U.S. Code » Title 47 » Chapter CHAPTER 5— WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER III— SPECIAL PROVISIONS RELATING TO RADIO › Part Part I— General Provisions

47 U.S.C. § 317

Announcement of payment for broadcast

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(a) Disclosure of person furnishing(1) All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person: Provided, That “service or other valuable consideration” shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast.(2) Nothing in this section shall preclude the Commission from requiring that an appropriate announcement shall be made at the time of the broadcast in the case of any political program or any program involving the discussion of any controversial issue for which any films, records, transcriptions, talent, scripts, or other material or service of any kind have been furnished, without charge or at a nominal charge, directly or indirectly, as an inducement to the broadcast of such program.(b) Disclosure to station of payments

In any case where a report has been made to a radio station, as required by section 508 of this title, of circumstances which would have required an announcement under this section had the consideration been received by such radio station, an appropriate announcement shall be made by such radio station.

(c) Acquiring information from station employees

The licensee of each radio station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any program or program matter for broadcast, information to enable such licensee to make the announcement required by this section.

(d) Waiver of announcement

The Commission may waive the requirement of an announcement as provided in this section in any case or class of cases with respect to which it determines that the public interest, convenience, or necessity does not require the broadcasting of such announcement.

(e) Rules and regulations

The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

(June 19, 1934, ch. 652, title III, § 317, 48 Stat. 1089; Pub. L. 86–752, § 8(a), Sept. 13, 1960, 74 Stat. 895; Pub. L. 96–507, § 2(a), Dec. 8, 1980, 94 Stat. 2747.)Editorial NotesAmendments

1980—Subsec. (b). Pub. L. 96–507 conformed the reference to section 508 of this title to reflect the renumbering of that section by Pub. L. 96–507.

1960—Pub. L. 86–752 designated existing provisions as subsec. (a), inserting proviso clause, and added subsecs. (b) to (e).

Notes of Decisions
Cited in 23 cases (2 in the last 5 years), 1955–2025 · leading case: Nat'l Ass'n for Better Broad. v. Fed. Commc'ns Comm'n, Kcop Television, Inc., Intervenor, 830 F.2d 270 (D.C. Cir. 1987).
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Nat'l Ass'n for Better Broad. v. Fed. Commc'ns Comm'n, Kcop Television, Inc., Intervenor, 830 F.2d 270 (D.C. Cir. 1987). · cites it 6× “1064 , 1089 (codified as amended at 47 U.S.C. § 317 (1982)) [hereinafter cited as codified].”
Communist Party of United States v. Subversive Activities Control Bd., 367 U.S. 1 (1961). · cites it 2× “1089 , 47 U. S. C. § 317 (requiring, in the case of all matter broadcast by radio for which a valuable consideration is paid by any person, an announcement that the matter has been paid for by such person).”
Paul Loveday & Californians for Smoking & No Smoking Sections v. Fed. Commc'ns Comm'n & United States of Am., 707 F.2d 1443 (D.C. Cir. 1983). · cites it 4× “BORK, Circuit Judge: The Communications Act of 1934, 47 U.S.C. § 317 (1976 & Supp. V 1981), and the regulations of the Federal Communications Commission, 47 C.”
Head v. New Mexico Bd. of Examiners in Optometry, 374 U.S. 424 (1963). · cites it 2× “, the manner in which sponsorship must be identified and announced, 47 U. S. C. § 317 ; the uttering of any "obscene, indecent, or profane language" over the air, 18 U.”
Wells v. City & Cnty. of Denver, 257 F.3d 1132 (10th Cir. 2001). “at 1088 (citing 47 U.S.C. § 317 (a)(1)). To encourage contributions, KWMU operated an “enhanced underwriting” program, pursuant to which acknowledgments could include a limited amount of additional information about the underwriter.”
Communist Party of the United States of Am. v. Subversive Activities Control Bd., 223 F.2d 531 (D.C. Cir. 1955). · cites it 2× “1089 (1934), 47 U.S.C.A. § 317 . See Trinity Methodist Church, South v.”
Guitar v. Westinghouse Elec. Corp., 396 F. Supp. 1042 (S.D.N.Y. 1975). · cites it 2× “For reasons stated herein, the motions for summary judgment are granted. The sections of the Act concern certain disclosure and announcement requirements which a radio station has to make when payments are received for the broadcast of any matter over the station; penalty and…”
Nat'l Ass'n of Broadcasters v. FCC, 39 F.4th 817 (D.C. Cir. 2022). · cites it 5× “47 U.S.C. § 317 (a)(1). To ensure that the broadcaster can make that identification, § 317(c) imposes an additional duty: The licensee of each radio station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in…”
Flo & Eddie, Inc. v. Sirius XM Radio, Inc., 70 N.E.3d 936 (N.Y. 2016). ““Payola” refers to the practice of paying for or otherwise inducing the broadcast of a recording on a radio station without a concomitant announcement of the acceptance of consideration in exchange for that airplay (see 47 USC §§ 317 , 508). If “terrestrial” radio was not a…”
Huntley v. Pub. Utils. Comm'n, 442 P.2d 685 (Cal. 1968). “) Section 317 requires a broadcasting station to identify any person or organization which furnishes material concerning a political' program or program involving discussion of any controversial issue. The analogy is not persuasive.”
Noerr Motor Freight, Inc. v. E. R.R. Presidents Conf., 155 F. Supp. 768 (E.D. Pa. 1957). “In pursuing this plan the railroads, through Byoir, staged a television program broadcast in the name of the Association of Pennsylvania Township Supervisors over Station WGAL in Lancaster, Pennsylvania, which failed to disclose the railroad sponsorship, in violation of the…”
Kmla Broad. Corp. v. Twentieth Century Cigarette Vendors Corp., 264 F. Supp. 35 (C.D. Cal. 1967). “In short, the detailed and comprehensive regulations on these subjects applicable generally to broadcast stations under the regulations of the Commission and, in the case of sponsorship announcements, required by the Act itself ( 47 U.S.C. § 317 ) have been regarded by the…”
Show all 23 citing cases →
47 U.S.C. § 317(a)(1): 1 case
Nat'l Ass'n of Broadcasters v. FCC, 147 F.4th 978 (D.C. Cir. 2025).
47 U.S.C. § 317(c): 2 cases
United States Fed. Commc'ns Comm'n v. Summa Corp., 447 F. Supp. 923 (D. Nev. 1978).
Nat'l Ass'n of Broadcasters v. FCC, 147 F.4th 978 (D.C. Cir. 2025).
47 U.S.C. § 317(e): 1 case
Nat'l Ass'n of Broadcasters v. FCC, 147 F.4th 978 (D.C. Cir. 2025).
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