Channels, Spring 2017

Channels • 2017 • Volume 1 • Number 2 Page 17 Promotions and contest regulation must provide clear explanations of contest rules. This is explicitly stated in section 73.1216: “[B]roadcast licensees [are] to comply with their obligation to disclose material contest terms either by broadcasting those terms or by making them available in writing on a publicly accessible Internet website” ( Amendment of Section 73.1216 of the Commission’s Rules Related to Broadcast Licensee-Conducted Contests , 2015, p. 10468). Thankfully, recognizing the ability of broadcasters to utilize websites as a place to provide complete contest and promotion rules and information, the FCC amended §73.1216, allowing “licensees to satisfy their disclosure obligation by posting material contest terms on the station’s website” ( Amendment of Section 73.1216 of the Commission’s Rules Related to Broadcast Licensee-Conducted Contests , 2015, p. 10468). The focus here is for broadcasters to be clear with any contests. Truthful and Detailed Accessibility means equal opportunity for the audience to participate but also requires full disclosure of all information relating to a contest. Pairing the two components, the definition of public interest as applied to contests and promotions stands as ensuring the safety and accessibility for the community the broadcaster serves. Having examined the definition of public interest as applied to contests and promotions, it is important to define the remaining components of the thesis statement: truthful, detailed contests and promotions. Detailed was defined earlier by the explanation of disclosing the “material terms” in section 73.1216 (47 C.F.R. 73.1216 (2015)). Attention will now be directed to the “truthful” component. Communicating the details of any contest begins with truthfulness. The FCC has ordered that “[n]o contest description shall be false, misleading or deceptive” (47 C.F.R. 73.1216 (2015)). The Commission stated in 1974 that broadcasters who practice the following fail “the degree of responsibility expected of licensees:” (1) [D]isseminating false or misleading information regarding amount or nature of prizes; (2) failing to control the contest to assure a fair opportunity . . . to win . . . (3) urging participation . . . at times when it is not possible to win . . . (4) failing to award prizes, or failing to award prizes within a reasonable time; (5) failing to set forth and accurately the rules and conditions for contests; (6) changing the rules or conditions of a contest without advising the public or doing so promptly; and (7) using arbitrary or inconsistently applied standards in judging entries ( Failure of Broadcast Licensees to Conduct Contests Fairly , 1974, pp. 1056-1057). Truthfulness is at the center of these standards as broadcasters are expected to be fair and honest in their promotional conduct. Their conduct must comply with those standards. When a DJ on KDKA jokingly informed his audience that every thirteenth caller of the hour would receive one million dollars, the FCC took action, accusing the station of