The Federal Communications Commission's Enforcement Bureau has released an Enforcement Advisory reminding broadcasters of their obligation to include non-discriminatory language in advertising agreements.  This follows on the FCC’s recent revision of the license renewal application (Form 303-S, March 2011 version) that broadcasters must file with the FCC during the license renewal cycles, which begin on June 1, 2011. As I’ve blogged previously, the new renewal application requires applicants for commercial broadcast stations to certify that the licensee’s advertising agreements do not discriminate on the basis of race or ethnicity and that all such agreements contain certain nondiscrimination clauses.  Prohibited discrimination would include “no urban/Spanish” dictates. 

Broadcasters must have a good faith basis for making this certification and a reasonable basis for believing that factual information provided to the FCC is truthful and accurate.  For example, a broadcaster relying upon a third party for advertising agreements still remains responsible for complying with the FCC’s non-discrimination requirements.  Applicants who cannot make this certification must include an exhibit explaining the reasons why including an explanation of the person and matters involved and why the FCC should grant the renewal application. 

The certification covers the period from March 14, 2011 (the effective date of the new Form 303-S) through the date that the station files renewal application.  For subsequent renewal applications, the certification will cover the entire renewal term. 

NCE licensees are not required to make this certification.