BROADCAST 

TELEVISION AND 

RADIO

Disclosure 

Requirements for 

Broadcasted Content

Report to Congressional Requesters

September 2014

GAO-14-738

United States Government Accountability Office
United States Government Accountability Office

Highlights of GAO-14-738, a report to 

congressional requesters

September 2014

BROADCAST TELEVISION AND RADIO

Disclosure Requirements for Broadcasted Content 

Why GAO Did This Study

Television and radio broadcasters air 

content, including advertisements and 

other programming, on a variety of 

issues, some of which directly address 

their interests as broadcasters. The 

FCC applies the Communications Act 

of 1934 to hold these broadcasters to a 

basic principle—that the public should 

know when and by whom it is being 

persuaded. Statutes and FCC 

regulations require licensed 

broadcasters to publicly disclose 

information about sponsored content. 

GAO was asked to assess disclosure 

requirements and practices of 

television and radio broadcast stations 

that air content intended to influence 

Congress. This report (1) describes the 

disclosure requirements for 

broadcasters that air advertisements or 

programming that affect their interests 

and may be intended to influence 

Congress, and any requirements to air 

opposing views, and (2) assesses what 

is known about the number and fair 

market value of these advertisements, 

and those of opposing views, aired 

from 2007 through 2012. To conduct 

the work, GAO reviewed relevant 

statutes, regulations, and FCC orders 

and interviewed agency officials and 

stakeholders, such as industry 

associations. GAO also procured and 

analyzed private data on television and 

radio advertisements on selected 

issues affecting broadcasters. Data

from 2012 were the most current data 

available when we conducted our 

review. 

What GAO Recommends

GAO is not making recommendations 

in this report. FCC provided technical 

comments.

What GAO Found

Disclosure requirements for advertisements or programming on issues that affect 

broadcasters’ interests and that may be intended to influence Congress, 

including its consideration of legislation and related policy issues, depend upon 

several factors. Specifically, Federal Communications Commission (FCC) 

regulations require that television and radio broadcasters make an on-air 

announcement identifying the sponsor whenever they broadcast content that is

provided by or sponsored by another entity. In addition, when broadcast material 

provided to a station by an outside party involves the discussion of political or

controversial issues, broadcast stations are required to record information about 

this content in their files (known as the “public file”) for public inspection even if 

no payment or other consideration is provided. This information must be 

maintained in the public file for at least 2 years. Thus, advertisements or other 

programming intended to influence Congress could fall under these 

requirements. However, when television or radio stations produce and air their 

own content—whether advertisements, editorial content, or other programming—

and no payment or other valuable consideration is received from an outside 

party, no disclosure requirements apply. Currently, there is no legal obligation for 

broadcasters to air advertisements or programming presenting opposing views, 

including views that do not align with broadcasters’ interests. 

GAO identified two possible types of sources—the public file and private data 

sources—for information on the number and fair market value of relevant 

advertisements. However, due to limitations of these data sources, GAO

determined that information is not available for a comprehensive assessment of 

relevant content aired from 2007 through 2012. For example, since broadcast 

stations are required to keep information on broadcast material addressing 

political or controversial issues in public files for 2 years, it precludes using public 

file records to conduct research on the number or fair market value of these 

advertisements beyond a 2-year period. In addition, few private data sources 

have archival data on these types of advertisements. However, one private data 

source with which GAO contracted provided information on TV advertisements 

between calendar years 2007 and 2012 on selected issues. GAO selected four 

issues that affect broadcasters’ interests, including spectrum allocation, which 

involves dividing the radio spectrum into bands of frequencies used to provide all 

wireless communication services, including television broadcasting. The 

contractor’s data indicated that during this time period, television stations aired

sponsored advertisements on two of the four selected issues affecting their 

interests—one of which was spectrum allocation—at least 2,646 times, ranging in 

estimated cost from $6 to over $15,000 per airing. While GAO determined that 

these cost estimates are reliable enough for the purposes of this review, it is 

important to note these are estimates and do not represent what was actually 

paid for these airings and therefore may not reflect other factors that could affect 

costs, such as discounts a station may have offered. GAO was unable to provide 

information on the number of radio advertisements aired due to limitations in 

public and private data sources available. View GAO-14-738. For more information, 

contact Mark Goldstein at (202) 512-2834 or 

goldsteinm@gao.gov.
Page i GAO-14-738 Broadcast Disclosure Requirements

Letter 1 

Background 4

Disclosure Requirements Depend upon Several Factors and 

Broadcasters Are Not Required to Air Opposing Views 8

Information Needed for a Comprehensive Assessment of 

Advertisements Aired Is Not Available; However, Broadcasters 

Aired Some Relevant Advertisements 10

Agency Comments 17

Appendix I Objectives, Scope, and Methodology 18

Appendix II GAO Contact and Staff Acknowledgments 25

Tables

Table 1: Number of Airings by Selected Issues and Sponsors, TV 

Only, 2007–2012 13

Table 2: Media Markets, Stations, Network Affiliations, and 

Dayparts for TV Advertisements Aired on Selected Issues, 

by Sponsor, 2007–2012 14

Table 3: Estimated Costs of TV Advertisements Aired on Selected 

Issues, by Sponsor, 2007–2012 15

Table 4: Description of Selected Issues Affecting Broadcasters’ 

Interests 21

Table 5: Selected Potential Advertisement Sponsors and 

Rationale for Inclusion 22

Contents
Page ii GAO-14-738 Broadcast Disclosure Requirements

Abbreviations

BCRA Bipartisan Campaign Reform Act of 2002 

CMAG Campaign Media Analysis Group 

CRS Congressional Research Service 

FCC Federal Communications Commission 

FEMA Federal Emergency Management Agency 

NAB National Association of Broadcasters

This is a work of the U.S. government and is not subject to copyright protection in the 

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without further permission from GAO. However, because this work may contain 

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Page 1 GAO-14-738 Broadcast Disclosure Requirements

441 G St. N.W.

Washington, DC 20548

September 17, 2014

The Honorable Darrell Issa

Chairman

Committee on Oversight and Government Reform

House of Representatives

The Honorable Mike Quigley

House of Representatives

Television and radio broadcasters air content, including advertisements 

and other programming, on a wide variety of issues, some of which 

directly address their interests as broadcasters. Some members of 

Congress have raised questions about whether broadcasters are properly 

disclosing sponsorship information to the public in cases when television 

and radio broadcasters air content that advocates on their behalf, 

especially in instances in which this content is intended to influence 

Congress. As we have previously reported, the Federal Communications 

Commission (FCC) applies the Communications Act of 1934 to hold 

television and radio broadcasters to a basic principle—that the public 

should know when and by whom it is being persuaded.1 Statutes and 

FCC regulations set forth requirements for licensed broadcasters to 

publicly disclose information about sponsored content.2

You asked us to assess broadcaster disclosure requirements and 

practices of television and radio broadcast stations that air content 

intended to influence Congress. This report (1) describes the disclosure 

requirements for broadcasters that air advertisements or programming 

that affects their interests and may be intended to influence Congress, 

and any requirements to air opposing views, and (2) assesses what is 

 

1

Communications Act of 1934, as amended. Act of June 19, 1934, ch. 652, 48 Stat. 1064, 

(Communications Act) (codified at 47 U.S.C. § 317). As we use the term in this report, 

“broadcaster” means persons engaged in over-the-air transmissions as defined in 47 

U.S.C. § 153(7). The origins of the sponsorship identification rules date from the beginning 

of licensing of radio transmissions in the Act of Feb. 23, 1927, ch. 169, § 19, 44 Stat. 

