If Program is Pre-recorded, You May Need to Include a Notice

One of the lesser known FCC regulations concerns the broadcasting of pre-recorded programs that have the appearance of being a live broadcast. Section 73.1208 of the FCC’s rules requires broadcast stations to disclose to their audience that program material is prerecorded when “time is of special significance, or . . . [when] an affirmative attempt is made to create the impression that [the program material] is occurring simultaneously with the broadcast.”

This rule is still being enforced.  Last month the FCC fined a station $50 thousand for violating the rule.  So make sure you provide appropriate notice when you are broadcasting material that was pre-recorded but gives the appearance of being live.  This is especially important if you are re-broadcasting programming that was originally broadcast live.

For more information from noted Communications Attorney David Oxenford, click HERE.


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