The Federal Communications Commission (“FCC”) has announced a waiver of broadcast sponsorship identification requirements concerning air time donated by commercial advertisers for public service announcements (“PSAs”) provided by the Centers for Disease Control and Prevention (“CDC”) and other government agencies addressing the COVID-19 emergency.
Sections 317(a) of the Communications Act and 73.1212(a) of FCC’s Rules require disclosure on the air of the identity of anyone who pays for broadcast content. Typically, the naming of a sponsor’s product or service is sufficient to identify who paid for a traditional commercial spot. During the COVID-19 emergency, however, some businesses that signed contracts for advertising do not want to run their spots, because their operations have been suspended or modified during the emergency, or because the content of the spots is inappropriate under current circumstances. Rather than cancelling their contracts, some advertisers have offered to donate their paid time for the broadcaster to use for CDC/government PSAs.
