LPFM Advisory Letter #23: Increased enforcement of underwriting announcements
Carr letter to NPR and PBS is very serious and all non-NPR NCE/LPFM stations should immediately take notice.
As reported today in the New York Times, FCC Chairman Brendan Carr has sent a letter to both National Public Radio (NPR) and Public Broadcasting System (PBS) stating that he has asked the Enforcement Bureau to open an investigation regarding t he airing of NPR and PBS programming across their member stations.
The letter states that NPR and PBS broadcasts may be violating federal law by airing commercials. In particular, underwriting announcements that cross the line into prohibited commercial advertisements.
On November 13, 2024, REC Networks, in a FCC101 segment warned about the concern that NPR and PBS were stations airing what could be construed as commercials was mentioned in Project 2025, the Heritage Foundation playbook for the next presidency.
We advise NCE stations (which includes LPFM) that we should not expect the FCC to only stop at NPR members but any NCE/LPFM station can be vulnerable.
At this time, we are recommending that all NCE/LPFM stations immediately remove all underwriting that is obviously non-compliant or “pushes the envelope”. Consistent with our original advice in the FCC101 article, NCE/LPFM stations should:
Make sure all underwriting follows a traditional “business card” model and avoid taking advantage of some “enhanced underwriting” guidelines, especially if you are unable to exactly determine how they should be interpreted or do not have the ability to conduct legal research. The traditional “business card” model is simply the name and access information (providing a phone number, address or website without a call to action or sounding overly promotional). AVOID USING SLOGANS. They are very subjective and could be considered as value added.
Do not conduct live reads of underwriting messages. Too many things can go wrong.
NEVER ALLOW THE UNDERWRITER TO VOICE THEIR OWN ANNOUNCEMENT. Always use a neutral station voice and never put music behind the announcement. Underwriting announcements can only be made in breaks in programming and the lack of music can be a good demarcation between program content and a station break. Try to limit underwriting to the beginning and ending of programs or at hour breaks during multi-hour programs.
Do not conduct live remotes on behalf of an underwriter. Too many things can go wrong here.
Do not do sponsored PSAs. That is a time sale, which is prohibited by the Communications Act. Simply identify the underwriter and their access information.
Do not sell time to DJs or allow anyone to purchase time on the station. This includes short messages (or “dollar a holler” or “tradio” in exchange for a donation).
NEVER ALLOW YOUR STAFF TO PROMOTE THEIR BOOKS, MUSIC OR PRODUCTS ON THE AIR. NEVER DO PAID INTERVIEWS. These things have never been allowed.
Do not publish rate cards on your website that show a “per-spot” rate and do not provide information on how many seconds long the underwriting message is. Instead, encourage underwriters to build a relationship with the station and then negotiate an acknowledge plan directly with no written materials or contracts that promise a specific number of spots.
At this time, follow all underwriting rules even if the sponsor is a nonprofit, unless you are well funded and can afford to have attorneys on retainer to defend any issues.
There is more information in the REC Compliance Guide.
The Trump and Carr administrations have declared war on NPR and PBS and they are looking for any way to take them down. Other NCE/LPFM stations, including Christian stations, could be the victim of collateral damage. Do not assume that bad things will only happen to NPR and PBS. EVERY NCE/LPFM STATION IS A POTENTIAL TARGET.
Forfeitures for underwriting violations have traditionally ran in the five figures, but with this increased enforcement, there’s a potential that more egregious violators of the underwriting rules may experience upward forfeitures that could lead into six figures.
We know this is drastic and hopefully, this turns out to be undue panic. But we want stations to remain safe during this current administration.
If you have any questions, please contact your attorney. If your attorney has any additional questions, they can contact REC.
We wish you all the best of luck. STAY SAFE!
Commissioner Gomez Statement on FCC Investigation into NPR and PBS
Ok , good to know. NPR , PBS and CPB are drawing some heat for being overtly politically biased towards progressive politics. That's inline with their major donors. If our sister stations let their DJs know to stay away from pandering and political narratives, that goes a long way, people don't want to hear it.
Here is a not entirely different take on this subject from The Broadcast Law Blog. They are clear that true non-profit organization may buy, essentially, "advertising" on non-com stations. I do realize that I am none too sure that the Trump administration gives much of a damn about the law but I thought that this was another good take on this subject.
The Broadcast Law Blog link:
https://www.broadcastlawblog.com/2025/01/articles/as-fcc-chairman-announces-an-investigation-into-alleged-pbs-and-npr-advertising-a-look-at-the-underwriting-requirements-for-all-noncommercial-broadcast-stations/