FCC ANNOUNCES THAT STATIONS
MUST CERTIFY THAT SALES CONTRACTS HAVE CONTAINED NON-DISCRIMINATION LANGUAGE
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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. Copyright © 2011, Lerman Senter PLLC 2000 K Street NW,
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