The Christian Broadcasting Network

Federal Communications Commission DA 08-1041

Before the

Federal Communications Commission

Washington, D.C. 20554

In re Petition of

The Christian Broadcasting Network

For Declaratory Ruling

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DECLARATORY RULING

Adopted: May 1, 2008 Released: May 1, 2008

By the Assistant Chief, Policy Division, Media Bureau:

1. In this Order, we grant in part a petition for declaratory ruling filed by the Christian

Broadcast Network, Inc. (�CBN�), producer of a 60-minute television program entitled �The 700 Club.�

This program airs weekdays on 100 television stations in the United States, as well as on the ABC Family

Channel cable network, FamilyNet, and Trinity Broadcasting Network.1 In its petition, CBN asks the

Commission to declare that the subject program qualifies in its entirety as a bona fide newscast within the

meaning of Section 315(a) of the Communications Act of 1934, as amended (the �Act�), 47 U.S.C. �

315(a), or, in the alternative, that the news segments aired on �The 700 Club� qualify as bona fide

newscasts and the news interview segments qualify as bona fide news interviews pursuant to Section

315(a).2 For the reasons set forth below, we conclude that the newscast and news interview segments of

�The 700 Club� qualify for the bona fide newscast and news interview exemptions under Section 315(a),

respectively, and that these segments conducted on the program are exempt from equal opportunities.

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 other such candidates for

that office. Section 315(a) also states, however, that appearances by legally qualified candidates on four

categories of bona fide news programming, including bona fide newscasts (Section 315(a)(1)) and bona

fide news interviews (Section 315(a)(2)), are exempt from equal opportunities requirements

ce to use a broadcast station, it must afford equal opportunities to other such candidates for

that office. Section 315(a) also states, however, that appearances by legally qualified candidates on four

categories of bona fide news programming, including bona fide newscasts (Section 315(a)(1)) and bona

fide news interviews (Section 315(a)(2)), are exempt from equal opportunities requirements. Congress

qualified all four categories of exempt news programming with the term �bona fide,� which �was

intended to emphasize Congress� intent that the program be of genuine news value and not be designed to

serve the political advantage of any particular candidacy.�3 In deciding that �Entertainment Tonight�

1 We note that, subsequent to filing the petition for declaratory ruling, CBN filed a clarification to petition for

declaratory ruling to clarify several statements made in the petition (�CBN Clarification�).

2 47 U.S.C. � 315(a). See 47 C.F.R. � 73.1941.

3 In re Request of Oliver Productions, Inc. For Declaratory Ruling, 4 FCC Rcd 5953, 5953 (1989), citing Henry

Geller, 95 FCC 2d 1236 (1983).

Federal Communications Commission DA 08-1041

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qualified as a bona fide newscast, the Mass Media Bureau stated that its �role is not to decide, by some

qualitative analysis, whether one kind of news story is more bona fide than another.� It further stated

that, �[s]o long as the program characteristics set out by Congress are met, [its] role is properly limited to

determining whether a broadcaster was reasonable in deciding that a program fits within an exemption.�4

3

, the Mass Media Bureau stated that its �role is not to decide, by some

qualitative analysis, whether one kind of news story is more bona fide than another.� It further stated

that, �[s]o long as the program characteristics set out by Congress are met, [its] role is properly limited to

determining whether a broadcaster was reasonable in deciding that a program fits within an exemption.�4

3. In considering whether the format of a program qualifies as a �bona fide newscast,� the

Commission considers �whether the program reports news of some area of current events, in a manner

similar to more traditional newscasts.�5 The Commission considers the following factors when

determining whether a program qualifies as a �bona fide news interview�: (1) whether the program is

regularly scheduled; (2) whether the broadcaster or an independent producer controls the program; and (3)

whether the broadcaster�s or independent producer�s decisions on format, content, and participants are

based on newsworthiness rather than on an intention to advance or harm an individual�s candidacy.6

4. CBN states that the entire program meets Section 315(a)(1)�s criteria for a bona fide

newscast and is, therefore, exempt from the equal opportunities requirements of Section 315(a). It

contends that �a major portion and, occasionally a majority, of each program consists of newscasts and

news interviews,� and that �[i]t is unquestionable that The 700 Club reports news �of current events, in a

manner similar to more traditional newscasts.��7 It asserts that its newscast segments include �anchor

readers,� reporter packages and/or interviews. Regarding its news interview segments, CBN states that

�all questions are prepared by a CBN employee based upon journalistic news principles,�[l]ive guests

speaking on news and political subjects are not given advance notice of the questions to be asked,�8 and

interviewees are selected based on newsworthiness and other factors

include �anchor

readers,� reporter packages and/or interviews. Regarding its news interview segments, CBN states that

�all questions are prepared by a CBN employee based upon journalistic news principles,�[l]ive guests

speaking on news and political subjects are not given advance notice of the questions to be asked,�8 and

interviewees are selected based on newsworthiness and other factors. It further states �that The 700 Club,

its newscasts and news interviews, are not designed to further any candidate�s campaign, and the

appearances of candidates during those newscasts and interviews is designed to inform CBN viewers and

not to further any candidate�s campaign.�9 CBN describes the program as including news segments, as

well as �live and taped interviews with guests, special features, music, coverage of financial issues, and

religious ministry.�10 In an attachment to its petition, CBN lists the news topics contained in six airings of

The 700 Club, indicating that the total news content of these programs ranged in length from 13 minutes,

30 seconds to 18 minutes, 25 seconds.

