**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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DECLARATORY RULING

**Adopted: May 1, 2008 Released: May 1, 2008**

By the Assistant Chief, Policy Division, Media Bureau:

1.  In this Order, we grant in part a petition for declaratory ruling
    filed by the Christian Broadcast Network, Inc. ("CBN"), producer of
    a 60-minute television program entitled "The 700 Club." This program
    airs weekdays on 100 television stations in the United States, as
    well as on the ABC Family Channel cable network, FamilyNet, and
    Trinity Broadcasting Network.[^1] In its petition, CBN asks the
    Commission to declare that the subject program qualifies in its
    entirety as a *bona fide* newscast within the meaning of Section
    315(a) of the Communications Act of 1934, as amended (the "Act"), 47
    U.S.C. § 315(a), or, in the alternative, that the news segments
    aired on "The 700 Club" qualify as *bona fide* newscasts and the
    news interview segments qualify as *bona fide* news interviews
    pursuant to Section 315(a).[^2] For the reasons set forth below, we
    conclude that the newscast and news interview segments of "The 700
    Club" qualify for the *bona fide* newscast and news interview
    exemptions under Section 315(a), respectively, and that these
    segments conducted on the program are exempt from equal
    opportunities.

2.  Section 315(a) of the Act provides that, if a licensee allows a
    legally qualified candidate for public office to use a broadcast
    station, it must afford equal opportunities to other such candidates
    for that office. Section 315(a) also states, however, that
    appearances by legally qualified candidates on four categories of
    *bona fide* news programming, including *bona fide* newscasts
    (Section 315(a)(1)) and *bona fide* news interviews (Section
    315(a)(2)), are exempt from equal opportunities requirements.
    Congress qualified all four categories of exempt news programming
    with the term "*bona fide*," which "was intended to emphasize
    Congress' intent that the program be of genuine news value and not
    be designed to serve the political advantage of any particular
    candidacy."[^3] In deciding that "Entertainment Tonight" qualified
    as a *bona fide* newscast, the Mass Media Bureau stated that its
    "role is not to decide, by some qualitative analysis, whether one
    kind of news story is more *bona fide* than another." It further
    stated that, "\[s\]o long as the program characteristics set out by
    Congress are met, \[its\] role is properly limited to determining
    whether a broadcaster was reasonable in deciding that a program fits
    within an exemption."[^4]

3.  In considering whether the format of a program qualifies as a "*bona
    fide* newscast," the Commission considers "whether the program
    reports news of some area of current events, in a manner similar to
    more traditional newscasts."[^5] The Commission considers the
    following factors when determining whether a program qualifies as a
    "*bona fide* news interview": (1) whether the program is regularly
    scheduled; (2) whether the broadcaster or an independent producer
    controls the program; and (3) whether the broadcaster's or
    independent producer's decisions on format, content, and
    participants are based on newsworthiness rather than on an intention
    to advance or harm an individual's candidacy.[^6]

4.  CBN states that the entire program meets Section 315(a)(1)'s
    criteria for a *bona fide* newscast and is, therefore, exempt from
    the equal opportunities requirements of Section 315(a). It contends
    that "a major portion and, occasionally a majority, of each program
    consists of newscasts and news interviews," and that "\[i\]t is
    unquestionable that *The 700 Club* reports news 'of current events,
    in a manner similar to more traditional newscasts.'"[^7] It asserts
    that its newscast segments include "anchor readers," reporter
    packages and/or interviews. Regarding its news interview segments,
    CBN states that "all questions are prepared by a CBN employee based
    upon journalistic news principles,...\[l\]ive guests speaking on
    news and political subjects are not given advance notice of the
    questions to be asked,"[^8] and interviewees are selected based on
    newsworthiness and other factors. It further states "that *The 700
    Club*, its newscasts and news interviews, are not designed to
    further any candidate's campaign, and the appearances of candidates
    during those newscasts and interviews is designed to inform CBN
    viewers and not to further any candidate's campaign."[^9] CBN
    describes the program as including news segments, as well as "live
    and taped interviews with guests, special features, music, coverage
    of financial issues, and religious ministry."[^10] In an attachment
    to its petition, CBN lists the news topics contained in six airings
    of *The 700 Club*, indicating that the total news content of these
    programs ranged in length from 13 minutes, 30 seconds to 18 minutes,
    25 seconds.

