Fisher Broadcasting. Inc., Licensee of Station KOMO-TV, Seattle, Washington

9 FCC Red No. 18

Federal Communications Commission Record

DA 94-948

Before the

Federal Communications Commission

Washington, D.C. 20554

In re Request of

Fisher Broadcasting. Inc.,

Licensee of Station KOMO-TV,

Seattle, Washington

For Declaratory Ruling

STAFF RULING

Adopted: August, 26, 1994;

Released: September 2, 1994

By the Chief. Fairness/Political Programming Branch:

1. The Commission has before it a request for a declara

tory ruling filed by Fisher Broadcasting Inc. ("Fisher"),

licensee of station KOMO-TV. Seattle, Washington. Fisher

asks us to rule that news interviews broadcast on three of

its public affairs programs are exempt from the "equal

opportunities" provision of Section 315(a) of the Commu

nication Act of 1934. as amended. Fisher contends that

"Town

Meeting."

"Northwest

Afternoon."

and

"Viewpoint." contain bona fide news interviews satisfying

the Commission's criteria for exemption under Section

315(a).

2. Fisher states that "Town Meeting" is a locally pro

duced. weekly, hour-long program that deals with con

troversial issues affecting life in KOMO-TVs service area.

Fisher asserts that each episode features interviews of one

or more guests, usually community leaders, by a program

host. After initial discussion, questions are taken from a

studio audience and from viewers who call in. Fisher

maintains that the host controls the flow of questions as

well as the selection of topics, and that speech making is

not allowed. KOMO-TV has broadcast "Town Meeting" for

more than ten years.

3. Fisher states that "Northwest Afternoon" is a one hour

program that it has produced for broadcast each weekday

for more than seven years. The program is divided into two

distinct segments. The first segment is approximately fifteen

minutes in length and reviews events in serial daytime

drama shows. No ruling is requested with respect to this

portion of the program. Fisher asserts that the remainder

of the program consists of interviews with newsworthy

guests

that it has produced for broadcast each weekday

for more than seven years. The program is divided into two

distinct segments. The first segment is approximately fifteen

minutes in length and reviews events in serial daytime

drama shows. No ruling is requested with respect to this

portion of the program. Fisher asserts that the remainder

of the program consists of interviews with newsworthy

guests. Fisher states that two hosts interview one or more

guests concerning various important public issues. Ques

tions are taken from both the studio audience and the from

call-in viewers. ITowever. Fisher contends that the hosts

maintain control over the questions and the discussion, and

that speech making is not allowed.

4. Finally. Fisher states that "Viewpoint" is a thirty

minute weekly news and public affairs program that fo

cuses on regional issues of public importance. During the

program, a regular host interviews various political, com

munity, and business leaders to solicit their viewpoints on

a variety of issues. The host selects and asks the questions,

and there is no studio audience. "Viewpoint" has been

regularly broadcast for over a decade. As with the two

programs described above. Fisher states that all topics and

participants on "Viewpoint" are selected on the basis of the

station's ascertainment results, viewer letters, and the sta

tion's journalistic judgement. Fisher maintains that no pro

gram is ever broadcast for the purpose of promoting a

particular candidacy or political party.

DISCUSSION

5. Section 315(a) of the Communications Act provides

that if a licensee permits a legally qualified candidate for

public office to use a broadcast station, it must afford equal

opportunities to other such candidates for that office. In

1959. Congress amended Section 315 to exempt from equal

opportunities appearances by legally qualified candidates

on the following programs:

(1) bona fide newscast.

(2) bona fide news interview.

nications Act provides

that if a licensee permits a legally qualified candidate for

public office to use a broadcast station, it must afford equal

opportunities to other such candidates for that office. In

1959. Congress amended Section 315 to exempt from equal

opportunities appearances by legally qualified candidates

on the following programs:

(1) bona fide newscast.

(2) bona fide news interview.

(3) bona fide news documentary (if the appearance of

the candidate is incidental to the presentation of the

subject or subjects covered by the news documen

tary), or

(4) on-the-spot coverage of hona fide news events

(including but not limited to politicalconventions

and activities incidental thereto).

47 U.S.C. Section 315(a)(l-4). In determining whether a

program qualifies as a "bona fide news interview", the

Commission considers the following factors: (I) whether it

is regularly scheduled; (2) whether the broadcaster or an

independent producer controls the program; and (3)

whether the broadcaster's or independent producer's de

cisions on format, content, and participants are based on

newsworthiness rather than on an intention to advance an

individual's candidacy. See Request for Declaratory Ruling

on Independently Produced News Interviews, 7 FCC Red

4681 (1992).

6. Based on the information contained in Fisher's re

quest. it appears that the news interview segments of

"Town Meeting," "Northwest Afternoon." and "Viewpoint"

are exempt from equal opportunities as bona fide news

interviews under Section 315(a)(2). Each program has been

regularly scheduled for several years. In addition, Fisher

represents that it retains control over the programs' topics,

hosts, and guests, and that no speech making is allowed.

Moreover, according to Fisher, all topics and participants

are selected on the basis of newsworthiness in the exercise

of the producer's reasonable good faith judgment, with no

intent to further any candidacy.

4497

as been

regularly scheduled for several years. In addition, Fisher

represents that it retains control over the programs' topics,

hosts, and guests, and that no speech making is allowed.

Moreover, according to Fisher, all topics and participants

are selected on the basis of newsworthiness in the exercise

of the producer's reasonable good faith judgment, with no

intent to further any candidacy.

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DA 94-948

Federal Communications Commission Record

9 fcc Red No. 18

CONCLUSION

7. In view of the foregoing considerations. Fisher's re

quest that the bona fide news interview segments on "Town

Meeting," "Northwest Afternoon," and "Viewpoint" be

exempt from Section 315(a) of the Communications Act IS

GRANTED.'

8. Staff action is taken pursuant to delegated authority.

FEDERAL COMMUNICATIONS COMMISSION

Milton O. Gross

Chief. Fairness/Political

Programming Branch

Enforcement Division

Mass Media Bureau

' The exemption would apply only to appearances by guests on

the programs. The appearance of any host who was a legally

qualified candidate would not be exempt. See Branch v. FCC,

824 F.2d 37 (1987), cert, denied. 108 S. Ct. 1220 (1988).

4498