5. In the event that the Commission does not agree that the entire program should be

exempt, CBN argues that the newscast and interview segments of the program should be considered

exempt. For reasons already set forth, including that that The 700 Club reports news �of current events, in

a manner similar to more traditional newscasts,� CBN argues that the newscast segments should be

4 Paramount Pictures Corp., 3 FCC Rcd 245, 245-46 (MMB 1988) (�Entertainment Tonight�). See Rev. Donald L.

Lanier, 37 FCC 2d 952 (B/c Bur. 1972) (granting newscast exemption to a program dealing entirely with current

religious news).

5 Oliver, 4 FCC Rcd at 5953, citing Entertainment Tonight, 3 FCC Rcd at 246.

6 In Re Request of ABC, Inc. For Declaratory Ruling, 15 FCC Rcd 1355, 1358 (1999).

7 CBN Petition at 12 quoting Entertainment Tonight.

8 CBN Petition at 5-6

Tonight�). See Rev. Donald L.

Lanier, 37 FCC 2d 952 (B/c Bur. 1972) (granting newscast exemption to a program dealing entirely with current

religious news).

5 Oliver, 4 FCC Rcd at 5953, citing Entertainment Tonight, 3 FCC Rcd at 246.

6 In Re Request of ABC, Inc. For Declaratory Ruling, 15 FCC Rcd 1355, 1358 (1999).

7 CBN Petition at 12 quoting Entertainment Tonight.

8 CBN Petition at 5-6. CBN notes, however, that, �for feature interviews, sample questions and the topics to be

covered may be discussed in advance [with the live guest] in order for the interview to fit within the time constraints

of the show.� Id. at 6.

9 CBN Clarification at 2-3.

10 CBN Petition at 3.

Federal Communications Commission DA 08-1041

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considered bona fide newscasts. CBN also contends that the news interview segments of The 700 Club

should be considered bona fide news interviews because: the news interview segments are regularly

scheduled�airing each weekday on a program �in continuous production since 1966�; CBN, an

independent producer, �controls all decisions as to format, content, and participants; and those decisions

are based on newsworthiness rather than on an intention to advance or harm an individual�s candidacy.�11

6. Based on the record before us, we conclude that the newscast portions of the subject

program qualify for the bona fide newscast exemption under Section 315(a)(1) because they report news

of some area of current events, in a manner similar to more traditional newscasts. In addition we

conclude that the news interview portions of the subject program qualify for the bona fide news interview

exemption under Section 315(a)(2) of the Act because they are regularly scheduled; their producer

controls them; and the producer�s decisions on format, content, and participants are based on

newsworthiness and not on an intention to advance or harm an individual�s candidacy. In addition, we

have no evidence before us of bad faith or unreasonableness on the part of CBN

fide news interview

exemption under Section 315(a)(2) of the Act because they are regularly scheduled; their producer

controls them; and the producer�s decisions on format, content, and participants are based on

newsworthiness and not on an intention to advance or harm an individual�s candidacy. In addition, we

have no evidence before us of bad faith or unreasonableness on the part of CBN. Therefore, appearances

by candidates on the aforementioned segments of this program are exempt from the equal opportunities

requirements of Section 315(a). In light of these findings, we do not address whether the entire subject

program is exempt from Section 315.

7. We note that, whenever a news exemption is sought for an independently produced

program, individual �licensees must still make a determination to air individual programs in the exercise

of their bona fide news judgment.�12 Accordingly, the licensees of the stations on which the subject

program airs remain ultimately responsible for a determination to air a particular program and should not

do so for the political advantage of a candidate for public office.13

8. Accordingly, CBN�s petition for declaratory ruling IS GRANTED IN PART because we

find that the newscast portions of the program and the news interview portions of the program qualify for

the bona fide newscast exemption and the bona fide news interview exemption, respectively, under

Section 315(a).

FEDERAL COMMUNICATIONS COMMISSION

Robert L. Baker

Assistant Chief

Policy Division

Media Bureau

11 CBN Petition at 2, 13.

12 Request for Declaratory Ruling on Independently Produced News Interviews, 7 FCC Rcd 4681, 4685 (1981).

13 Id.