U.S. Code » Title 47 » Chapter CHAPTER 5— WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER III— SPECIAL PROVISIONS RELATING TO RADIO › Part Part IV— Assistance for Planning and Construction of Public Telecommunications Facilities; Telecommunications Demonstrations; Corporation for Public Broadcasting; General Provisions › Subpart subpart e— general provisions

47 U.S.C. § 399b

Offering of certain services, facilities, or products by public broadcast station

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(a) “Advertisement” definedFor purposes of this section, the term “advertisement” means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended—(1) to promote any service, facility, or product offered by any person who is engaged in such offering for profit;(2) to express the views of any person with respect to any matter of public importance or interest; or(3) to support or oppose any candidate for political office.(b) Offering of services, facilities, or products permitted; advertisements prohibited(1) Except as provided in paragraph (2), each public broadcast station shall be authorized to engage in the offering of services, facilities, or products in exchange for remuneration.(2) No public broadcast station may make its facilities available to any person for the broadcasting of any advertisement.(c) Use of funds from offering services, etc.

Any public broadcast station which engages in any offering specified in subsection (b)(1) may not use any funds distributed by the Corporation under section 396(k) of this title to defray any costs associated with such offering. Any such offering by a public broadcast station shall not interfere with the provision of public telecommunications services by such station.

(d) Development of accounting system

Each public broadcast station which engages in the activity specified in subsection (b)(1) shall, in consultation with the Corporation, develop an accounting system which is designed to identify any amounts received as remuneration for, or costs related to, such activities under this section, and to account for such amounts separately from any other amounts received by such station from any source.

