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Tuesday, November 14, 2006

NABC Refutes Latest Claim by Group Alleging Improper TV Station Disclosures

NABC Refutes Latest Claim by Group Alleging Improper TV Station Disclosures

NABC Rejects Group's Application of FCC Sponsorship Identification Rules

WASHINGTON, Nov. 14 /PRNewswire/ -- The National Association of Broadcast Communicators (NABC), an association of public relations video producers and distributors, has reviewed the latest claims made by the Center for Media and Democracy (CMD) alleging improper sponsorship disclosures on the part of local television stations. NABC has found -- once again -- that there appear to be no violations of any rules or regulations of the Federal Communications Commission (FCC).

The FCC is currently reviewing whether a group of television stations disclosed sources as required by the Commission's rules and regulations when airing video news releases (VNRs), the video version of printed press releases. VNRs are made available to broadcasters without charge or obligation by public relations professionals and broadcast public relations companies acting on behalf of third parties.

The FCC inquiry was initiated after a report was submitted to the FCC last April by CMD. The report alleges that some television stations aired VNRs without disclosing their sources to viewers, charging that this violated the FCC's sponsorship identification requirements.

The original report was thoroughly refuted by the NABC and the Radio-Television News Directors Association (RTNDA) in filings presented to the FCC in October.

"The new report appears to contain the same unsupported allegations and baseless charges made in the first one," said Kevin Foley, president of the NABC. "We reviewed the applicable rules and we presented a compelling legal case to the FCC showing that none of the CMD cases appeared to violate any FCC rules. The CMD has not contradicted our legal arguments. At this late date, after all of their allegations, they still can point to no FCC rule that appears to have been violated."

The RTNDA said the original report was "rife with unsubstantiated accusations and misleading half-truths," and called for a halt to the inquiry, which it called "an unprecedented regulatory intrusion into newsroom operations."

While the NABC supports the Commission's efforts to ensure compliance with its sponsorship identification requirements, the rules and a long line of precedent interpreting those rules show that sponsorship identification is required only when a VNR relates to (1) controversial issues of public importance, (2) political matters or (3) matters for which stations receive payment or other consideration for broadcasting pre-packaged materials. The NABC told the Commission on October 16 that none of the cases cited in the CMD's first report appeared to meet any of these tests. CMD's latest report appears to contain the same type of unsupported allegations.

The FCC's rules and regulations do not require identification by broadcasters of the sources or sponsorship of information they air, except under the limited circumstances described above. In recognition of their First Amendment rights, broadcasters generally are free to exercise their editorial discretion and to use VNRs that reference commercially available products or services without violating FCC requirements.

The NABC is confident that the FCC will consider this issue within the framework of its existing rules and precedent, with due respect for the First Amendment rights of newscasters to make editorial decisions, and that the result of this investigation will be confirmation of a high degree of compliance with applicable FCC requirements.

The NABC establishes standards and guidelines for the professional activities of its member companies and to represent the profession before the broadcast industry, the regulatory community and the public relations industry.

More information is available at http://www.broadcastcommunicators.org/.

Source: The National Association of Broadcast Communicators (NABC)

CONTACT: Mike Hill, NABC, +1-212-684-8910

Web site: http://www.broadcastcommunicators.org/

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