# DA-94-948: Fisher Broadcasting. Inc., Licensee of Station KOMO-TV, Seattle, Washington (09/02/94): Fisher Broadcasting. Inc., Licensee of Station KOMO-TV, Seattle, Washington > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/FCC_DA_94_948 ## Section - **Citation:** DA-94-948: Fisher Broadcasting. Inc., Licensee of Station KOMO-TV, Seattle, Washington (09/02/94) - **Heading:** Fisher Broadcasting. Inc., Licensee of Station KOMO-TV, Seattle, Washington - **Jurisdiction:** Federal - **Kind:** Rulings - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** FCC Declaratory Rulings / Fisher Broadcasting. Inc., Licensee of Station KOMO-TV, Seattle, Washington ## Text 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. 4497 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. 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