FCC ANNOUNCES THAT STATIONS MUST CERTIFY THAT SALES CONTRACTS HAVE CONTAINED NON-DISCRIMINATION LANGUAGE
AS OF MARCH 14, 2011

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As we have previously reported, every commercial station licensee will be required to certify as a part of the FCC license renewal application that its advertising sales contracts do not discriminate on the basis of race or ethnicity and that the station’s sales agreements contain a non-discrimination clause.  The FCC this week announced that, for the upcoming license renewal cycle, this certification will cover the period from March 14, 2011 to the date on which a station files its license renewal application.  For subsequent license renewal cycles, the certification will cover the entire license term. 

If your sales agreements do not include a specific non-discrimination clause, it should be added immediately.  The FCC’s announcement did not provide any further clarification of language that must be included in station advertising contracts, but we have previously recommended the following:

NON-DISCRIMINATION POLICY:  [Licensee] and its station(s) do not discriminate in advertising contracts on the basis of race or ethnicity, and will not accept any advertising which is intended to discriminate on the basis of race or ethnicity.  Advertiser represents and warrants that it is not purchasing advertising time from [Licensee] or its station(s) that is intended to discriminate on the basis of race or ethnicity.

If you have any questions concerning this matter, please contact an attorney in our office at (202) 429-8970.

 

 

March 17, 2011

 

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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice.

We would be pleased to provide additional details or advice about specific situations if desired.

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