Time-Telepictures Television

Federal Communications Commission

DA 02-2078

Before the

Federal Communications Commission

Washington, B.C. 20554

In re Request of

Time-Telepictures Television

For Declaratory Ruling

DECLARATORY RULING

Adopted: August 22, 2002

Released: August 26, 2002

By the Chief, Policy Division, Media Bureau:

1.

This is in response to a request for declaratory ruling filed on behalf of Time-

Telepictures Television ("Telepictures") asking the Commission to declare that the program "Celebrity

Justice" is a bona fide newscast for purposes of the exemption from the equal opportunities

requirements of Section 315(a) of the Communications Act of 1934, as amended (the "Act").'

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 all other

opposing candidates for that office. Section 315(a) states, however, that appearances by legally

qualified candidates on certain categories of bona fide news programming, including bona fide

newscasts pursuant to Section 315(a)(1), are exempt from this equal opportunity requirement.

3.

Telepictures states that the program "Celebrity Justice" satisfies the Commission's

requirements for exempt bona fide newscasts because it will be regularly scheduled beginning in

September 2002 and will be "covering news from areas of current events, in the traditional television

news magazine format," a format the Commission has found to be consistent with the Section

315(a)(1) exemption.^ Telepictures points out that the Commission ruled in 1994 that the program

"Extra" was a bona fide newscast. ^ It states that "Celebrity Justice" is currently featured as a segment

of each "Extra" broadcast, but that it will be spun off as its own program in September

itional television

news magazine format," a format the Commission has found to be consistent with the Section

315(a)(1) exemption.^ Telepictures points out that the Commission ruled in 1994 that the program

"Extra" was a bona fide newscast. ^ It states that "Celebrity Justice" is currently featured as a segment

of each "Extra" broadcast, but that it will be spun off as its own program in September. Telepictures

also states that stories for inclusion in "Celebrity Justice" will be selected by its producers based on

determinations of newsworthiness, not for the purpose of advancing or harming any candidate for

public office."*

'

47 U.S.C. § 315(a).

^ Request for Declaratory Ruling at 1-2. See, e.g., Paramount Pictures Corp., 3 FCC Red 245 (MMB 1988). In

deciding that the television programs Entertairunent Tonight and Entertainment This Week should be accorded

bona fide newscast status for equal opportunities purposes, the Mass Media Bureau emphasized that what

constitutes a bona fide newscast should be predicated upon whether "these programs report about some area of

current events, in a manner similar to more traditional newscasts." Id. at 246.

^ TTT West Coast, Inc., 9 FCC Red 6168 (MMB 1994).

Request for Declaratory Ruling at 3-4.

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Federal Communications Commission

DA 02-2078

4.

Based on the record before us and the representations of Telepictures' counsel, we

conclude that the program "Celebrity Justice" qualifies for the bona fide newscast exemption under

Section 315(a)(1).

Accordingly, Telepictures' request for declaratory ruling that the program

"Celebrity Justice" is exempt from Section 315(a) of the Act as a bona fide newscast IS GRANTED.

5.

This action is taken pursuant to authority delegated by Section 0.283 of the

Commission's rules.^

FEDERAL COMMUNICATIONS COMMISSION

Mary Beth Murphy

Chief, Policy Division

Media Bureau

' 47 C.F.R. § 0.283.

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