AMERICAN FAMILY ASSOCIATION. Admonished

[mumon]

(Note to moderators: This is from the e-mail FCC "Daily Digest." Link follows. )

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1000A1.txt

MEMORANDUM OPINION AND ORDER

Adopted: April 12, 2004 Released: April 12, 2004

By the Deputy Chief, Investigations and Hearings Division, Enforcement Bureau:

I. Introduction

1. In this Order, we admonish American Family Association (“AFA”), licensee of noncommercial educational Stations WAEF(FM), Cordele, Georgia, and WBJY(FM), Americus, Georgia, for broadcasting advertisements in violation of Section 399B of the Communications Act of 1934, as amended (the “Act”), 47 U.S.C. § 399b, and Section 73.503 of the Commission's rules, 47 C.F.R. § 73.503. We have carefully reviewed the record, including the complaint and AFA’s response, and conclude that the licensee has violated the pertinent statutory and Commission underwriting rule provisions. While we believe that no monetary sanction is warranted at this time, we find that an admonishment is necessary to redress the statutory and rule violations.


II. Background

2. In response to a listener complaint that AFA’s noncommercial stations had aired commercial advertising, we issued two letters of inquiry to the licensee. AFA responded to our December 1, 2003, inquiries by its submissions dated December 31, 2003. Advertisements are defined by the Act as program material broadcast "in exchange for any remuneration" and intended to "promote any service, facility, or product" of for-profit entities. Although noncommercial educational stations may not broadcast advertisements, contributors of funds to noncommercial stations may receive on-air acknowledgements. The Commission has held that such acknowledgements may be made for identification purposes only, and should not promote the contributors' products, services, or business.

3. Specifically, such announcements may not contain comparative or qualitative descriptions, price information, calls to action, or inducements to buy, sell, rent or lease. At the same time, however, the Commission has acknowledged that it is at times difficult to distinguish between announcements that promote versus those which merely identify the underwriter. Consequently, it expects only that licensees exercise reasonable, good-faith judgment in this area. In sum, the Commission will defer to licensee judgments that are made in good faith and are objectively reasonable.

...

The key facts in this case are not in dispute. AFA represents that it received general contributions from Dr. Joel M. Johnson and that Stations WAEF(FM) and WBJY(FM) aired announcements acknowledging his support. AFA also admits that the announcements, since discontinued, departed from its own internal underwriting guidelines and the Commission’s requirements. AFA further represents that the announcement made over WBJY(FM) encouraging listeners to attend the Jacki Velasquez concert was “spontaneous” and uncompensated, and argues that it therefore constituted a “public service announcement” that did not violate Section 399B of the Act. AFA represents that the announcement made over WBJY(FM) on behalf of Owens Sporting Goods of Albany was a “free sample,” and uncompensated, but admits that its message did not comply with either its own or Commission underwriting guidelines.



Now how come they're not getting their license revoked???


In case anyone doesn't know, the AFA's a very right-wing fundamentalist organization...