1162, 1170, sometimes referred to as the Radio Act. See GAO, Broadcast and Cable 

Television: Requirements for Identifying Sponsored Programming Should Be Clarified, 

GAO-13-237 (Washington, D.C.: Jan. 31, 2013).

2

For the purposes of this report, we are referring to FCC-licensed broadcasters operating 

television and radio stations. 
 

Page 2 GAO-14-738 Broadcast Disclosure Requirements

known about the number and fair market value of these advertisements, 

and those of opposing views, aired from 2007 through 2012.3

To describe the disclosure requirements for broadcasters that air 

advertisements or programming that affects their interests and may be 

intended to influence Congress, including Congress’s consideration of 

legislation and related policy issues, we reviewed relevant statutes, 

regulations, and FCC orders specifying disclosure requirements for 

sponsored content, as well as any requirements for television and radio 

broadcasters to air opposing views. We also interviewed or corresponded 

with officials from the FCC, selected television and radio broadcast 

stations, and relevant industry associations representing television and 

radio broadcasters to obtain their perspectives regarding these statutory 

and regulatory requirements.4

To determine what is known about the number and fair market value of 

relevant advertisements5

 

3

Fair market value can be defined as the price that a product or service would sell for on 

the open market. 

that aired from 2007 through 2012, we reviewed 

statutory and regulatory requirements and spoke with FCC officials 

knowledgeable about these requirements to assess the extent to which 

4

We randomly selected a sample of 10 television and 10 radio stations in the top 10 media 

markets to interview—these markets included New York, NY; Los Angeles, CA; Chicago, 

IL; Philadelphia, PA; Dallas-Ft. Worth, TX; San Francisco, CA; Boston, MA; Washington, 

DC; Atlanta, GA; and Houston, TX. Representatives from one radio station and one 

broadcast television station—both in the Washington, DC media market—agreed to speak 

with us. One radio station located in the Boston media market provided written responses 

to our questions. Some stations we contacted directed us to speak with their parent 

companies—as such, we also spoke with representatives from a major television network 

and a radio-broadcasting corporation.

5

With regard to determining the number and fair market value of relevant advertisements, 

we are referring to advertisements that have been provided or sponsored by another entity 

in exchange for payment or other consideration. Consideration may include money, 

services, or something else of value. Information on the number and fair market value of 

advertisements or other programming that has not been provided to broadcasters by 

another entity is not included in the scope of this objective. 
 

Page 3 GAO-14-738 Broadcast Disclosure Requirements

this information would be available from public sources.6 After 

determining that public information was not readily accessible, we 

procured and analyzed data from the Kantar Media Campaign Media 

Analysis Group (CMAG)7 on advertisements that would affect television 

and radio broadcasters’ interests, both those advertisements intended to 

advocate for broadcasters’ interests and those presenting opposing 

views, for calendar years 2007 through 2012.8

We conducted our work from April 2013 through September 2014 in 

accordance with generally accepted government auditing standards. 

Those standards require that we plan and perform the audit to obtain 

sufficient, appropriate evidence to provide a reasonable basis for our 

findings and conclusions based on our audit objectives. We believe that 

the evidence obtained provides a reasonable basis for our findings and 

conclusions based on our audit objectives.

In order to assess the 

reliability of these data, we conducted a review of relevant academic 

literature, reviewed CMAG’s methodology for obtaining the data, and 

interviewed academic experts who have used CMAG’s television data in 

their research. We found that the data on television advertisements were 

sufficiently reliable for our purposes; however, the radio data were not 

comprehensive enough to determine the number or fair market value of 

advertisements aired. Our analysis does not identify all advertisements 

aired from 2007 through 2012 on policy issues that affect broadcasters’ 

interests due to data limitations, but pertains to a selected set of issues. 

To identify and select issues that would most likely be addressed by 

television and radio advertisements, we reviewed broadcasters’ 

legislative policy priorities and spoke with a variety of industry 

representatives and academic experts in political advertising. See 

appendix I for a more detailed explanation of our scope and methodology.

 

6

We chose to assess what is known about relevant advertisements aired from 2007 

through 2012 because after speaking to industry stakeholders we determined that 

broadcasters and others were likely to have run advertisements on relevant issues during 

this time frame, and therefore, information may be available to make an assessment. In 

addition, we determined that it was unlikely that information was available on other types 

of potentially relevant programming, such as editorials on relevant issues. Information 

from 2012 was the most current data available when we conducted our review.

7

CMAG, a subsidiary of Kantar Media, provides cost and content analysis for political, 

public affairs and issue advocacy advertising. 

8

Other types of content, such as commercial and political candidate advertising, are not 

included in our scope.
 

Page 4 GAO-14-738 Broadcast Disclosure Requirements

FCC regulations require licensed broadcasters operating television and 

radio stations to publicly disclose certain information on air when 

broadcasting content has been provided without charge or sponsored by 

another party in exchange for payment or other valuable consideration. 

These sponsorship identification requirements generally apply to any 

program material for which the sponsor is not readily apparent, including 

advertising or other programming related to political or controversial 

issues.9 In addition, broadcast stations are required to keep information 

about certain sponsored broadcast material in their files for public 

inspection (called the “public inspection file” or “public file”).10 This publicly 

available file includes information such as service maps and local public 

notice announcements, among many other items. The public file also 

includes a section called the “political file” that contains information 

pertaining specifically to political broadcast material, including political 

issue advertising. Until recently, the public inspection file has been 

available only at the station’s main studio. Members of the public can 

access the public inspection file at a television or radio studio during 

regular business hours. However, starting August 2012, FCC regulations 

required television stations to post most public file items on an FCChosted website, making the information more easily accessible to the 

general public.11

 

9

Section 317(a)(2) of the Communications Act permits FCC to require a sponsorship 

announcement for political and controversial issue programming provided to a broadcaster 

without charge or at a nominal charge even if no other consideration is provided. 47 

U.S.C. § 317(a)(2). See, also, FCC’s rules at 47 C.F.R. § 73.1212(d). FCC’s rules do not 

explicitly define what constitutes a “controversial issue of public importance;” however, 

FCC has defined it in the past as an issue “subject to vigorous debate with substantial 

elements of the community in opposition to one another.” In re Complaint of Joint Council 

v. ABC, 94 FCC2d 734 (1983); see, also, Healey v. FCC, 460 F.2d 917, 922 (D.C. Cir. 

1972). 

FCC phased in the new online posting requirements for 

certain portions of the public file. Specifically, television stations affiliated 

with the top four national networks in the top 50 media markets were 

required to post their political file documents online as of August 2012, 

while all other television stations were required to post their political file 

10These files give the public access to information about stations’ operations and are 

intended to enable the public to play an active role in the continuing dialogue with 

broadcast licensees regarding whether broadcasters are fulfilling their obligation to air 

programming responsive to the needs and interests of their communities. Public files must 

be maintained by broadcasters. 47 C.F.R. §§ 73.3526 (commercial), 73.3527 

(noncommercial).