(June 19, 1934, ch. 652, title III, § 399B, as added Pub. L. 97–35, title XII, § 1231, Aug. 13, 1981, 95 Stat. 731.)
Notes of Decisions
Cited in 8 cases, 2000–2013 · leading case: Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 676 F.3d 869 (9th Cir. 2012).
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Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 676 F.3d 869 (9th Cir. 2012). · cites it 16× “OPINION BEA, Circuit Judge: A federal statute, 47 U.S.C. § 399b prohibits public broadcast radio and television stations [1] from transmitting over the public airways: 1) advertisements for goods and services on behalf of for-profit entities, 2) advertisements regarding issues…”
Minority Television Proj. Inc. v. Fed. Commc'ns Comm'n, 649 F. Supp. 2d 1025 (N.D. Cal. 2009). · cites it 11× “As the operator of KMTP-TV, Plaintiff is subject to the restrictions on broadcasting announcements acknowledging donors and the prohibition against certain paid promotional announcements set forth in 47 U.S.C. § 399b and 47 C.F.R. § 73.621 (e).”
Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 736 F.3d 1192 (9th Cir. 2013). · cites it 7× “FCC Opinion by Judge McKeown; Partial Concurrence and Partial Dissent by Judge Callahan; Dissent by Chief Judge Kozinski SUMMARY* Public Television The en banc court affirmed the district court’s summary judgment in favor of the government in an action brought by a public…”
KERM, Inc. v. Fed. Commc'ns Comm'n, 353 F.3d 57 (D.C. Cir. 2004). · cites it 2× “47 U.S.C. § 399b(a). So long as they do not constitute advertisements, however, a noncommercial educational broadcast station may broadcast acknowledgments of donors or underwriters.”
Off. of Commc'n, Inc. of the United Church of Christ v. Fed. Commc'ns Comm'n, 327 F.3d 1222 (D.C. Cir. 2003). · cites it 2× “The UCC contends that the 2001 Order is contrary to both the plain language of § 399b of the Communications Act, 47 U.S.C. § 399b, and Commission precedent.”
Knights of the Ku Klux Klan v. Curators of the Univ. of Missouri, 203 F.3d 1085 (8th Cir. 2000). “Although federal law forbids noncommercial educational FM broadcasters like KWMU from broadcasting “advertisements,” see 47 U.S.C. § 399b; 47 C.F.R. § 73.503 (d), public broadcasters are permitted to “enhance” or expand the scope of donor or underwriter acknowledgments by…”
Minority Television Proj., I v. FCC (9th Cir. 2013). · cites it 4× “FCC Opinion by Judge McKeown; Partial Concurrence and Partial Dissent by Judge Callahan; Dissent by Chief Judge Kozinski SUMMARY* Public Television The en banc court affirmed the district court’s summary judgment in favor of the government in an action brought by a public…”
Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 475 F. App'x 671 (9th Cir. 2012). “MEMORANDUM * Petitioner Minority Television Project (“Minority”) appeals the district court’s dismissal of its as-applied First Amendment challenges to 47 U.S.C. § 399b, as well as its First Amendment challenges to 47 C.”
— 47 U.S.C. § 399b(a) — 4 cases
KERM, Inc. v. Fed. Commc'ns Comm'n, 353 F.3d 57 (D.C. Cir. 2004). “47 U.S.C. § 399b(a). So long as they do not constitute advertisements, however, a noncommercial educational broadcast station may broadcast acknowledgments of donors or underwriters.”
Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 676 F.3d 869 (9th Cir. 2012). “OPINION BEA, Circuit Judge: A federal statute, 47 U.S.C. § 399b prohibits public broadcast radio and television stations [1] from transmitting over the public airways: 1) advertisements for goods and services on behalf of for-profit entities, 2) advertisements regarding issues…”
Minority Television Proj. Inc. v. Fed. Commc'ns Comm'n, 649 F. Supp. 2d 1025 (N.D. Cal. 2009). “As the operator of KMTP-TV, Plaintiff is subject to the restrictions on broadcasting announcements acknowledging donors and the prohibition against certain paid promotional announcements set forth in 47 U.S.C. § 399b and 47 C.F.R. § 73.621 (e).”
Off. of Commc'n, Inc. of the United Church of Christ v. Fed. Commc'ns Comm'n, 327 F.3d 1222 (D.C. Cir. 2003). “The UCC contends that the 2001 Order is contrary to both the plain language of § 399b of the Communications Act, 47 U.S.C. § 399b, and Commission precedent.”
— 47 U.S.C. § 399b(a)(1) — 1 case
Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 676 F.3d 869 (9th Cir. 2012). “OPINION BEA, Circuit Judge: A federal statute, 47 U.S.C. § 399b prohibits public broadcast radio and television stations [1] from transmitting over the public airways: 1) advertisements for goods and services on behalf of for-profit entities, 2) advertisements regarding issues…”
— 47 U.S.C. § 399b(a)(2) — 1 case
Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 676 F.3d 869 (9th Cir. 2012). “OPINION BEA, Circuit Judge: A federal statute, 47 U.S.C. § 399b prohibits public broadcast radio and television stations [1] from transmitting over the public airways: 1) advertisements for goods and services on behalf of for-profit entities, 2) advertisements regarding issues…”
— 47 U.S.C. § 399b(a)(l) — 2 cases
Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 676 F.3d 869 (9th Cir. 2012). “OPINION BEA, Circuit Judge: A federal statute, 47 U.S.C. § 399b prohibits public broadcast radio and television stations [1] from transmitting over the public airways: 1) advertisements for goods and services on behalf of for-profit entities, 2) advertisements regarding issues…”
Minority Television Proj. Inc. v. Fed. Commc'ns Comm'n, 649 F. Supp. 2d 1025 (N.D. Cal. 2009). “As the operator of KMTP-TV, Plaintiff is subject to the restrictions on broadcasting announcements acknowledging donors and the prohibition against certain paid promotional announcements set forth in 47 U.S.C. § 399b and 47 C.F.R. § 73.621 (e).”
— 47 U.S.C. § 399b(b)(2) — 2 cases
KERM, Inc. v. Fed. Commc'ns Comm'n, 353 F.3d 57 (D.C. Cir. 2004). “47 U.S.C. § 399b(a). So long as they do not constitute advertisements, however, a noncommercial educational broadcast station may broadcast acknowledgments of donors or underwriters.”
Minority Television Proj. Inc. v. Fed. Commc'ns Comm'n, 649 F. Supp. 2d 1025 (N.D. Cal. 2009). “As the operator of KMTP-TV, Plaintiff is subject to the restrictions on broadcasting announcements acknowledging donors and the prohibition against certain paid promotional announcements set forth in 47 U.S.C. § 399b and 47 C.F.R. § 73.621 (e).”
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