5.  In the event that the Commission does not agree that the entire
    program should be exempt, CBN argues that the newscast and interview
    segments of the program should be considered exempt. For reasons
    already set forth, including that that *The 700 Club* reports news
    'of current events, in a manner similar to more traditional
    newscasts,' CBN argues that the newscast segments should be
    considered *bona fide* newscasts. CBN also contends that the news
    interview segments of *The 700 Club* should be considered *bona
    fide* news interviews because: the news interview segments are
    regularly scheduled---airing each weekday on a program "in
    continuous production since 1966"; CBN, an independent producer,
    "controls all decisions as to format, content, and participants; and
    those decisions are based on newsworthiness rather than on an
    intention to advance or harm an individual's candidacy."[^11]

6.  Based on the record before us, we conclude that the newscast
    portions of the subject program qualify for the *bona fide* newscast
    exemption under Section 315(a)(1) because they report news of some
    area of current events, in a manner similar to more traditional
    newscasts. In addition we conclude that the news interview portions
    of the subject program qualify for the *bona fide* news interview
    exemption under Section 315(a)(2) of the Act because they are
    regularly scheduled; their producer controls them; and the
    producer's decisions on format, content, and participants are based
    on newsworthiness and not on an intention to advance or harm an
    individual's candidacy. In addition, we have no evidence before us
    of bad faith or unreasonableness on the part of CBN. Therefore,
    appearances by candidates on the aforementioned segments of this
    program are exempt from the equal opportunities requirements of
    Section 315(a). In light of these findings, we do not address
    whether the entire subject program is exempt from Section 315.

7.  We note that, whenever a news exemption is sought for an
    independently produced program, individual "licensees must still
    make a determination to air individual programs in the exercise of
    their *bona fide* news judgment."[^12] Accordingly, the licensees of
    the stations on which the subject program airs remain ultimately
    responsible for a determination to air a particular program and
    should not do so for the political advantage of a candidate for
    public office.[^13]

8.  Accordingly, CBN's petition for declaratory ruling IS GRANTED IN
    PART because we find that the newscast portions of the program and
    the news interview portions of the program qualify for the *bona
    fide* newscast exemption and the *bona fide* news interview
    exemption, respectively, under Section 315(a).

    FEDERAL COMMUNICATIONS COMMISSION

Robert L. Baker

Assistant Chief

Policy Division

Media Bureau

[^1]: We note that, subsequent to filing the petition for declaratory
    ruling, CBN filed a clarification to petition for declaratory ruling
    to clarify several statements made in the petition ("CBN
    Clarification").

[^2]: 47 U.S.C. § 315(a). *See* 47 C.F.R. § 73.1941.

[^3]: *In re Request of Oliver Productions, Inc. For Declaratory
    Ruling*, 4 FCC Rcd 5953, 5953 (1989), citing *Henry Geller*, 95 FCC
    2d 1236 (1983).

[^4]: P*aramount Pictures Corp.*, 3 FCC Rcd 245, 245-46 (MMB 1988)
    ("*Entertainment Tonight*"). *See Rev. Donald L. Lanier*, 37 FCC 2d
    952 (B/c Bur. 1972) (granting newscast exemption to a program
    dealing entirely with current religious news).

[^5]: *Oliver*, 4 FCC Rcd at 5953, citing *Entertainment Tonight*, 3 FCC
    Rcd at 246.

[^6]: *In Re Request of ABC, Inc. For Declaratory Ruling*, 15 FCC Rcd
    1355, 1358 (1999).

[^7]: CBN Petition at 12 quoting *Entertainment Tonight*.

[^8]: CBN Petition at 5-6. CBN notes, however, that, "for feature
    interviews, sample questions and the topics to be covered may be
    discussed in advance \[with the live guest\] in order for the
    interview to fit within the time constraints of the show." *Id*. at
    6.

[^9]: CBN Clarification at 2-3.

[^10]: CBN Petition at 3.

[^11]: CBN Petition at 2, 13.

[^12]: *Request for Declaratory Ruling on Independently Produced News
    Interviews*, 7 FCC Rcd 4681, 4685 (1981).

[^13]: *Id*.