11Standardized and Enhanced Disclosure Requirements for Television Broadcast 

Licensee Public Interest Obligations, 27 FCC Rcd. 4535 (2012).

Background
 

Page 5 GAO-14-738 Broadcast Disclosure Requirements

documents online as of July 1, 2014.12 In issuing these regulations, FCC 

stated that it was deferring considering whether to require radio stations 

to post public file documents online until FCC has gained experience with 

online posting of public files of television broadcasters.13 On August 7, 

2014, FCC issued a Public Notice seeking comment on a Petition for 

Rulemaking which proposed expanding the online public file requirements 

to cable and satellite television providers.14

As previously mentioned, television and radio broadcasters air 

advertisements and other programming on a wide variety of issues, some 

of which may directly affect their interests as broadcasters. For purposes 

of our study, we researched and selected four issues that affect 

broadcasters’ interests and that would likely be addressed by television 

and radio advertisements intended to influence Congress during the 2007 

through 2012 time frame under review. To identify relevant issues about 

which broadcasters may have aired advertisements, we reviewed the 

National Association of Broadcasters’ (NAB) published legislative policy 

priorities from the 110th through 113th Congresses and spoke with a 

variety of industry representatives.

In this public notice, FCC is 

seeking public comment on that proposal, as well as the possible 

expansion of these requirements to radio stations.

15

 

12In May 2012, the National Association of Broadcasters (NAB) filed a petition with a US 

Court of Appeals for the DC Circuit seeking relief from the FCC requirement for 

broadcasters to file political advertising information online in their public files. Nat’l Assoc. 

of Broadcasters v. FCC, filed May 21, 2012 (DC Dir. No. 12-1225). An NAB request for a 

stay delaying the implementation of the requirements was denied. Nat’l Assoc. of 

Broadcasters v. FCC (D.C. Cir. No. 12-1225, July 27, 2012). On September 18, 2012, the 

court granted NAB’s request to defer the briefing schedule for its petition for review, and 

on January 18, 2013, NAB filed a further motion to hold its case in abeyance pending 

resolution of its request for reconsideration at FCC. As of the issuance of this report, this 

matter remained in abeyance. The public file and political file data are available on the 

FCC hosted website at 

Brief descriptions of the issues we 

https://stations.fcc.gov/. 

13Standardized and Enhanced Disclosure Requirements for Television Broadcast 

Licensee Public Interest Obligations, 27 FCC Rcd. 4535, 4537(2012).

14Media Bureau Seeks Comment on Petition for Rulemaking Filed by the Campaign Legal 

Center, Common Cause and the Sunlight Foundation Seeking Expansion of Online Public 

File Obligations to Cable and Satellite TV Operators, Public Notice, DA 14-1149, 2014 WL 

3887525 (Aug. 7, 2014).

15NAB is a national trade association that represents television and radio broadcasters 

and advocates for stations’ interests before Congress and the FCC.
 

Page 6 GAO-14-738 Broadcast Disclosure Requirements

selected are below. See appendix I for a more detailed description of 

these issues and our scope and methodology.

• Performance Rights Act.16 Congress considered legislation during 

the 111th Congress that would have expanded copyright protection 

for the public performance of sound recordings. The proposed act 

would have required AM/FM radio stations that broadcast music to 

pay a new statutory copyright royalty, and this royalty would have 

been distributed to the copyright holder, performers, and musicians.17

Radio broadcasters and those who represent them generally opposed 

this legislation while other interest groups—such as those 

representing performers and the music industry—supported it.

• Spectrum allocation. Spectrum allocation involves segmenting the 

radio spectrum into bands of frequencies that are designated for use 

by particular types of radio services or classes of users.18 In general, 

broadcasters have concerns about attempts to reallocate spectrum 

and want to ensure that broadcasters are not required to relinquish 

spectrum that they currently hold. Other interest groups, such as 

those representing wireless carriers, are in favor of opening up more 

spectrum for other uses, such as for smartphones and other wireless 

devices.

• Radio-enabled mobile phones. Broadcasters have proposed that in 

order to enhance public safety, Congress, FCC, the Federal 

Emergency Management Agency (FEMA), and the mobile phone 

industry should consider ways to expand the availability of broadcast 

radio service in mobile phones. The wireless industry has opposed 

efforts to mandate these capabilities in mobile phones and has stated 

that they are working in coordination with FCC, FEMA and other 

 

16H.R. 848, 111th Cong., as marked up by the House Committee on the Judiciary (2009). 

The Senate had a companion bill—S. 379, 111th Cong. (2009).

17See GAO, Telecommunications: The Proposed Performance Rights Act Would Result in 

Additional Costs for Broadcast Radio Stations and Additional Revenue for Record 

Companies, Musicians, and Performers, GAO-10-826 (Washington, D.C.: Aug. 4, 2010).

18The radio frequency spectrum is a natural resource used to provide all wireless 

communications services, such as television broadcasting. See GAO, Spectrum 

Management: Federal Relocation Costs and Auction Revenues, GAO-13-472 

(Washington, D.C.: May 22, 2013).
 

Page 7 GAO-14-738 Broadcast Disclosure Requirements

governmental stakeholders to develop a mobile broadcast emergency 

alerting system compatible with wireless systems.

• Retransmission consent. Congress passed legislation in 1992 that 

created a mechanism, known as retransmission consent, through 

which local broadcast station owners (such as local ABC, CBS, Fox, 

and NBC network affiliates as well as local unaffiliated stations) could 

receive compensation from cable operators in return for the right to 

carry their broadcasts.19

In cases in which entities purchase time from television or radio stations 

to air advertisements on specific policy issues, the fair market value—or 

the price that a product or service would sell for on the open market—can 

be assessed by obtaining information about the actual or estimated price 

paid for these advertisements.

The retransmission consent provisions allow 

local broadcast stations and cable operators to negotiate for payment 

or some other form of compensation in exchange for the cable

operator’s right to carry their content. In general, cable providers 

advocate for reform of retransmission consent requirements while 

broadcasters oppose changes to the current requirements.

20 The cost of purchasing air time in these 

instances varies depending upon multiple factors, such as the market and 

season in which an advertisement might air, the station’s format, the time 

of day, whether an advertisement must be aired at specific times, and any 

discounts a station may offer for bulk advertisement buys, among others. 

However, there may also be cases in which television and radio stations 

air advertisements that they produce or are provided to them for free.21

 

19The Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 

102–385, § 6, 106 Stat. 1460, 1482-1483 (1992), amending 47 U.S.C. § 325. See GAO, 

Telecommunications: Issues Related to Competition and Subscriber Rates in the Cable 

Television Industry, 

In 

these instances, we determined that fair market value can be assessed 

using the concept of opportunity cost—the price for which these “spots,” 

GAO-04-8 (Washington, D.C.: Oct. 24, 2003).

20More specifically, this is the price at which an actual willing buyer or seller would agree 

upon, both being reasonably conversant with the facts and neither being under any 

compulsion to buy or sell.

21For example, during the 2007 through 2012 timeframe, NAB provided advertisements to 

television and radio stations on specific policy issues that advocated on broadcasters’ 

behalf, namely advertisements related to the Performance Rights Act, spectrum allocation, 

and radio-enabled mobile phones. NAB did not purchase air time and broadcast stations 

could choose whether or not to air these advertisements.
 

