Capital Radio Networks

DA 96-573 Federal Communications Commission Record 11 FCC Red No. 9

Before the

Federal Communications Commission

Washington, D.C. 20554

In re Request of

CAPITOL RADIO NETWORKS

For Declaratory Ruling

STAFF RULING

Adopted: April 11, 1996 Released: April 18, 1996

By the Chief, Complaints and Political Programming

Branch:

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

tory ruling filed on March 1, 1996, by Capito~ Radio

Networks (CRN) seeking a Commission determin~t1on t.hat

its program "Capitol Ideas" is a bona fide .n~w.~ mter.v~ew

program, exempt from the "equal opportunities prov1s1on

of Section 315(a) of the Communications Act of 1934, as

amended. (47 U.S.C. Section 315(a)).

2. CRN is an independent news network that provides

news and informational programming to radio stations in

the state of North Carolina. CRN states that "Capitol Ideas"

is a monthly radio call-in show that features the Governor

of North Carolina and provides callers throughout the state

an opportunity to speak with the Governor about issues of

concern to them. Because the Governor has become a

legally qualified candidate for re-election to that office,

CRN filed the instant request. CRN maintains that "Capit~l

Ideas" has aired regularly since February 1993 and that It

plans to continue production and broadcast of the program

regardless of the outcome of the 1996 gubernatorial elec�

tion.

3. CRN states that "Capitol Ideas" is moderated by

CRN's news anchor, Matt Willoughby. CRN contends that

Willoughby controls the program by introducing callers

and intervening in the discussion when, in his judgment,

such action is appropriate. CRN maintains that topics dis�

cussed during the show arise from those raised by the

callers and from those questions Willoughby has planned

in advance. CRN asserts that because no questions from

any source are given to the Governor in advance, responses

cannot be scripted

ogram by introducing callers

and intervening in the discussion when, in his judgment,

such action is appropriate. CRN maintains that topics dis�

cussed during the show arise from those raised by the

callers and from those questions Willoughby has planned

in advance. CRN asserts that because no questions from

any source are given to the Governor in advance, responses

cannot be scripted. Moreover, CRN asserts that because t~e

program is broadcast live, neither the Gove~nor n~r h~s

staff have any ability to control the matenal which 1s

broadcast.

DISCUSSION

4. 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 affor~ 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 news programs:

4674

( 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 bona fide news ev~nts

(including but not limited to political conventions

and activities incidental thereto).

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

program qualifies as a "bona ~de news interview," th.e

Commission considers the followmg factor~: (1) 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)

eduled; (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). Furthermore, as the Commission stated there�

in whenever a news exemption is sought for an indepen�

de,ntly produced program, individual "licensees mu?t still

make a determination to air individual programs m the

exercise of their bona fide news judgment." Id. at 4685.

5. Based on the information contained in CRN"s request,

it appears that "Capitol Ideas" is a bona fide news inter�

view program, and is, therefore, exempt from equal op�

portunities under Section 315(a)(2). "Capitol Ideas" has

been regularly scheduled for three years. In addition, C~N

represents that it retains control over the program's topics

through the moderator's participation. For instance,

Willoughby, employing his news judgm.ent,. intervene~ in

the discussion when he believes such act10n 1s appropnate.

Moreover, according to CRN, the spontaneous nature of

the program precludes the Governor from having ~ny con�

trol over the questions which are asked or the subjects that

are addressed. Furthermore, it appears that the topics are

selected based upon the caller's interests and concerns,

rather than any particular agenda of the Governor.

6. The factual situation presented in CRN's request ap�

pears similar to a news interview exemption p:eviously

granted by the Commission in Hon. Michael V. D1Salle, 40

FCC 348 ( 1962). Therein, the Commission found a regu�

larly scheduled broadcast program in which a Governor

answered questions in his office posed by newspersons

from participating stations to be exempt f:om

Sectionh)315(a)

he factual situation presented in CRN's request ap�

pears similar to a news interview exemption p:eviously

granted by the Commission in Hon. Michael V. D1Salle, 40

FCC 348 ( 1962). Therein, the Commission found a regu�

larly scheduled broadcast program in which a Governor

answered questions in his office posed by newspersons

from participating stations to be exempt f:om

Sectionh)315(a). The Commission noted that the questions

were not prescreened, nor were the answers edited, and

determined that the program did not appear to be designed

to further the Governor's candidacy.

7. In view of the foregoing considerations and based on

the information before the Commission. we believe to the

extent that CRN regularly schedules and produces for

broadcast bona fide news interviews on "Capitol Ideas," the

program is exempt from the equal opportunities pro~ision

of Section 315(a) of the Communications Act. Accordmgly,

CRN's request IS GRANTED.

8. Staff action is taken pursuant to delegated authority.

11 FCC Red No. 9 Federal Communications Commission Record

FEDERAL COMMUNICATIONS COMMISSION

Norman Goldstein

Chief, Complaints and

Political Programming Branch

Enforcement Division

Mass Media Bureau

4675

DA 96-573