Telepictures Productions Inc

Federal Communications Commission DA 08-1042

Before the

Federal Communications Commission

Washington, D.C. 20554

In re Request of

Telepictures Productions Inc.

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 a request for declaratory ruling filed by Telepictures Productions

Inc. (�Telepictures�), co-producer of a television program entitled �TMZ.�1 Telepictures states that this

program airs every weekday for 30 minutes and also airs in a 60-minute format on weekends. It states

that �TMZ,� a series based on TMZ.com (an online entertainment news source), airs on all Fox-owned

broadcast television stations. In its request, Telepictures asks the Commission to declare that the subject

program qualifies as a bona fide newscast and, is therefore, exempt from the equal opportunities

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

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)), are exempt

from equal opportunities requirements

ws 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)), 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.�2 In deciding that �Entertainment Tonight� (and its 60-minute weekend version

�Entertainment This Week�) qualified as a bona fide newscast in 1988, 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

1 Telepictures Request for Declaratory Ruling (July 18, 2007) (�Telepictures Request�). At the time the request was

filed, �TMZ� was in the planning stage. On March 7, 2008, counsel for Telepictures submitted a supplement to its

request stating that the show had begun broadcasting on September 10, 2007, and is now being aired by 242 stations.

2 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 08-1042

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met, [its] role is properly limited to determining whether a broadcaster was reasonable in deciding that a

program fits within an exemption.�3

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eptember 10, 2007, and is now being aired by 242 stations.

2 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 08-1042

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met, [its] role is properly limited to determining whether a broadcaster was reasonable in deciding that a

program fits within an exemption.�3

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.�4 Telepictures states that �TMZ� meets the Section 315(a)(1)

criteria for a bona fide newscast and is, therefore, exempt from the equal opportunities requirements of

Section 315(a). It contends that, like �Entertainment Tonight� and �Entertainment This Week,� �the

TMZ weekday and weekend broadcasts�constitute �respectively 30 and 60-minute programs in a

newscast format, incorporating news interviews, news documentaries, and on-the-spot coverage of

entertainment news events�in addition to�regular up-to-the-minute coverage of late-breaking

entertainment news.��5 Telepictures also states that stories on �TMZ� are �selected by the show�s

producers based on determinations of newsworthiness, and not for the purposes of advancing or harming

any candidate for public office.�6

4. Based on the record before us, we conclude that �TMZ� does qualify as a bona fide

newscast because it reports news of some area of current events, in a manner similar to more traditional

newscasts. In addition, we have no evidence before us of bad faith or unreasonableness on the part of

Telepictures. Therefore, appearances by candidates on �TMZ� are exempt from the equal opportunities

requirements of Section 315(a).

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nclude that �TMZ� does qualify as a bona fide

newscast because it reports news of some area of current events, in a manner similar to more traditional

newscasts. In addition, we have no evidence before us of bad faith or unreasonableness on the part of

Telepictures. Therefore, appearances by candidates on �TMZ� are exempt from the equal opportunities

requirements of Section 315(a).

5. 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.�7 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.8

3 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). See also In Re Request of TTT West Coast, Inc. For Declaratory Ruling, 9 FCC Rcd 6168

(MMB1994) (program �Extra� found to be bona fide newscast exempt from equal opportunities provision).

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

5 Telepictures Request at 2 quoting Entertainment Tonight.

6 Telepictures Request at 2.

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

8 Id.

Federal Communications Commission DA 08-1042

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6. Accordingly, Telepicture�s request for declaratory ruling IS GRANTED because we find

that �TMZ� qualifies for the bona fide newscast exemption under Section 315(a)(1).

FEDERAL COMMUNICATIONS COMMISSION

Robert L. Baker

Assistant Chief

Policy Division

Media Bureau