Page 8 GAO-14-738 Broadcast Disclosure Requirements

or individual airings of an advertisement, could have been sold to another 

advertiser.

On-air and public file disclosure requirements for advertisements or 

programming concerning issues that affect television and radio 

broadcasters’ interests and may be intended to influence Congress 

depend upon several factors.22

Specifically, FCC regulations require that broadcasters make an on-air 

announcement whenever they broadcast content provided or sponsored 

by another entity in exchange for payment or other consideration.

For example, on-air and public file 

disclosure requirements for advertisements or programming regarding 

certain types of issues apply only when content has been provided to a 

broadcast station by another entity. When television or radio stations 

produce and air their own content—whether advertisements, editorial 

content, or other programming—and no payment or other consideration is 

received from an outside party—no disclosure requirements apply. In 

addition, public file requirements for program material that has been 

provided to broadcast stations by other entities on certain issues of public 

importance, as described below, differ depending upon whether air time 

has been purchased or the content has been aired free of charge.

23

 

22While on-air and public file disclosure requirements do not directly address 

advertisements or programming that are intended to influence Congress, these 

requirements do specifically address certain political and controversial issue-related 

material. 

The 

2347 C.F.R. § 73.1212(a). Exchange may be direct or indirect and may include actual 

exchanges, promised exchanges, or acceptance of payment or consideration. 

Consideration may include money, service, or something else of value.

Disclosure 

Requirements 

Depend upon Several 

Factors and 

Broadcasters Are Not 

Required to Air 

Opposing Views

On-Air and Public File 

Disclosure Requirements 

for Broadcasted Content 

Depend upon Several 

Factors
 

Page 9 GAO-14-738 Broadcast Disclosure Requirements

announcement must state that the content is sponsored, paid for, or 

furnished by the entity that provided the content, among other things.24 In 

addition, when the broadcast material involves the discussion of a 

controversial issue of public importance or a political matter, even if no 

consideration is provided, broadcast stations must make an on-air 

announcement indicating who furnished the material.25 Thus, 

advertisements or other programming intended to influence Congress 

could fall under these requirements. Moreover, broadcast stations are 

required to record in their public file information about the organization 

that provided the content or consideration, specifically, a list of the chief 

executive officers or comparable persons. This information must be 

maintained in the public file for at least 2 years.26

In addition, the Bipartisan Campaign Reform Act of 2002 (BCRA) requires 

broadcast stations to maintain records of requests to purchase broadcast 

time that communicates a message relating to any political matter of 

national importance, including a national legislative issue of public 

importance.27 The record should include specific information about the 

request to purchase air time, such as the rate charged, the date and time 

of broadcast, and the issue addressed, and this record must be 

maintained in the station’s political file for at least 2 years. Stakeholders 

we spoke with, including FCC and NAB, told us that broadcasters are 

responsible for making determinations on a case-by-case basis as to 

whether an advertisement triggers these requirements.

Currently, broadcasters have no legal obligation to air advertisements or 

programming that present opposing views, including views that do not 

align with their interests. As part of FCC’s deregulation of the 

broadcasting industry in the 1980s, in 1987 the commission discontinued 

enforcement of the Fairness Doctrine, which had required broadcasters to

afford a reasonable opportunity for the presentation of contrasting 

 

24In addition, the announcement must state by whom or on whose behalf the 

consideration was paid, furnished, or promised. 47 C.F.R. § 73.1212(a).

25More specifically, broadcast stations are required make an on-air announcement at the 

beginning or end of the programming, if five minutes or less, and in both places, if more 

than five minutes. 47 C.F.R. § 73.1212(d)

2647 C.F.R. § 73.1212(e).

27Pub. L. No. 107-155, 116 Stat. 81 (2002), codified at 47 U.S.C. § 315(e). 

Broadcasters Are Not 

Required to Air Opposing 

Views
 

Page 10 GAO-14-738 Broadcast Disclosure Requirements

viewpoints.28 In doing so, FCC concluded that the Fairness Doctrine had 

had a “chilling” effect on broadcasters, making them less inclined to air 

programming treating controversial public issues.29 Since that time, FCC 

has reiterated that the Fairness Doctrine is no longer in effect.30

 

28Under the Fairness Doctrine, stations were generally given discretion in deciding how 

they would present contrasting views. For example, a station might air segments during 

news or public affairs programs or broadcast distinct editorials. Anyone who believed that 

a station had failed to fulfill this obligation could file a complaint with the FCC. Steve 

Waldman and the Working Group on the Information Needs of Communities, The 

Information Needs of Communities at 277 – 278 (2011).

29Syracuse Peace Council v. WTVH, 2 FCC Rcd. 5043 (1987) (Memorandum Opinion and 

Order), recon. denied, 3 FCC Rcd. 2035 (1988). 

30Bodorff and Wilson, 2014 Westlaw 1871102 (Media Bureau May 8, 2014) (Letter 

Opinion); In the Matter of Amendments of Parts 1, 73 & 76 of the Commission’s Rules, 26 

FCC Rcd. 11422 (2011). The Fairness Doctrine is distinct from what is known as the equal 

opportunity provision of the Communications Act, which requires broadcasters to grant 

equal time to qualified candidates for public office. See 47 U.S.C. § 315(a); see, also, 47 

C.F.R. § 73.1941.

Information Needed 

for a Comprehensive 

Assessment of 

Advertisements Aired 

Is Not Available; 

However, 

Broadcasters Aired 

Some Relevant 

Advertisements
 

Page 11 GAO-14-738 Broadcast Disclosure Requirements

We identified two possible types of sources for information on the number 

and fair market value of advertisements aired on issues that affect 

broadcasters’ interests and that may be intended to influence Congress—

stations’ public files and private data sources. However, due to limitations 

of these data sources, we determined that information for a 

comprehensive assessment of relevant advertisements aired from 2007 

through 2012 is not available.31

As discussed above, broadcast stations are required to keep information 

on certain political or controversial issue advertisements in their public 

files for 2 years,32 so it is not possible to use public file records to conduct 

comprehensive historical research on the number or fair market value of 

these advertisements beyond a 2-year period.33 Moreover, while the 

public file must contain certain information about these types of 

sponsored advertisements, public file records for these advertisements 

may not include information on value if air time was not purchased. Thus, 

in cases where an entity provides advertisements to broadcasters to be 

aired free of charge, broadcasters’ public files would not necessarily 

provide information that would enable an assessment of the fair market 

value of these advertisements.34

We also identified private companies that gather data on television and 

radio advertising for mostly commercial purposes—such as to enable 

their clients to track industry trends—but none of the data sources 

identified collect the information needed for a comprehensive assessment 

 

31As previously discussed, when television or radio stations produce and air their own 

content—whether advertisements, editorial content, or other programming—no disclosure 

requirements apply.

3247 C.F.R. § 73.1212(e).

33As previously discussed, public file requirements generally apply to any sponsored 

program material addressing certain political or controversial issues.

