FCC Proposes to Allow Internet Posting of Broadcast Contest Rules

Since 1976, the FCC has required broadcasters to communicate the material terms for radio and television licensee-conducted contests over the air. On Friday, November 21, 2014, the FCC voted unanimously to propose to amend and modernize the FCC contest rule to enable licensees to comply with their obligation to disclose material contest terms either by broadcasting the material terms on-air or making such terms available in writing on a publicly accessible website. The FCC is seeking comment on the costs and benefits of their proposals to offer licensees greater flexibility to disclose material terms online, whether radio and television stations should be treated differently, and how and when website addresses should be disclosed.

In its Notice of Proposed Rulemaking, the FCC proposes to allow stations to satisfy their disclosure obligations by posting material contest terms on the station’s Internet website, the licensee’s website, or, if neither the individual station nor the licensee has its own website, any readily publicly accessible Internet website. The FCC further proposes that the “complete, direct website address” where contest material terms are posted must be disclosed “each time the station mentions or advertises a contest.” The FCC explained that this proposal would mean that there must be a “direct” website location where a potential contestant can go without having to further click through to a different webpage. This obligation could serve as a new basis for complaints in the event that the “complete, direct website address” is not given in an identified instance. You may wish to consider commenting on this question, or proposing that a less complex procedure, such as disclosure of a simple link to the station’s homepage or contest webpage where full rules or material terms are posted, would be sufficient. You might also consider commenting on whether the website address must be disclosed “each time the station mentions or advertises a contest,” or if these disclosures should be made only when a station discusses on-air how to enter the contest.

A copy of the FCC’s Notice of Proposed Rulemaking is available at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db1121/FCC-14-184A1.pdf.

Comments will be due 60 days after publication of the NPRM in the Federal Register, and reply comments due 30 days thereafter. We will advise you of the date of publication so that you can participate in this proceeding if you wish.

If you would like to participate by filing comments or reply comments, or have any questions regarding the proposed rule, please contact any attorney in our office.