[grc] FCC reg re "call to action"

[Kim Kaufman]

I don’t want to get into the specifics of the issue but it is definitely not an underwriting issue. Probably more IRS problem. 

 

Further, I was told, related but not the same as the issue I’m dealing with, is that a “call to action” could provide legal liability if a host tells listeners to go to, say, a demonstration, and if there was, say, violence, and the listener got hurt. They could sue Pacifica for telling them to go. Who knows where the lawsuit might go but it would obviously cost time and money to deal with. 

 

Thanks for all the suggestions. 

 

Kim

 

From: Tracy Rosenberg <tracy at media-alliance.org> 
Sent: Saturday, February 5, 2022 4:39 PM
To: Ken Freedman <kenfmu at gmail.com>
Cc: Kim Kaufman <kim.kaufman at att.net>; GRC <grc at maillist.peak.org>
Subject: Re: [grc] FCC reg re "call to action"

 

And it is important to say that the IRS rule mostly focuses on candidates, not on legislation or policy. Hypothetically, if you spent literally the majority of your time as a 501c3 working on legislation, you

would be running afoul of 501c3 regulations, but there is literally no scenario where a radio station could possibly do that. So the key for radio stations is not to endorse or oppose particular candidates. 

 

The FCC prohibitions are part of the underwriting rules and mostly relate to sponsorships and commercial call to actions. In other words, underwritten announcements are not supposed to constitute

specific calls to buy products so they don't sound too much like commercials. So the nexus is a remuneration to the station related to the announcement. A call to action makes it sound very activisty, but

that is really not what the FCC is talking about. They are talking about underwritten announcements. 

 

- Tracy

 

On Sat, Feb 5, 2022 at 4:33 PM Ken Freedman via grc <grc at maillist.peak.org <mailto:grc at maillist.peak.org> > wrote:

Hi Kim -

I think what you’re referring to is an IRS and not an FCC rule. The IRS prohibits 501-c-3 organizations from spending a significant amount of time or money trying to effect elections or legislation. 

Ken Freedman

Sent. From. Phone. 

> On Feb 5, 2022, at 5:40 PM, Kim Kaufman via grc <grc at maillist.peak.org <mailto:grc at maillist.peak.org> > wrote:
> 
> Hi all - 
> 
> My understanding is that NCE's can't do "call to action" things, especially around fed legislation. Does anyone know the FCC reg for this or where to find it? 
> 
> Thank you. 
> 
> Kim Kaufman
> KPFK LSB Treasurer
> 
> 
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Tracy Rosenberg
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