensee, be injurious or prejudicial to the interests of the public or the Station, or to honest advertising and reputable business in general.

H. Contests. Any contests or promotions which are in any way misleading or constitute a public nuisance or are likely to lead to injury to persons or property.

I. Telephone Conversations. Any programming in violation of any statute, regulation or policy, including without limitation to, Section 73.1206 of the FCC's rules, or any successor regulation, dealing with the recording and/or broadcast of telephone conversations.

Wherever questions of policy or interpretation arise, the employee should obtain a decision from the Licensee.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.