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elkiewheels
Guest
Today I received a form letter from WFRN reminding me of election day on May 8 and asking me to vote for Jerry Brewton. Is it common place for radio stations to send out political mailers?
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The FCC had a major decision allowing a show or personality on a non com to endorse a candidate. In the decision it was preceded and followed by "The is a personal endorsement and not the opinion of the staff management or station.
If WFRN did such a thing this is not free speech but a non com endorsing a candidate and a license challenging action.
If WFRN did such a thing this is not free speech but a non com endorsing a candidate and a license challenging action.
Is WFRN licensed as an NCE in the commercial band, or is it simply a corporation owning a station operating religious programming? Does their class of license prohibit them from running paid advertising on the air?
That still leaves us with the question: Can an FCC licensee (commercial or non-commercial) engage in the distribution of printed political material, and does the Supreme Court ruling on Citizens United open up that question for a whole new set of answers?
That still leaves us with the question: Can an FCC licensee (commercial or non-commercial) engage in the distribution of printed political material, and does the Supreme Court ruling on Citizens United open up that question for a whole new set of answers?
WFRN at one time ran spots in their programming. I have not listened in years so I can't verify whether or not they still do....
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elkiewheels
Guest
Thank you very much for the info gentlemen.
Goat Rodeo Cowboy said:
WFRN is a commercially-licensed station.
I don't see anything in FCC rules that would limit the free speech rights of WFRN's licensee in areas outside the scope of its broadcast licenses. I am not an elections lawyer (or a lawyer of any kind), but I suspect the issue here, if there's any issue at all, would be whether the promotion of a specific candidate in printed materials represents a donation-in-kind that would have to be reported as a campaign contribution. That's not an FCC question.
The FCC does not prevent licensees from distributing paid political material outside the stations' airwaves. What I do find interesting: WFRN is a non-profit, and the IRS does prohibit certain classes of non-profits from endorsing candidates, particularly churches. I know WFRN isn't owned by any single church, but I don't know exactly how "Progressive Broadcasting System" is structured.
A recent FCC decision shows that Non Com stations cannot endorse a candidate but that specific hosts can endorse anyone they want, so long as the endorsement is preceded and followed by a statement about this being a personal endorsement not reflecting the opinion of staff or management. . Muddy waters with a Non Com and a Commercial License. Who knows?
This is a Vance Hartke question of the kind that killed WIFE and WIFE FM. If the station is shown to have provided something for one candidate they did not for another, whether this is value added or not, it affects a payment to the Licensee.
Political rates for commercial stations are very important. If WFRN provided a candidate anything it didn't also provide to another candidate, and then the candidate is shown to have had on air announcements this is a license challenge, possibly. If WFRN provided this candidate anything not billed and then not accounted for in the political rate, the candidate will have been given a lower rate. This is an FCC issue.
Any action by a Licensee such as an endorsement or mailer is tied to the bottom line, money. If there is no proper accounting for the funds the FCC would reasonably determine the station cut the political rate.
This is a Vance Hartke question of the kind that killed WIFE and WIFE FM. If the station is shown to have provided something for one candidate they did not for another, whether this is value added or not, it affects a payment to the Licensee.
Political rates for commercial stations are very important. If WFRN provided a candidate anything it didn't also provide to another candidate, and then the candidate is shown to have had on air announcements this is a license challenge, possibly. If WFRN provided this candidate anything not billed and then not accounted for in the political rate, the candidate will have been given a lower rate. This is an FCC issue.
Any action by a Licensee such as an endorsement or mailer is tied to the bottom line, money. If there is no proper accounting for the funds the FCC would reasonably determine the station cut the political rate.
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