FCC Rules You Need to Know
The Federal Communications Commission (FCC) was created by Congress in 1934 when it
adopted the law known as the Communications Act of 1934. This law gives the FCC the
authority to regulate radio and television stations. WCUR is licensed by the FCC, which can
revoke our license and impose fines if we violate their rules and regulations. As a WCUR
member, you must abide by these rules. Failure to do so will result in dismissal.
The Designated Chief Operator
Every broadcast station must have a designated chief operator (DCO). This person is
responsible for making sure the station operates according to FCC rules. Among other duties,
the DCO makes sure the station stays on its assigned frequency, operates at its authorized
power, and sends and receives tests of the Emergency Alert System (EAS). The DCO has the
authority to turn the WCUR transmitter off and on, and to take any steps necessary to ensure
FCC compliance. You must abide by any official directive given by the DCO. At the present
time, Dr. Smith, the faculty advisor, serves as our DCO.
Obscenity and Indecency
Obscene speech is not protected by the First Amendment and cannot be broadcast at any time.
To be obscene, it meets a three prong test: 1.) an average person, applying contemporary
community standards, must find that the material, as a whole, appeals to prurient interest; 2.)
the material must depict or describe, in a patently offensive way, sexual conduct; 3.) the
material, taken as a whole, must lack serious literary, artistic, political, or scientific value.
Obscene speech is different from indecent speech. Indecent speech is protected by the First
Amendment, but the FCC has the authority to restrict its broadcast. The FCC has defined
broadcast indecency as “language or material that, in context, depicts or describes, in terms
patently offensive as measured by contemporary community standards for the broadcast
medium, sexual or excretory organs or activities.” The FCC restricts indecency to avoid its
broadcast during times of the day when there is a reasonable risk that children may be in the
audience. Thus, broadcast that fall within the definition of indecency and are aired between
6:00 AM and 10:00 PM are subject to indecency enforcement action. It is better to stay on the
side of safety, and avoid saying on the air or broadcasting music which could be considered
indecent.
Basically… obscene content is offensive, crude, and derogatory. Some good examples would
include the words: shit, cunt, fuck, asshole… you get the idea. Indecent content includes words
that could be offensive and tasteless. Think of these as words/concepts that you wouldn’t want
to say in front of your uptight grandmother. A good example would be alluding to sexual
activity with colorful language. To further clarify, the FCC allows professional organizations to
get away with indecent language during safe-harbor hours with reason. WCUR, as a school
organization and representative of the community, does not allow for obscene/indecent
language to be broadcast at any time. We do recognize that sometimes mistakes happen, but
make it easy for yourself. Don’t let them happen.
Candidates for Public Office
When any qualified candidate for public office has been permitted to broadcast a political
message on WCUR, we must afford equal opportunities to all other such candidates for that
office. This rule does not apply to newscasts or on-the-spot coverage of news events. WE must
keep careful records of any political broadcast in our public inspection file. For this reason,
notify the DCO before airing a political broadcast.
Personal Attacks
Personal attacks occur when, during the presentation of views on a controversial issue of public
importance, an attack Is made upon the honesty, character, integrity or personal qualities of an
indentified person or group. FCC rules require that after a personal attack, the licensee must,
no later than one week after the attack, send to the person or group attacked: a.) a notification
of the date, time, and identification of the broadcast; b.) a tape, script, or accurate summary of
the attack; and c.) an offer of reasonable opportunity to respond over the air. To avoid invoking
this rule, please avoid making personal attacks on the air.
Telephone Conversations
Before recording a telephone conversation for broadcast, or broadcasting a telephone
conversation simultaneously with its occurrence, a station must inform any party to the call the
of its intention to broadcast the conversation. This includes recordings made for news or sports
broadcasts, as well as request or “dedication” shows. The FCC typically does not enforce this
rule for conversations whose broadcast can reasonably be presumed, such as call-in talk shows.
Even during such programs, however, it’s a good idea to screen calls before placing them on the
air, and to notify callers that their conversation will be broadcast.
Broadcast Hoaxes
Broadcasting false information concerning a crime or a catastrophe constitutes a violation of
FCC rules if 1.) you knew this information was false, 2.) it was foreseeable that broadcast of the
information would case substantial public harm, and 3.) broadcast of the information did in fact
directly cause substantial public harm. In this context, a “crime” is an act or omission that
makes the offender subject to criminal punishment by law, and a “catastrophe” is a disaster or
imminent disaster involving violent or sudden events affecting the public. “Public harm” must
begin immediately, and cause direct and actual damage to property or to the health or safety of
the general public, or diversion of law enforcement or public health and safety authorities from
their duties.
Lotteries
Federal law prohibits the broadcast of any advertisement of or information concerning a
lottery. A lottery has been defined as any game, contest, or promotion that combines prize,
chance and consideration. There are a number of exceptions to this provision, including state
lotteries.