some one told me today a broadcaster told a family member to me? that for part 15 legal radio station that you cannot sell ads or make commercials on your part 15 FCC legal radio station. is that true or not. i would like to know some people do that and has not gotten into trouble. so can anybody explain to me about that. i will greatly appreciate it.
The Truth
The rules for Part 15 legal low power broadcasting are 100% about technical requirements, but there are NO rules about the programming of a low power station. Low power stations are therefore FREE to broadcast what they decide to program, including commercials.
Not so…
ABMedia1
Someone is either
1.)mis-informed
or
2.)is worried about competition from a part 15 radio station.
I am leaning towards option 2.)
Unless i am mis-informed myself, the FCC Part 15 rules say nothing about whether your operations can be or cannot be commercial.
The FCC is only concerned with you being legal and not interfering with other stations or public services. They are not in the business of selling a product or service.
Although i could argue the FCC has sold out to other organizations, that is a whole ‘nother discussion.
I say it is a great idea to sell advertising to offset the cost of operations and put some green backs in your pocket. In short: Go For It!
Great minds think alike…
LOL Carl,
You and I must be on the same wavelength this evening.
More About It
Well, Rock 105.3, I really like your two talking points;
1.) someone is misinformed;
2.) someone is worried about competition.
You went with No. 2, and I am inclined to go with…. well, both arguments hold water.
The “wise” person who had a “definite” opinion has SOME REASON for saying what they said. This calls for a psychological investigation of that person. What do they have to gain? Who are they working for?
In the original note from ABMedia1 it was disclosed that a “BROADCASTER told a family member”… I’d say that the “broadcaster” is either
1.) Unqualified to be a broadcaster,
or,
2.) Is a dishonest broadcaster, which would be typical of the corporate landscape.
Common Sense Limits…
I believe the only reference the FCC makes toward program material is that it must meet the FCC’s restriction regarding indecent or profane language.
In fact in so many words they state that you can air anything else you’d like. Just don’t offend anyone.
I agree Carl
I think i like your 2 options better Carl.
But really, i think both of our 2 options are valid and are really just different ways of politely saying “someone is full of ..it.
After all, there are probably over a thousand Talking House transmitters in operation as real estate sales tools and you never hear of NOUO’s being issued for selling a house.
Radio stations are struggling and most sales people, managers and owners do not want to admit it right away that if the competition grabs up one more potential client then another employee may have to be laid off or let go.
One more station on the dial to grab up potential clients is scary and a new comer station could be a horror story by Stephen King.
ABMedia1, go for it and don’t look back and what ever you do… ignore the scare tactics and become the best sales person you can possibly be. Life is too short for “what if’s”.
Here is some good reading material on selling ads by Radio Brandy http://www.radiobrandy.com/Making-Money.html
Following the Discussion
MRAM I am wondering where it is the FCC makes the statement you mentioned, about avoiding certain language. I know they make such a statement specified for “licensed broadcasters,” but do they make it somewhere for even Part 15 operators?
And a general followup remark from me….
The sales mentality which fears Part 15 as possible competition is overlooking the bigger picture…. their programming is of no interest to either the general public or advertisers. If a Part 15 station lives or dies doesn’t matter, because the licensed stations STILL are too bad to succeed.
Applicable
“I know they make such a statement specified for “licensed broadcasters,” but do they make it somewhere for even Part 15 operators?”
The rules regarding indecent material are applicable to all wireless communications..including unlicensed operations.
Do not assume that because there is no specification within the tiny window of Part 15’s set of rules that other parts throughout the rest of them do not apply to our operations.
In regards to a Part 15 radio station running commercial advertising…why not, and why shouldn’t it.
If a big boy station is that chicken *&$# to be soooo concerned about a flea power station taking away all of its clients..awww too bad! Cry in one hand, hold out the other for rain and see which one fills first! Here is a quarter, call someone who cares!
Perhaps that big ol boy station may want to focus on being a better station for its local community instead of stepping on the public and being more concerned about balance sheets and bottom lines. Maybe…just maybe even “copy cat” what the tiny Part 15 station is doing!! Ya that might be a better course of action! HaHa.
Even if a big ol boy station tries to waste its time and effort and resources taking down a flea because of being threatened with competition, that tiny flea station can become a super flea with the community support.
RFB
actually indecency does not
actually indecency does not apply to part 15 but if you are using a optimized transmitter system and your goal is to reach more than relaying an internet or satellite broadcast across your room to a stereo or to interface a iPod or sat radio to your car stereo then it is a good idea to run clean programming.
Applicable 2
“your goal is to reach more than relaying an internet or satellite broadcast across your room to a stereo or to interface a iPod or sat radio to your car stereo then it is a good idea to run clean programming.”
