FCC Extends Waiver of Sponsor ID Rules to Allow Stations to Air PSAs During Donated Prepaid Ad Time

On June 26, the FCC's Media Bureau released an order extending its April 3 temporary waiver of the sponsorship identification requirements to reduce regulatory burdens on broadcasters airing PSAs during airtime originally purchased by commercial advertisers. The waiver will now be in effect through August 31, 2020.

Because of the COVID-19 outbreak and related disruptions in business operations and event cancellations, many advertisers can no longer use the advertising time they had previously purchased from radio and TV stations. To make use of the time, some advertisers wish to donate the time to allow broadcasters to devote more commercial time to COVID-19 PSAs prepared by, or on behalf of, the Centers for Disease Control and Prevention (CDC), other governmental entities or public health authorities. Because the PSAs would identify public health entities as the source of the announcement, and not the commercial advertiser who originally paid for the time, they would normally violate the sponsorship ID requirements in Section 317 of the Communications Act and Section 73.1212 of the FCC's rules.

The Bureau observed that allowing PSAs to be aired in lieu of commercials served the public interest, and that requiring stations to disclose the original purchaser of the time could cause confusion or undercut the value of the PSAs. Accordingly, it temporarily waived the sponsorship ID requirements to allow stations to air PSAs during time previously paid for and donated by commercial advertisers. Please note that this is a temporary waiver that applies only in the limited circumstances described in the order and that the sponsorship ID requirements otherwise continue to apply. If you have questions about this waiver, please contact your station's FCC counsel or the NAB Legal department at (866) 682-0276.