# DA-96-573: Capital Radio Networks (04/18/96): Capital Radio Networks > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/FCC_DA_96_573 ## Section - **Citation:** DA-96-573: Capital Radio Networks (04/18/96) - **Heading:** Capital Radio Networks - **Jurisdiction:** Federal - **Kind:** Rulings - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** FCC Declaratory Rulings / Capital Radio Networks ## Text 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 ## Nearby sections - [DA-00-1341: A&E Television Networks For Declaratory Ruling (06/20/00) A&E Television Networks For Declaratory Ruling](https://www.frixlaw.com/law-library/statutes/FCC_DA_00_1341.md) - [DA-01-2234: Request for Declaratory Ruling Removing the Commission's Minimum Carrier Tone Requirement for OFDM Modulation in the Multipoint Distribution and Instructional Television Fixed Services (09/26/01) Request for Declaratory Ruling Removing the Commission's Minimum Carrier Tone Requirement for OFDM Modulation in the Multipoint Distribution and Instructional Television Fixed Services](https://www.frixlaw.com/law-library/statutes/FCC_DA_01_2234.md) - [DA-01-2871: Multi-Association Group (MAG) Plan (12/11/01) Multi-Association Group (MAG) Plan](https://www.frixlaw.com/law-library/statutes/FCC_DA_01_2871.md) - [DA-02-765: NATIONAL ASSOCIATION OF BROADCASTERS AND ASSOCIATION OF LOCAL TELEVISION STATIONS' EMERGENCY PETITION FOR MODIFICATION OR CLARIFICATION OF BROADCAST CARRIAGE RULES FOR SATELLITE CARRIERS, 47 C.F.R. 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