My point exactly. As I pointed out, there is no specifics within Part 15 that describes program content decency regulation. But you can COUNT ON IT for the FCC to utilize the indecency rules within the whole of the rules if presenting a case regarding an unlicensed station put up on the chopping block after some complaint.
And for those of us who have dived into Part 15 broadcasting in the real sense of serving the community and not just serving the self interests of bringing life back into those old radios collecting dust in the corner of the living room, wisdom and common sense can save you a lot of unnecessary problems.
There IS a difference and there ARE those who take their Part 15 broadcasting very seriously, therefore it is only logical, and of elementary level common sense to be aware of ALL FCC rules and regulations for ANY of the wireless services and apply those to said Part 15 operations just as seriously as the broadcasting intent is.
Because no matter if it is written in black and white or not, if it is seen as necessary, that unwritten rule that is written elsewhere CAN and WILL be used against you in a court of law…..count on it!
Better to be safe than sorry.
How many times does it take holding your hand over a fire to realize it is hot?!
RFB
Accurate
There are flecks of truth in the spin of opinions that have been given, but also some inaccuracies.
Here is the Rule about language:
73.3999 (a) no licensee of a radio or television broadcast station shall broadcast any material which is obscene.
(b) No licensee of a radio or television broadcast station shall broadcast on any day between 6 AM and 10 PM any material which is indecent.
The keyword for us to note is the word “licensee.” That does not apply to Part 15 low power broadcast from an intentional radiator.
That is why, even if a complaint about objectionable content brings the FCC to investigate, they will only check the technical compliance of a Part 15 station.
It would be possible for an action to be brought by local authorities based on “community standards,” ordinances that attempt to articulate what the community as a whole deems objectionable.
However, accuracy aside, it makes good political sense not to publicly broadcast material that may incite hostile response, unless doing so furthers an important personal cause of the broadcaster, such as exposing the city council for misconduct.
Keeping programming clean is becoming more difficult because of internet freedom, which has more and more show hosts using the “s” word and other incendiary words. But that same erosion of “decency” is happening to society as a whole because of movies, cable TV and general language abuse by public authorities as their display of machismo.
The safest stance is “low profile,” and Part 15 has plenty of that.
For the Canadian readers
For the Canadian readers here…
Similarly, in Canada, there are no restrictions in running ads for what Industry Canada and the CRTC calls Low Power Announce Systems (equivalent to Part 15). But there are some restrictions, namely
1. Must follow CRTC guidelines for acceptable broadcasting/community standards
2. Must not carry political programming
3. Must not broadcast from the same source using more than 1 transmitter
If you violate these rules, the CRTC reserves the right to force the broadcaster to apply for a CRTC license (effectively shutting them down, since they’ll never get it).
The low power broadcaster must also have a SOCAN license if he/she is using copyrighted material (pretty nominal for these kinds of stations).
The Honest Truth
Honestly, i DO NOT like anything raunchy or just plain wrong said on my part 15. i really don’t like it. that’s why i do my homework and preview everything before i play it, and there’s something in it i will edit it with audacity and make it radio safe but 99.5 percent of the time i don’t play it. and about commercials, psa’s, etc… i was pretty sure i could play them i just needed to ask y’all on here and like i said i was pretty sure and had my doubts.
thank you so much!
I was gunna say…
I was gunna say,
I’ve been running ads since year two of my operation and never had an issue.
Feel free to run what you like. FCC does not dictate programming.
Now what about Part 15 stations in the Non-Com band?
Twisted Wit…
Well Carl, I looked and looked and I stand corrected as Part 15 rules don’t address obscene or indecent programming. Other sections ,however, do.
Reference “Broadcasters” (licensed or not?,) the FCC specifically address the issue so far as to say they themselves have been restricted by the courts as to what is considered obscene, profane or indecent. And, airing such programming is a violation of Federal law.
Now, I don’t know how others would take this but as a parallel situation, If I don’t have a drivers licence and I’m caught driving drunk the courts will still apply those laws even though I don’t have a drivers license. Would seem the same could apply to those airing obscene, profane or indecent material licensed or not.
Using that logic I would be hesitant to air obscene, profane or indecent programming.
Not an Attorney, but….
Before my twisted wit kicks in I wish to align 100% with the points made by MRAM. As I read it, I think he is opening us to the larger fact that the FCC Rules aren’t the only rules under which we operate. There are additional laws, rulings, and formal opinions that dictate a “body of law” to which we are subject. MRAM also mentions “logical,” and I think it is logical to apply safeguards whenever sending language over a public medium.
Now the twist….
I’m not a butt, I’m an attorney.
No Lawyer Required
“I wish to align 100% with the points made by MRAM. As I read it, I think he is opening us to the larger fact that the FCC Rules aren’t the only rules under which we operate.”
I believe I made the exact same point earlier, including the regulations within the FCC rule book that are of one part and not another, but to be aware of them and apply that knowledge to your operations.
The Devil is in the details!
RFB