Federal Communications Commission

Washington, D.C. 20554

In reply refer to:

EB-00-IH-0297 -KMS

March 9, 2001

**Released: March 9, 2001**

The Honorable Ron Wyden

United States Senate

516 Hart Senate Office Building

Washington, D.C. 20510-3703

The Honorable John B. Breaux

United States Senate

503 Hart Senate Office Building

Washington, D.C. 20510-1803

Dear Senators Wyden and Breaux:

This responds to your letter of September 12, 2000, in which you
requested that the Commission conduct an investigation regarding the
airing of a Republican National Committee advertisement allegedly
containing a subliminal message.

In your letter, you stated that you are troubled by the allegations that
stations aired an advertisement which contained a subliminal
message---specifically, that the advertisement "displayed the word
'RATS' as it attacks Vice President Gore's prescription drug
proposal"\--and that you believed "that it is in the best interests of
both political parties, and all Americans, that the Federal
Communications Commission conduct an immediate and impartial review of
this matter." In support of your request, you cited to a 1974 public
notice in which the Commission stated its belief that broadcasts using
subliminal messages are contrary to the public interest. In 1974, the
Commission issued a public notice stating its belief that the " use of
subliminal perception is inconsistent with the obligations of a
licensee" and made it "clear that broadcasts employing such techniques
are contrary to the public interest." Furthermore, the Commission stated
that "\[w\]hether effective or not, such broadcasts clearly are intended
to be deceptive."[^1]

In response to your letter, the Enforcement Bureau sent inquiry letters
to the licensees of 217 stations specifically alleged by you to have
aired this ad. In the inquiry letter, the Enforcement Bureau asked the
licensees of the named stations whether they aired the advertisement. If
they aired the advertisement, the letter then asked the licensees to
answer the following: what dates did they broadcast the advertisement;
how many times did it air; and whether the licensees or any of their
officers, directors or employees knew it contained the word "RATS" prior
to any of the times they broadcast the advertisement. Lastly, we asked
the licensees that broadcast the advertisement even though they knew it
contained the word "RATS" to explain the facts and circumstances
surrounding their decision to do so. We received a response from all of
the licensees to which we sent inquiry letters.

Of the 179 stations that responded that they had aired the
advertisement, 162 indicated that, when they aired the advertisement,
they were not aware that the advertisement contained the word "RATS." Of
those that aired the advertisement knowing the word "RATS" appeared in
it, several stations stated that they did so because they were able to
see the word and, therefore, they believed that it was not subliminal.
Some of these stations and other stations stated that they did so
because they believed that they were prohibited from censoring the
advertisement by Section 315 of the Communications Act because the
advertisement contained a use\--a positive, identifiable appearance by a
candidate.

Based on our review of the responses submitted by the stations, we
conclude that no further action is warranted.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

cc: Stations

[^1]: *Public Notice Concerning the Broadcast of Information By Means of
    "Subliminal Perception" Techniques*, 44 FCC 2d 1016, 1017 (1974).