34While applicable regulations do not require broadcasters’ public file records to include 

information such as time aired that would enable an assessment of fair market value when 

advertisements are to be aired free of charge, broadcasters may opt to include such 

information. For example, NAB officials stated that, when they provided advertisements to 

broadcasters to be aired free of charge, they also provided pre-filled forms to be included 

in broadcasters’ public files. These forms have spaces for broadcasters to provide 

information required by BCRA, including information such as when the advertisements 

aired.

Public and Private Data 

Sources Do Not Contain 

Information Needed for a 

Comprehensive 

Assessment of 

Advertisements Aired from 

2007 through 2012

Public File

Private Data Sources
 

Page 12 GAO-14-738 Broadcast Disclosure Requirements

of the number and fair market value of television and radio 

advertisements aired from 2007 through 2012. We found several media 

companies that record television and radio advertisements aired in certain 

markets and compile data on when and where these advertisements are 

aired. However, only one of these companies, CMAG, has archival data 

on political advertisements for 2007 through 2012 for television and radio 

advertisements, including cost estimates for television advertisements.35

While CMAG’s data provided some information on relevant 

advertisements aired, the analyses of that data we conducted are not 

comprehensive for a number of reasons.36 For example, in order to 

search CMAG’s database, we identified organizations that were likely to 

sponsor advertisements on selected issues, but we cannot be certain 

other organizations did not air relevant advertisements. In addition, we 

found no private data sources that were comprehensive enough to 

assess both the number and fair market value of relevant radio 

advertisements aired during the 2007 through 2012 time frame. For 

example, we determined that CMAG’s radio data were not 

comprehensive enough for our purposes because these data cover fewer 

stations in fewer markets than the television data and do not include cost 

estimates, among other reasons.

Number of Advertisements

Between calendar years 2007 and 2012, television stations aired 

advertisements from selected sponsors on selected issues at least 2,646 

times, according to CMAG data. Specifically, CTIA-The Wireless 

 

35CMAG focuses on television political advertising and maintains archives of television 

advertising information, including content, when and where the advertisements aired, and 

cost estimates for the advertisements.

36CMAG’s data capture those advertisements provided to broadcasters by other entities; 

advertisements or other programming produced by broadcast stations are not included in 

CMAG’s data. 

Television Advertisements 

on Selected Issues 

Ranged in Value, but Data 

on Radio Advertisements 

Are Limited

Television
 

Page 13 GAO-14-738 Broadcast Disclosure Requirements

Association37 sponsored two different television advertisements that 

specifically addressed spectrum allocation, and NAB provided television 

advertisements to stations that addressed the Performance Rights Act (1 

advertisement) and spectrum allocation (4 advertisements).38

Table 1: Number of Airings by Selected Issues and Sponsors, TV Only, 2007–2012

Table 1, 

below, shows the number of times these advertisements aired by issue 

and sponsor. CMAG data did not identify television advertisements 

related to radio-enabled mobile phones or retransmission consent 

provided by selected sponsors from 2007 through 2012.

CTIA-The

Wireless Association

National Association

of Broadcasters (NAB) Total

Performance Rights Act 0 62 62

Spectrum allocation 1043 1541 2584

Total 1043 1603 2646

Source: GAO analysis of Campaign Media Analysis Group (CMAG) data. | GAO-14-738

CMAG data also provided information about where and when these 

advertisements aired. As shown in table 2 below, CTIA’s advertisements 

aired exclusively in the Washington, DC media market, while the NAB 

advertisements aired in 28 media markets, including Washington, DC.39

Five stations affiliated with five major networks aired the CTIA 

advertisements, and 59 stations affiliated with six major networks aired 

the NAB advertisements. Both CTIA and NAB advertisements aired 

during all “dayparts.”40

 

37CTIA-The Wireless Association is an international nonprofit membership organization 

that has represented the wireless communications industry since 1984. Membership in the 

association includes wireless carriers and their suppliers, as well as providers and 

manufacturers of wireless data services and products. 

38NAB’s advertisements were provided to television stations and aired free of charge.

39CMAG uses market designations provided by Nielsen, a media research company. FCC 

uses these same designations for a variety of purposes, including determining which 

stations are in the top 50 markets for purposes of applying their online public file rules.

40“Dayparts” are the time segments that divide the day for advertisement scheduling 

purposes, and daypart designations may vary by market, station, and affiliation. Examples 

of commonly used dayparts include early morning, daytime, and prime access. 
 

Page 14 GAO-14-738 Broadcast Disclosure Requirements

Table 2: Media Markets, Stations, Network Affiliations, and Dayparts for TV Advertisements Aired on Selected Issues, by 

Sponsor, 2007–2012

CTIA-The Wireless Association

National Association

of Broadcasters (NAB)

Media markets 1 – Washington, DC 28, including Washington, DC

Number of stations 

a

5 59

Network affiliations of stations ABC, CBS, CW, Fox, NBC ABC, CBS, CW, Fox, MNTV, NBC

Dayparts All b All 

Source: GAO analysis of Campaign Media Analysis Group (CMAG) data. | GAO-14-738

a

Other media markets in which these advertisements aired: Atlanta; Austin; Birmingham; Boston; 

Burlington; Charlotte; Chattanooga; Columbia, SC; Des Moines; Evansville; Green Bay; Greensboro; 

Greenville, SC; Harrisburg; Hartford; Indianapolis; Johnstown; Knoxville; Little Rock; Mobile; Orlando; 

Portland, ME; Raleigh; Shreveport; Springfield, MO; St. Louis; Tulsa; and Washington, DC.

b

”Dayparts” are the time segments that divide the day for advertisement scheduling purposes, and 

daypart designations may vary by market, station, and affiliation. Examples of commonly used 

dayparts include early morning, daytime, and prime access.

Fair Market Value

According to CMAG’s data on cost estimates for television spots41—which 

provide estimates for each airing of an advertisement based on historical 

averages and other characteristics—CTIA’s 1,043 relevant spots ranged 

in estimated cost from $79 to over $15,000 per airing from 2007 through 

2012, with an average estimated cost of about $749 per airing and a total 

of over $780,000.42

 

41As previously discussed, spots are individual airings of an advertisement.

NAB’s 1,603 relevant spots in the same time period 

ranged in estimated cost from $6 to over $2,000 per airing, with an 

average estimated cost of about $100 per airing and a total of over 

$175,000 (see table 3). While these cost estimates are reliable enough 

for our purposes, it is important to note these are estimates and do not 

represent what was actually paid for these spots. As such, these 

estimates may not reflect discounts a station may have offered for bulk 

advertisement buys or whether the purchase agreement allowed the 

42CMAG estimates advertisement costs using information from a quarterly poll of media 

firms and agency sources, together with historical program averages, information about 

the market, station, and daypart, and information from the national broadcasting industry 

survey conducted each month by the Television Bureau of Advertising. Academic experts 

on political advertising that we spoke with who are familiar with CMAG’s data on 

advertising cost estimates generally agree that these estimates are reliable enough for our 

purposes.
 

Page 15 GAO-14-738 Broadcast Disclosure Requirements

station discretion on when to air the advertisements. Moreover, in cases 

in which advertisements were provided to stations and aired for free, as in 

the case of certain NAB advertisements, it is possible that the fair market 

value of at least some of these advertisements is as low as $0, as 

described further below.

