FCC REGULATIONS

The Federal Communications Commission (FCC) - is a government agency in Washington, DC.  Radio station DJ’s (and other station personnel) are required to be familiar with the many rules for which the FCC holds stations and announcers accountable.

The FCC regulates all aspects of how the radio industry works – everything from issuing broadcast licenses, allocating call letters, regulating the Emergency Alert System (EAS), inspecting the Online Public Information File (OPIF) or just tuning in to make sure legal IDs are done correctly. Stations that fail to follow FCC rules are regularly fined large amounts of money and depending on the severity of their misdeeds, can also lose their license to broadcast. 

THE LEGAL ID

The FCC requires all stations to identify themselves in this specific way. Called the Legal ID, it must be played during a natural break as close to the top of the hour as possible. Within five minutes on either side of the hour is generally acceptable. The FCC stipulates that the proper legal ID will have the station’s call letters followed by its city of license. For the HSRP, our Legal ID will be: “The (state) High School Radio Project.  A service of the (state) Broadcasters Association.”  The HSRP stations have a “soft marker” baked into our format clocks that should adjust the music to ensure the ID plays around the top of the hour.

PAYOLA/PLUGOLA

The HSRP is a completely noncommercial, educational platform.  That means participating schools are prohibited from selling or airing – even at no charge – any messages of a commercial nature.

That said, Payola and Plugola are two areas where an untrained DJ can get into trouble. Payola is the unreported payment to, or acceptance by, employees of broadcast stations, program producers or program suppliers of any money, service or valuable consideration in return for airplay of any programming. In simpler language, the DJ (or music director or program director) receives some form of compensation in exchange for playing a song over the air.  Simply put, it is illegal for you, as an on-air talent, to receive anything from anyone for broadcasting on our station. Payola is a crime punishable by one year in prison and a fine of up to $10,000.

Plugola is the “plugging” (mentioning) of products, events, venues or services not paid for or underwritten by a sponsor. It occurs when someone responsible for program selection at a radio station gives on-air promotion for something in which he or she has a financial interest. Plugola is often considered a form of employee theft, as the DJ or other staff member is giving away announcements for which the company would otherwise need to pay. Concert promoters and businesses will frequently ask the radio station to “plug” an upcoming event. DJs are free to talk about upcoming events if they so choose, but should be aware that excessively mentioning a business could be perceived as plugola even if the DJ is not receiving any direct benefit.

DEFAMATION OF CHARACTER/SLANDER

Defamation of character is “communication which exposes a person to hatred, ridicule, or contempt, lowers him in the esteem of his fellows, causes him to be shunned, or injured him in his business or calling.” (Sounds like social media, right?)  But this is serious business in the radio business AND for the HSRP. 

Slander is the communication of such statements in a transitory or non-fixed medium, usually through oral (spoken) representation, such as making defaming remarks on the radio. Examples of potentially defamatory statements:

• Accusing a person of professional incompetence or unethical business dealings.

• Accusing a person of a crime or past criminal record without verification.

• Attacking the honesty, virtue, temperance or truthfulness of a person.

• Calling someone, without verification, a liar or saying they have a drinking problem, a disease or a history of psychological problems.

Radio stations can also be charged with slander by rebroadcasting a defamatory statement made by someone else (such as in sound clip from a news story). The best defense against slander and libel is provable truth, so always double check your facts – especially for your news stories!

FALSE INFORMATION/BROADCAST HOAXES

It is illegal to knowingly broadcast false information about a crime or catastrophe, especially if such communications may cause substantial “public harm.” Public harm includes direct and actual damages to people or property and the diversion of law enforcement or public health and safety authorities from their duties.

EDITORIALIZING 

Editorializing is when a DJ goes out of his or her way to offer an opinion about something other than the music played, such as the DJ’s views on abortion, campaign finance reform, or the death penalty.

The HSRP is designed simply to educate students on the fundamentals of programming a music station and being a DJ – that’s it.  This is not a place for editorials or opinions on controversial topics around your school, community or elsewhere. 

THE PUBLIC INSPECTION FILE

The FCC requires all stations to maintain an Online Public Inspection File Public File (OPIF).  Every station must post a link to their OPIF on their station website.  While not required for the HSRP, you should know that the OPIF must include a variety of required documents including, but not limited to: the station’s FCC license, applications, contour maps, ownership reports, political file, equal employment opportunity file, a copy of The Public and Broadcasting manual, quarterly issues/programs lists, donor lists, local public notice announcements (dealing with license renewal) and any material relating to an FCC complaint or investigation.

OBSCENE, INDECENT AND PROFANE BROADCASTS

Yes, it’s Against the Law!

We stated earlier that the HSRP falls outside the FCC’s purview.  Regardless, all students and staff who participate in the HSRP must adhere to the same FCC regulations outlined herein:

It is a violation of federal law to air obscene programming at any time.  Obscene material is not protected by the First Amendment and cannot be broadcast at any time. The Supreme Court has established that, to be obscene, material must meet a three-pronged test:

“The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;

Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and

Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value” (Miller v. California, 1973).

Indecent Broadcast Restrictions

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.” Indecent programming contains patently offensive sexual or excretory material that does not rise to the level of obscenity.

Profane Broadcast Restrictions

The FCC has defined profanity as “including language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.”

Note to HSRP broadcasters:

HSRP participants will not air anything which could be construed to meet any of the above criteria. If a student is unsure or whether material is obscene or indecent, he or she should not air it.  Basically, if content doesn’t pass the “grandma test” – something that you could say or play for your grandmother – it doesn’t go on the HSRP stations.

HSRP students, teachers and administrators are held responsible for all material broadcast during their programs. This includes what an announcer says on air, what any guests say on air, and the recorded music played during the program.

All music in the HSRP must be pre-screened and deemed acceptable for broadcast by your teacher and/or the appropriate SBA music director. Students who play music from sources other than the HSRP music library are responsible for ensuring the music is acceptable for broadcast.  HSRP will revoke your station privileges if this is rule is violated.

For a deeper dive into FCC rules and regulations that all broadcasters must follow, visit the FCC’s “The Public and Broadcasting” page: https://www.fcc.gov/media/radio/public-and-broadcasting