**DA 01-1169**

May 8, 2001

**MASS MEDIA BUREAU ACTION**

**COMMENT SOUGHT ON THE ADVERTISING COUNCIL REQUEST FOR DECLARATORY
RULING OR WAIVER CONCERNING SPONSORSHIP IDENTIFICATION RULES**

On March 27, 2001, the Advertising Council, Inc. ("Ad Council") filed a
"Request for an Expedited Declaratory Ruling or Waiver of Section 317 of
the Communications Act." Section 317 of the Communications Act ("Act")
states that all matter broadcast by a station in exchange for
consideration from any person shall, at the time the matter is
broadcast, be announced as paid for or furnished by that person. 47
U.S.C. § 317. Section 317 also states that the requirement of an
announcement may be waived if the Commission "determines that the public
interest, convenience, or necessity does not require the broadcasting of
such announcement." 47 U.S.C. § 317(d).

The Ad Council requests a declaratory ruling that neither Section 317 of
the Act nor the corresponding Commission Rule (Section 73.1212) requires
that the White House Office of National Drug Control Policy (ONDCP) be
identified as the sponsor of certain public service announcements
("PSAs"). The subject PSAs are aired by a station as part of its
statutorily required matching contribution for broadcast time purchased
by ONDCP in connection with the National Youth Anti-Drug Media
Campaign.[^1] The Ad Council argues that Section 317 does not apply to
these matching PSAs because consideration is not paid to the station for
airing them. Even if Section 317 applies, the Ad Council argues that, by
identifying the organizations that produce, edit and otherwise control
the PSAs as the sponsors of the PSAs, they already comply with Section
73.1212 and conform to Commission precedent.

As an alternative to a declaratory ruling, the Ad Council requests that
the FCC waive the requirement that the ONDCP be identified as sponsor of
the PSAs pursuant to Section 317(d). It argues that such a waiver would:
prevent economic hardship to the actual sponsors of the PSAs, prevent
public confusion, promote the goals of Section 317 by accurately telling
listeners who is persuading them, and conform to Commission precedent.

The Advertising Council's filing will be available for public inspection
and copying during regular business hours in the Federal Communications
Reference Information Center:

> FCC Reference Information Center
>
> Room CY-A257
>
> 445 12^th^ Street, SW
>
> Washington, DC 20554.

The filing is also available at the FCC Mass Media Bureau website,
http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices.

Copies of the filing are available for purchase from:

> International Transcription Service, Inc. (ITS)
>
> Room CY-B402
>
> 445 12th Street, SW
>
> Washington, DC 20554
>
> www.itsdocs.com
>
> \(202\) 314-3070
>
> \(202\) 314-3076 (fax)
>
> \(202\) 484-8831 (TTY)

The public may submit comments on the Advertising Council's filing on or
before May 29, 2001, and replies to those comments on or before June 8,
2001. Comments and replies should specifically reference this Public
Notice (DA 01-1169**)**. Commenters must file an original and four
copies of all comments and reply comments to the Commission's Secretary:

Magalie Roman Salas

Office of the Secretary

Federal Communications Commission

445 12^th^ St., SW

Room TW-A325

> Washington, D.C. 20554

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules. See 47 C.F.R. §§
1.1200, 1.1206. *Ex parte* presentations, as defined in the Commission's
rules, are any presentations that, if written, are not served on the
parties to the proceeding, or, if oral, are made without advance notice
to the parties and without opportunity for them to be present. In
"permit-but-disclose" proceedings, persons may make *ex parte*
presentations but must then disclose them to the parties. Rules
pertaining to oral and written *ex parte* presentations in
"permit-but-disclose" proceedings are set forth in Section 1.1206(b) of
the Commission's rules, 47 C.F.R. § 1.1206(b).

Mass Media Bureau Contact: Hope Cooper, (202) 418-1440.

[^1]: Drug-Free National Media Campaign Act of 1998, 21 U.S.C. § 1801
    *et seq*.