Table 3: Estimated Costs of TV Advertisements Aired on Selected Issues, by 

Sponsor, 2007–2012

CTIA-The

Wireless Association

National Association

of Broadcasters (NAB) 

Number of airings 1043 1603

Average estimated cost per airing $749 $109

Total estimated cost $780,785 $175,274

Estimated cost range per airing $79 - $15,136 $6 - $2,206

Source: GAO analysis of Campaign Media Analysis Group (CMAG) data. | GAO-14-738

As previously discussed, in cases where an entity provides 

advertisements to broadcasters to be aired free of charge, we use the 

concept of opportunity cost—the price for which these spots could have 

been sold to another advertiser—as a measure of fair market value. For 

these advertisements, CMAG’s cost estimates are an appropriate 

measure of fair market value if we assume television and radio stations 

aired these advertisements in spots and at times that were otherwise 

sellable to other advertisers. The economic argument could be made that 

stations that aired NAB advertisements free of charge considered it to be 

in their interest to air advertisements that advocated on their behalf and 

that stations were therefore willing to forgo profit in the near-term in order 

to advance their long-term interests. However, researchers and 

broadcasters with whom we spoke stated that broadcasters would be 

unlikely to air advertisements for free during time slots that they could 

otherwise use for paid advertising because radio and television stations 

are supported by the income they receive from advertising. In this 

scenario, the fair market value of any advertisements aired would likely 

be $0, since broadcasters would be airing advertisements in otherwise 

unsellable spots. While we are unable to confirm either scenario, the 

CMAG data indicate that broadcasters aired some of these NAB 

advertisements at times that would have been unlikely to go unsold. For 

example, CMAG data identified NAB advertisements that aired during 
 

Page 16 GAO-14-738 Broadcast Disclosure Requirements

programming such as the Sugar Bowl college football game, a National 

Basketball Association game, Wheel of Fortune, Glee, and People’s 

Choice Awards.43

Number of Advertisements

Both NAB and CTIA aired radio advertisements on selected issues from 

2007 through 2012, according to data obtained from CMAG—specifically, 

CMAG data show that broadcasters aired NAB radio advertisements on 

the Performance Rights Act, radio-enabled mobile phones, and spectrum 

allocation, and CTIA-sponsored advertisements on spectrum allocation.

However, as previously discussed, we are unable to provide 

comprehensive information on the number of radio advertisements aired 

due to limitations in public and private data sources available.

Fair Market Value

Due to a lack of sufficient information, we cannot provide estimates of the 

fair market value of radio advertisements aired from 2007 through 2012.44

While FCC’s 2012 regulations regarding online public file requirements do 

not apply to radio stations, as previously discussed, the regulations apply 

to television stations and require all television stations to post public file 

items on an FCC-hosted website, making the information more easily 

accessible to the general public.

As in the case of television, the fair market value of these advertisements 

depends on a number of factors such as the market, the station’s format, 

the time of day, and seasonality, as well as whether the spots would have 

otherwise gone unfilled.

45

 

43Moreover, NAB advertisements aired at all times of the day, including 154 airings during 

prime time or prime access (the time slot immediately preceding prime time). In 

comparison, CTIA advertisements aired 83 times during prime time or prime access. 

However, NAB advertisements also aired more often at times that may be more likely to 

go unsold. For example, NAB advertisements aired 249 times overnight, whereas CTIA 

advertisements aired only 9 times overnight.

Prior to the adoption of these 

44Other companies may have been able to provide cost estimates for radio 

advertisements identified, but since data on the number of advertisements aired were not 

comprehensive enough for our purposes, we did not purchase cost estimate data from 

these other sources.

45Standardized and Enhanced Disclosure Requirements for Television Broadcast 

Licensee Public Interest Obligations, 27 FCC Rcd. 4535 (2012).

Radio
 

Page 17 GAO-14-738 Broadcast Disclosure Requirements

requirements, reviewing a station’s public file required traveling to a 

station’s main studio and reviewing the files or paying for copies there. 

These new requirements will make a more comprehensive review of 

broadcasters’ public files possible and such reviews will become more 

convenient. As part of its rulemaking process, FCC continues to facilitate 

an ongoing dialogue with broadcasters and other industry stakeholders to 

seek comment on the impact of these online posting requirements. As 

previously discussed, FCC recently issued a Public Notice requesting

comment on the possible expansion of the online public file obligations of 

television stations to radio stations, and cable and satellite television 

operators.46

We provided a draft of this report to FCC for its review and comment.

FCC provided technical comments, which we incorporated as 

appropriate.

We are sending copies of this report to the Chairman of FCC and 

appropriate congressional committees. In addition, the report is available 

at no charge on our website at http://www.gao.gov. 

If you or your staff have any questions concerning this report, please 

contact me at (202) 512-2834 or goldsteinm@gao.gov. Contact points for 

our Offices of Congressional Relations and Public Affairs may be found 

on the last page of this report. Key contributors to this report are listed in 

appendix II.

Mark Goldstein

Director, Physical Infrastructure Issues

 

46Media Bureau Seeks Comment on Petition for Rulemaking Filed by the Campaign Legal 

Center, Common Cause and the Sunlight Foundation Seeking Expansion of Online Public 

File Obligations to Cable and Satellite TV Operators, Public Notice, DA 14-1149, 2014 WL 

3887525 (Aug. 7, 2014).

Agency Comments
Appendix I: Objectives, Scope, and 

Methodology

Page 18 GAO-14-738 Broadcast Disclosure Requirements

This report provides information on broadcaster disclosure requirements 

and practices of television and radio broadcast stations that air content 

intended to influence Congress. Specifically, this report (1) describes the 

disclosure requirements for broadcasters that air advertisements or 

programming that affects their interests and may be intended to influence 

Congress, and any requirements to air opposing views, and (2) assesses 

what is known about the number and fair market value of these 

advertisements, and those of opposing views, aired from 2007 through 

2012.1

To describe the disclosure requirements for broadcasters that air 

advertisements or programming that affects their interests and may be 

intended to influence Congress, including Congress’s consideration of 

legislation and related policy issues, we reviewed relevant statutes, 

regulations, and Federal Communications Commission (FCC) orders 

specifying on-air sponsorship identification and public file disclosure 

requirements, as well as any requirements for television and radio 

broadcasters to air opposing views.2 We also interviewed FCC officials, 

television and radio broadcast stations3

 

1

Fair market value can be defined as the price that a product or service would sell for on 

the open market, We chose to assess what is known about relevant advertisements aired 

from 2007 through 2012 because after speaking to industry stakeholders we determined 

that broadcasters and others were likely to have run advertisements on relevant issues 

during this time frame and that therefore, information may be available to make an 

assessment. In addition, we determined that it was unlikely that information was available 

on other types of potentially relevant programming, such as editorials on relevant issues. 

Information from 2012 was the most current data available when we conducted our 

review.

and representatives from the 

2

As previously discussed, broadcast stations are required to keep certain information 

about sponsored advertisements in their files for public inspection (called the “public 

inspection file” or “public file”). 

3

We randomly selected a sample of 10 television and 10 radio stations in the top 10 media 

markets to interview—these markets included New York, NY; Los Angeles, CA; Chicago, 

IL; Philadelphia, PA; Dallas-Ft. Worth, TX; San Francisco, CA; Boston, MA; Washington, 

DC; Atlanta, GA; and Houston, TX. Representatives from one radio station and one 

broadcast television station, both in the Washington, DC media market, agreed to speak 

with us. One radio station located in the Boston media market provided written responses 

to our questions. Some stations we contacted directed us to speak with their parent 

companies—as such, we also spoke with representatives from a major television network 

and a radio-broadcasting corporation. 

