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Title 47 — Telecommunications

Part I · Chapter 5 — Wire or Radio Communication

§ 317. Announcement of payment for broadcast

Statutory text

(a)

Disclosure of person furnishing

(1)

All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person: Provided, That “service or other valuable consideration” shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast.

(2)

Nothing in this section shall preclude the Commission from requiring that an appropriate announcement shall be made at the time of the broadcast in the case of any political program or any program involving the discussion of any controversial issue for which any films, records, transcriptions, talent, scripts, or other material or service of any kind have been furnished, without charge or at a nominal charge, directly or indirectly, as an inducement to the broadcast of such program.

(b)

Disclosure to station of payments

In any case where a report has been made to a radio station, as required by section 508 of this title, of circumstances which would have required an announcement under this section had the consideration been received by such radio station, an appropriate announcement shall be made by such radio station.

(c)

Acquiring information from station employees

The licensee of each radio station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any program or program matter for broadcast, information to enable such licensee to make the announcement required by this section.

(d)

Waiver of announcement

The Commission may waive the requirement of an announcement as provided in this section in any case or class of cases with respect to which it determines that the public interest, convenience, or necessity does not require the broadcasting of such announcement.

(e)

Rules and regulations

The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 73–652 · 48 Stat. 1064

    Enacted · 47 U.S.C. § 317

    June 19, 1934, ch. 652, title III, § 317, 48 Stat. 1089

    Source evidence

    Code source credit
    June 19, 1934, ch. 652, title III, § 317, 48 Stat. 1089

  2. Communications Act Amendments, 1960

    Pub. L. 86–752 § 8(a) · 74 Stat. 889

    1. Amended · 47 U.S.C. § 317

      Pub. L. 86–752 designated existing provisions as subsec. (a)

    2. Inserted · 47 U.S.C. § 317

      Pub. L. 86–752 inserting proviso clause

    3. Added · 47 U.S.C. § 317

      Pub. L. 86–752 added subsecs. (b) to (e)

    Source evidence

    Code amendment note
    Pub. L. 86–752 designated existing provisions as subsec. (a), inserting proviso clause, and added subsecs. (b) to (e).

    Enacted provision · exact public law section
    (a) Section 317 of the Communications Act of 1934 (47 U.S.C. 317) is amended to read as follows: “Sec. 317. “announcement with respect to certain matter broadcast (a) (1) All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person: Provided, That ‘service or other valuable consideration’ shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast. “(2) Nothing in this section shall preclude the Commission from requiring that an appropriate announcement shall be made at the time of the broadcast in the case of any political program or any program involving the discussion of any controversial issue for which any films, records, transcriptions, talent, scripts, or other material or service of any kind have been furnished, without charge or at a nominal charge, directly or indirectly, as an inducement to the broadcast of such program. “(b) In any case where a report has been made to a radio station, Infra. as required by section 508 of this Act, of circumstances which would have required an announcement under this section had the consideration been received by such radio station, an appropriate announcement shall be made by such radio station. “(c) The licensee of each radio station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any program or program matter for broadcast, information to enable such licensee to make the announcement required by this section. “(d) The Commission may waive the requirement of an announcement as provided in this section in any case or class of cases with respect to which it determines that the public interest, convenience, or necessity does not require the broadcasting of such announcement. “(e) The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.”

  3. Pub. L. 96–507 § 2(a) · 94 Stat. 2747

    Changed · 47 U.S.C. § 317(b)

    Pub. L. 96–507 conformed the reference to section 508 of this title to reflect the renumbering of that section by Pub. L. 96–507

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–507 conformed the reference to section 508 of this title to reflect the renumbering of that section by Pub. L. 96–507.

    Enacted provision · exact public law section
    (a) Section 317(b) of the Communications Act of 1934 (47 U.S.C. 317(b)) is amended by striking out “section 508” and inserting in lieu thereof “section 507”.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1960–1980 · 2 rounds

1980

Subsec. (b). Pub. L. 96–507 conformed the reference to section 508 of this title to reflect the renumbering of that section by Pub. L. 96–507.

1960

Pub. L. 86–752 designated existing provisions as subsec. (a), inserting proviso clause, and added subsecs. (b) to (e).

Credits

1934–1980 · 3 acts
  1. 1934June 19, 1934, ch. 652, title III, § 317, 48 Stat. 1089
  2. 1960Pub. L. 86–752, § 8(a), , 74 Stat. 895
  3. 1980Pub. L. 96–507, § 2(a), , 94 Stat. 2747.
Show as published

(June 19, 1934, ch. 652, title III, § 317, 48 Stat. 1089; Pub. L. 86–752, § 8(a), , 74 Stat. 895; Pub. L. 96–507, § 2(a), , 94 Stat. 2747.)

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