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This Manual is published by the Federal Communications Commission (FCC), the federal agency directed by Congress to regulate broadcasting. It provides a brief overview of the regulation of broadcast radio and television licensees, describing how the FCC authorizes broadcast stations, the various rules relating to broadcast programming and operations that stations must comply with, and the essential obligation of licensees that their stations serve their local communities.
You can find information about how to file comments in our rulemaking proceedings by selecting -comment. In addition to adopting rules, we establish broadcast regulatory policies through the individual cases that we decide, such as those involving license renewals, station sales, and complaints about violations of Commission rules.
Commercial and Noncommercial Educational Stations. The FCC licenses FM radio and full power TV stations as either commercial or noncommercial educational (NCE). (Most AM radio stations are licensed as commercial facilities.) Class A television, low power television and television translator stations are neither designated commercial or NCE. Commercial stations usually support themselves through the sale of advertising. In contrast, NCE stations generally meet their operating expenses with contributions received from listeners and viewers, and also may receive government funding. In addition, NCE stations may receive contributions from for-profit entities and are permitted to acknowledge these contributions or underwriting donations with announcements naming and generally describing the contributing party or donor. However, NCE stations cannot broadcast commercials or other promotional announcements on behalf of for-profit entities. The limitations on NCE stations are discussed further in this Manual.
Digital Radio. The FCC also approved digital operation for AM and FM radio broadcast stations (HD radio). As with DTV, digital radio substantially improves the quality of the radio signal and allows a station to offer multicasting over several programming streams, as well as certain enhanced services. Unlike the mandatory digital transition deadline for television stations, radio stations can continue to operate in analog and have discretion whether also to transmit in digital and, if so, when to begin operating digitally. To receive the digital signals of stations that choose to operate in digital, consumers will have to purchase new receivers.
Broadcast licenses generally expire on a staggered basis, by state, with most radio licenses expiring between October 1, 2019, and August 1, 2022, and most television licenses expiring between October 1, 2020, and August 1, 2023, one year after the radio licenses in the same state. Before you file a petition to deny an application, you should check our rules and policies to make sure that your petition complies with our procedural requirements. For a more complete description of these procedures and requirements, see -television-license-renewal for television for television, and https:www.fcc.gov/media/radio/broadcast-radio-license-renewal for radio. Alternatively, you can also file an informal objection, which has fewer procedural requirements, often takes the form of a simple letter, and will be considered if received at any time before we either grant or deny the application. Instructions for filing informal objections can be found at -informal-complaint.
Obscene Material. Obscene material is not protected by the First Amendment and cannot be broadcast at any time. To be obscene, the material must have all of the following three characteristics:
In 1999, the Supreme Court held that the prohibition on broadcasting advertisements for lawful casino gambling could not constitutionally be applied to truthful advertisements broadcast by radio or television stations licensed in states where gambling is legal. Relying upon the reasoning in that decision, the FCC and the United States Department of Justice later concluded that the lottery advertising prohibition may not constitutionally be applied to the broadcast of any truthful advertisements for lawful casino gambling, whether or not the state in which the broadcasting station is located permits casino gambling. For additional information about the rule concerning lotteries, see -contests-lotteries-and-solicitation-funds.
Broadcast of Telephone Conversations. Before broadcasting a telephone conversation live or recording a telephone conversation for later broadcast, a station must inform any party to the call of its intention to broadcast the conversation. However, that notification is not necessary when the other party knows that the conversation will be broadcast or this knowledge can be reasonably presumed, such as when the party is associated with the station (for example, as an employee or part-time reporter) or originates the call during a program during which the station customarily broadcasts the calls. More information on the recording of telephone conversations can be found at -telephone-conversations.
Closed Captioning. Closed captioning is a technology designed to provide access to television programming by persons with hearing disabilities by displaying, in text form, the audio portion of a broadcast, as well as descriptions of background noise and sound effects. Closed captioning is hidden as encoded data transmitted within the television signal. A viewer wanting to see the captions must use a set-top decoder or a television with built-in decoder circuitry. All television sets with screens 13 inches or larger manufactured since mid-1993, including digital sets, have built-in decoder circuitry.
Networks, broadcasters, and subscription TV systems may provide information about the availability of programs with audio description through their websites and in program guides. Some program guides may use the symbol (D) to indicate that the program is audio described. Additional information about the audio description requirements can be found on our website at -description.
False or Misleading Advertising. The Federal Trade Commission has primary responsibility for determining whether an advertisement is false or deceptive and for taking action against the sponsor. The Food and Drug Administration has primary responsibility for the safety of food and drug products. Depending on the nature of the advertisement, you should contact these agencies regarding those you believe may be false or misleading. Additional information about false or misleading advertising can be found at -about-broadcast-advertising.
Offensive Advertising. Unless a broadcast advertisement is found to be in violation of a specific law or rule, the government cannot take action against it. However, if you believe that an advertisement is offensive because of the nature of the item advertised, the scheduling of the announcement, or the way the message is presented, you should consider addressing your complaint directly to the station or network involved, providing the date and time of the broadcast and the product or advertiser in question. This will help those involved in the selection of advertising material to become better informed about audience opinion.
Tobacco and Alcohol Advertising. Federal law prohibits the airing of advertising for cigarettes, little cigars, smokeless tobacco, and chewing tobacco on radio, TV, or any other medium of electronic communication under the FCC's jurisdiction. However, the advertising of smoking accessories, cigars, pipes, pipe tobacco, or cigarette-making machines is not prohibited. Congress has not enacted any law prohibiting broadcast advertising of any kind of alcoholic beverage, and the FCC does not have a rule or policy regulating these advertisements.
Subliminal Programming. The Commission sometimes receives complaints regarding the alleged use of subliminal perception techniques in broadcast programming. Subliminal programming is designed to be perceived on a subconscious level only. Regardless of whether it is effective, the broadcast of subliminal material is inconsistent with a station's obligation to serve the public interest because it is designed to be deceptive.
How to Resolve Blanketing Interference Problems. If you believe you are receiving blanketing or any other type of interference to broadcast reception, we encourage you to first communicate directly, in writing, with the licensee of the station that you believe is causing the interference. If the licensee does not satisfactorily resolve the problem, you can mail or email a complaint to the Commission as follows:
In many cases where there is interference on your television set or radio, the source of the problem could be with your equipment, which may not be adequately designed with circuitry or filtering to reject the unwanted signals of nearby transmitters. We recommend that you contact the equipment manufacturer or the store where you purchased the equipment to attempt to resolve the interference problem. More information on broadcast interference is on the Commission's website at -radio-tv-and-telephone-signals. 041b061a72