Appendix I: Objectives, Scope, and 

Methodology
Appendix I: Objectives, Scope, and 

Methodology

Page 19 GAO-14-738 Broadcast Disclosure Requirements

National Association of Broadcasters (NAB) to obtain their perspectives 

regarding these statutory and regulatory requirements.4

To determine what is known about the number and fair market value of 

these advertisements, we reviewed statutory and regulatory public file 

requirements to assess the extent to which information on the number 

and fair market value of these advertisements would be available in 

broadcasters’ public inspection files and spoke with FCC officials 

knowledgeable about these requirements. After determining that it was 

not possible to use public file records to conduct historical research on 

advertisements from 2007 through 2012,5 we sought private data sources 

that would enable us to assess the number and fair market value of these 

advertisements. We also conducted a review of literature on political 

advertising, interviewed half a dozen academics who were selected 

because they had conducted relevant research and had expertise in 

political advertising, and spoke with representatives from all entities that 

we identified as possibly having relevant data.6 As a result of our 

research, we determined that the Kantar Media Campaign Media Analysis 

Group (CMAG) was the only vendor that could provide information on 

both the number and fair market value of relevant television 

advertisements aired from 2007 through 2012, and was the only vendor 

that could provide information on the number of relevant radio 

advertisements aired from 2007 through 2012.7

 

4

NAB is a national trade association that represents television and radio broadcasters and 

advocates for stations’ interests before Congress and the FCC.

CMAG’s television data 

5

Specifically, broadcast stations are required to keep information on certain political or 

controversial issue advertisements in their public files for only 2 years, so it is not possible 

to use public file records to conduct comprehensive historical research on the number or 

fair market value of these advertisements beyond a 2-year period. Moreover, while the 

public file must contain certain information about these types of sponsored 

advertisements, public file records for these types of advertisements may not include 

information on value if air time was not purchased. Thus, in cases where an entity 

provides advertisements to broadcasters to be aired free of charge, broadcasters’ public 

files would not necessarily provide information that would enable an assessment of the fair 

market value of these advertisements.

6

We spoke with representatives from Competitrack, Kantar Media, Media Monitors, 

Nielsen, ShadowTV, Spot, Quotations, and Data, Inc. (SQAD), and the Wisconsin 

Advertising Project, as well as its successor, the Wesleyan Media Project.

7

CMAG, a subsidiary of Kantar Media, provides cost and content analysis for political, 

public affairs and issue advocacy advertising. CMAG’s data capture those advertisements 

provided to broadcasters by other entities; broadcaster-produced advertisements or other 

programming are not included in CMAG’s data. 
Appendix I: Objectives, Scope, and 

Methodology

Page 20 GAO-14-738 Broadcast Disclosure Requirements

cover over 980 stations in 210 media markets, and its radio data cover 

almost 600 stations in 35 markets. We also identified a vendor that may 

have been able to provide cost estimate information for radio 

advertisements identified by other sources, but due to limitations of public 

and private data on the number of radio advertisements aired, we decided 

not to purchase these data.

We purchased CMAG data on both television and radio advertisements 

on select issues pertinent to broadcasters and sponsored by selected 

organizations for airing from 2007 through 2012. Our analysis does not 

identify all advertisements on policy issues that affect broadcasters’ 

interests because of data limitations. To identify potential issues to 

include in our study, we reviewed NAB’s published legislative priorities for 

the 110th through 113th Congresses (2007 through 2014) and conducted 

general background research, including interviewing researchers from the 

Congressional Research Service (CRS). In addition, we interviewed or 

corresponded with representatives from national industry associations 

and interest groups that had aired advertisements or that were active in 

the public debate on policy issues that might affect broadcasters’ 

interests.8 To select issues for inclusion in our study, we considered 

factors including the frequency with which issues appeared in NAB’s 

published legislative priorities, whether issues would have a clear 

economic impact on broadcasters’ interests, whether issues have a clear 

proponent and opponent, and whether organizations we interviewed were 

aware of any advertisements that aired on the issue. Based on these 

factors, we selected four issues. See Table 4 for brief descriptions of 

these issues.

 

8

These organizations included the American Cable Association, CTIA—the Wireless 

Association, Free Press, Future of Music Coalition, Music First Coalition, National Alliance 

of State Broadcasters Associations, NAB, National Cable and Telecommunications 

Association, National Religious Broadcasters, and the Recording Industry Association of 

America. 
Appendix I: Objectives, Scope, and 

Methodology

Page 21 GAO-14-738 Broadcast Disclosure Requirements

Table 4: Description of Selected Issues Affecting Broadcasters’ Interests 

Issue Description

Performance Rights Acta Congress considered legislation during the 111th Congress, the proposed Performance Rights Act 

(H.R. 848), that would have expanded copyright protection for the public performance of sound 

recordings. The proposed act would have required AM/FM radio stations that broadcast music to 

pay a new statutory copyright royalty, and this royalty would have been distributed to the copyright 

holder, performers, and musicians.

 

b

Spectrum allocation

Broadcasters—specifically radio stations and those who 

represent them—generally opposed this legislation while other interest groups—such as those 

representing performers and the music industry—supported this legislation.

The radio frequency spectrum is a natural resource used to provide all wireless communications 

services, such as television broadcasting. Spectrum allocation involves segmenting the radio 

spectrum into bands of frequencies that are designated for use by particular types of radio 

services or classes of users.c

Radio-enabled mobile phones

In general, broadcasters have concerns about attempts to reallocate 

spectrum and want to ensure that broadcasters are not required to relinquish spectrum that they 

currently hold. Other interest groups, such as those representing wireless carriers, are in favor of 

opening up more spectrum for other uses, such as for smartphones and other wireless devices. 

Broadcasters have proposed that in order to enhance public safety, Congress, the Federal 

Communications Commission (FCC), the Federal Emergency Management Agency (FEMA), and 

the mobile phone industry should consider ways to expand the availability of broadcast radio 

service in mobile phones and improve consumers’ access to information about radio-enabled 

mobile devices. The wireless industry has opposed efforts to mandate these capabilities in mobile 

phones and has stated that they are working in coordination with FCC, FEMA and other 

governmental stakeholders to develop a mobile broadcast emergency alerting system compatible 

with wireless systems that will allow for the targeted real-time delivery of government-approved 

alerts. 

