The FCC has issued a notice on how to determine lowest unit charge for political advertising during the COVED-19 pandemic.

Under the Communications Act of 1934, as amended, broadcast licensees must charge legally qualified candidates who use their facilities in connection with their campaigns no more than the lowest unit charge for the same class and time during the same period.1 The lowest unit charge requirement is applicable during the 45 days preceding a primary or primary runoff election, and during the 60 days preceding a general or special election.

The National Association of Broadcasters and a number of broadcast station group owners have informed the Commission staff that, because of current financial difficulties arising from the coronavirus (COVID-19) pandemic, many commercial customers are cancelling their advertising contracts with broadcast radio and television stations, in whole or significant part. To fill excess inventory and build goodwill, broadcasters are seeking to air free advertisements for merchants. They have asked for guidance on whether such free advertisements must be included in the calculation of the lowest unit charge.

Given the current circumstances, the public interest dictates that broadcasters and other regulatees that are subject to Section 315(b) may exclude the free time that they provide to commercial advertisers when calculating their lowest unit charges, provided the free time is not associated with an existing commercial contract for paid time or otherwise considered bonus spots. We do not believe that broadcasters should be discouraged at this time from airing free advertisements because of the impact that doing so could have on the calculation of their lowest unit changes. This guidance is also intended to assist broadcasters in understanding their obligation in calculating lowest unit charge under the current prevailing market conditions and is consistent with our interpretation of the lowest unit charge provisions in Section 315(b) of the Act.3 Because the pandemic is a rapidly evolving situation and information and market conditions are changing quickly, we anticipate that this guidance is applicable only to the current period and not necessarily applicable when more ordinary conditions are restored.

For further information, please contact Robert Baker, Media Bureau, at (202) 418-1417, Gary Schonman, Media Bureau, at (202) 418-1795, or Sima Nilsson, Media Bureau, at (202) 418-2708.

Deletions

After sending a letter last month seeking clarification that KSKD Inc.’s 95.9 KSKD Livingston CA may have been operating from an unauthorized site since August 2017, the station has turned in its license. In the FCC’s letter it was noted that an STA was granted in January 2017 to allow KSKD to operate from a temporary location after its former tower was demolished. However, no follow-up STA filing was made until October 2019 when the station went silent stating it was planning a move to Dos Palos. The station applied for that facility and COL change in January, which was granted last month.

After noting that the station has been off the air since April 2018, the FCC has deleted the license of Dabney-Adamson Broadcasting’s 1550 WDAB Travelers Rest/Greenville SC.

FM Changes

Educational Radio Foundation of East Texas’ Silent 95.3 KFRO-FM Gilmer/Longview TX applies to relocate to a new location with 9.5kW/161m.

Boll Weevil Communications’ Classic Country “Weevil 101.1” WVVL Elba AL applies to increase power to 1.4kW/208.8m from its current facility where it currently operates with 640 watts.

Anderson Radio Broadcasting’s 99.3 KQEZ St. Regis/Missoula MT applies to slightly increase power and drop antenna height from 14.5kW horizontal/277m to 14.6kW horizontal/250m.

AM Changes

Santa Barbara Broadcasting News/Talk 1290 KZSB Santa Barbara CA applies to reduce their tower height and drop night power from 122 watts to 114 watts. KZSB will remain at 500 watts daytime.

Translator Changes

Call Letter Changes

96.7 WVGC Westminster SC -> WJNA
920 KBAD Las Vegas NV -> KRLV
1340 KRLV Las Vegas NV -> KKGK