Retransmission consent Congress passed the Cable Television Consumer Protection and Competition Act of 1992, which 

created a mechanism, known as retransmission consent, through which local broadcast station 

owners (such as local ABC, CBS, Fox, and NBC network affiliates as well as local unaffiliated 

stations) could receive compensation from cable operators in return for the right to carry their 

broadcast.d The retransmission consent provisions included in the 1992 Act allow local broadcast 

stations and cable operators to negotiate for payment or some other form of compensation in 

exchange for the cable operator’s right to carry broadcast content. As we have previously 

reported, there have been a few instances when negotiations reached an impasse and resulted in 

signal blackouts for cable subscribers.e

Source: GAO. | GAO-14-738

In general, cable providers advocate for reform of 

retransmission consent requirements, while broadcasters oppose changes to the current 

requirements.

a

H.R. 848, 111th Cong., as marked up by the House Committee on the Judiciary (2009). The Senate 

had a companion bill—S. 379, 111th Cong. (2009).

b

See GAO, Telecommunications: The Proposed Performance Rights Act Would Result in Additional 

Costs for Broadcast Radio Stations and Additional Revenue for Record Companies, Musicians, and 

Performers, GAO-10-826 (Washington, D.C.: Aug. 4, 2010).

c

See GAO, Spectrum Management: Federal Relocation Costs and Auction Revenues, GAO-13-472 

(Washington, D.C.: May 22, 2013).

d

The Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102–385, § 6, 

106 Stat. 1460, 1482-1483 (1992), amending 47 U.S.C. § 325. See GAO, Telecommunications: 

Issues Related to Competition and Subscriber Rates in the Cable Television Industry, GAO-04-8 

(Washington, D.C.: Oct. 24, 2003).

e

See GAO, Statutory Copyright Licensing: Implications of a Phaseout on Access to Television 

Programming and Consumer Prices Are Unclear, GAO-12-75 (Washington, D.C.: Nov. 23, 2011).
Appendix I: Objectives, Scope, and 

Methodology

Page 22 GAO-14-738 Broadcast Disclosure Requirements

In order to search CMAG’s database, we identified organizations that 

were likely to have sponsored advertisements on selected issues. To do 

so, we performed extensive online research to identify organizations that 

were particularly interested in each of the selected issues and interviewed 

representatives from NAB, broadcasters, and other interest groups. In 

selecting which of these potential sponsors to submit to CMAG, we 

considered the results of our research and interviews and applied 

professional judgment to select the following organizations as potential 

sponsors (see table 5).

Table 5: Selected Potential Advertisement Sponsors and Rationale for Inclusion

Organization Relevant issues Rationale for inclusion

National Association of 

Broadcasters (NAB)

Performance Rights Act

Spectrum allocation

Radio-enabled mobile phones

Retransmission consent

NAB representatives stated that NAB aired advertisements on the 

Performance Rights Act, spectrum allocation, and radio-enabled 

mobile phones.

GAO research identified NAB as having been involved in the debate 

about retransmission consent.

State Broadcasters 

Associations

Performance Rights Act GAO research identified several state broadcaster associations 

involved in the debate about the Performance Rights Act.

Music First Coalition Performance Rights Act Identified by GAO research and interviewees as key organization in 

the debate about the Performance Rights Act.

Radio One Performance Rights Act Identified by interviewees as having aired radio advertisements about 

the Performance Rights Act.

WCLV

(a radio station)

Performance Rights Act Identified by an interviewee as having produced at least one radio 

advertisement opposing the Performance Rights Act.

CTIA—The Wireless 

Association

Spectrum allocation

Radio-enabled mobile phones

Identified by an interviewee as having run advertisements on 

spectrum allocation.

GAO research identified CTIA as having been involved in the debate 

about radio-enabled mobile phones.

Consumer Electronics 

Association

Radio-enabled mobile phones GAO research identified Consumers Electronics Association as a key 

organization in the debate about radio-enabled mobile phones.

American Television 

Alliance

Retransmission consent Identified by interviewees as likely to have run advertisements on 

retransmission consent.

GAO research identified the American Television Alliance as a key 

organization in the debate about retransmission consent.

CBS Retransmission consent Identified by an interviewee as having run advertisements on 

retransmission consent.
Appendix I: Objectives, Scope, and 

Methodology

Page 23 GAO-14-738 Broadcast Disclosure Requirements

Organization Relevant issues Rationale for inclusion

Clear Channel Performance Rights Act

Retransmission consent

Identified by an interviewee as having run advertisements on 

retransmission consent.

GAO research identified Clear Channel as being involved in the 

debates about the Performance Rights Act and retransmission 

consent.

Sinclair Broadcasting 

Group

Retransmission consent Identified by an interviewee as having run advertisements on 

retransmission consent.

Source: GAO. | GAO-14-738

Using the list of potential sponsors we provided, CMAG identified 

advertisements aired by these sponsors from 2007 through 2012 and 

provided us with the audio/visual content of the advertisements. We 

reviewed these advertisements and selected those advertisements that 

were potentially relevant to our study. CMAG then provided occurrence 

information, such as date aired, time aired, station, market, and program, 

for the selected advertisements.9 In addition, CMAG’s television data 

include cost estimates for each advertisement occurrence. CMAG 

estimates costs using information from a quarterly poll of media firms and 

agency sources, together with historical program averages, information 

about the market, station, and daypart,10

To assess the reliability of CMAG’s television and radio data prior to our 

purchase, we conducted a review of relevant academic literature, 

reviewed CMAG’s methodology for obtaining the data, interviewed CMAG 

representatives and other data vendors, and interviewed academic 

experts who have used CMAG’s television data in their research, as 

mentioned above. We subsequently determined that the data were 

sufficiently reliable for our purposes and purchased the right to use both 

the television and radio data. After receiving and reviewing the television 

and information from the 

national broadcasting industry survey conducted each month by the 

Television Bureau of Advertising. The radio data we purchased from 

CMAG provide occurrence information—market, station, and time of day, 

among other data points—for advertisements by selected sponsors on 

almost 600 stations in 35 radio markets. The radio data do not include 

cost estimates.

 

9

CMAG uses market designations provided by Nielsen, a media research company.

10Dayparts are the time segments that divide the day for advertisement scheduling 

purposes, and daypart designations may vary by market, station, and affiliation. Examples 

of commonly used dayparts include early morning, daytime, and prime access. 
Appendix I: Objectives, Scope, and 

Methodology

Page 24 GAO-14-738 Broadcast Disclosure Requirements

data, we found no anomalies and concluded that they were sufficiently 

reliable for our purpose of determining the number of television 

advertisements on particular issues provided by selected sponsors, as 

well as an estimate of their fair market value. After receiving and 

reviewing the radio data, we determined the data were not 

comprehensive enough for us to assess the number and fair market value 

of relevant radio advertisements because these data cover fewer stations 

in fewer markets than the television data and do not include cost 

estimates, among other reasons.

We conducted our work from April 2013 through September 2014 in 

accordance with generally accepted government auditing standards. 

Those standards require that we plan and perform the audit to obtain 

sufficient, appropriate evidence to provide a reasonable basis for our 

findings and conclusions based on our audit objectives. We believe that 

the evidence obtained provides a reasonable basis for our findings and 

conclusions based on our audit objectives.
Appendix II: GAO Contact and Staff 

Acknowledgments

Page 25 GAO-14-738 Broadcast Disclosure Requirements

Mark Goldstein, (202) 512-2834 or goldsteinm@gao.gov

In addition to the individual named above, Ray Sendejas (Assistant 

Director); Namita Bhatia-Sabharwal; Melissa Bodeau; Owen Bruce; Jean 

Cook; Bert Japikse; SaraAnn Moessbauer; Rebecca Rygg; and Nancy 

Santucci made key contributions to this report.

Appendix II: GAO Contact and Staff 

Acknowledgments

GAO Contact

Staff

Acknowledgments

(543322)
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