47 U.S.C. § 508

Disclosure of payments to individuals connected with broadcasts

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(a) Payments to station employees

Subject to subsection (d), any employee of a radio station who accepts or agrees to accept from any person (other than such station), or any person (other than such station) who pays or agrees to pay such employee, any money, service or other valuable consideration for the broadcast of any matter over such station shall, in advance of such broadcast, disclose the fact of such acceptance or agreement to such station.

(b) Production or preparation of programs

Subject to subsection (d), any person who, in connection with the production or preparation of any program or program matter which is intended for broadcasting over any radio station, accepts or agrees to accept, or pays or agrees to pay, any money, service or other valuable consideration for the inclusion of any matter as a part of such program or program matter, shall, in advance of such broadcast, disclose the fact of such acceptance or payment or agreement to the payee’s employer, or to the person for whom such program or program matter is being produced, or to the licensee of such station over which such program is broadcast.

Subject to subsection (d), any person who supplies to any other person any program or program matter which is intended for broadcasting over any radio station shall, in advance of such broadcast, disclose to such other person any information of which he has knowledge, or which has been disclosed to him, as to any money, service or other valuable consideration which any person has paid or accepted, or has agreed to pay or accept, for the inclusion of any matter as a part of such program or program matter.

(d) Waiver of announcements under section 317(d)

The provisions of this section requiring the disclosure of information shall not apply in any case where, because of a waiver made by the Commission under section 317(d) of this title, an announcement is not required to be made under section 317 of this title.

(e) Announcement under section 317 as sufficient disclosure

The inclusion in the program of the announcement required by section 317 of this title shall constitute the disclosure required by this section.

(f) “Service or other valuable consideration” defined

The term “service or other valuable consideration” as used in this section shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast, or for use on a program which is intended for broadcasting over any radio station, unless it is so furnished in consideration for an identification in such broadcast or in such program of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property in such broadcast or such program.

(g) Penalties

Any person who violates any provision of this section shall, for each such violation, be fined not more than $10,000 or imprisoned not more than one year, or both.

(June 19, 1934, ch. 652, title V, § 507, formerly § 508, as added Pub. L. 86–752, § 8(b), Sept. 13, 1960, 74 Stat. 896; renumbered § 507, Pub. L. 96–507, § 1, Dec. 8, 1980, 94 Stat. 2747.)Editorial NotesPrior Provisions

A prior section 507 of act June 19, 1934, ch. 652, was renumbered section 506 by section 1 of Pub. L. 96–507, and is classified to section 507 of this title.

Notes of Decisions

Cited in 8 cases, 1971–2016 · leading case: United States v. Frankie Crocker, 568 F.2d 1049 (3rd Cir. 1977).

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United States v. Frankie Crocker, 568 F.2d 1049 (3rd Cir. 1977). · cites it 8× “§ 371 , and the Communications Act, 47 U.S.C. § 508 . Crocker was at the time the program director and a featured disc jockey of radio station WBLSFM in New York City.”

Nobody in Particular Presents, Inc. v. Clear Channel Commc'ns, Inc., 311 F. Supp. 2d 1048 (D. Colo. 2004). “47 U.S.C.A. § 508 (West 2001 & Supp.2003).”

Susan M. Bechtel v. Fed. Commc'ns Comm'n, Anchor Broad. Ltd. P'ship Galaxy Commc'ns, Inc., Intervenors, 10 F.3d 875 (D.C. Cir. 1993). “§ 1464 , or for a station employee to accept money for broadcasting anything without first disclosing the payment to the station, 47 U.S.C. § 508 . More broadly, willful and knowing commission of any act prohibited by the chapter of the Communications Act dealing with "radio…”

Columbia Broad. Sys., Inc. v. Stokely-Van Camp, Inc., 522 F.2d 369 (2d Cir. 1975). “) The agency and advertiser under the network agreement (K 19) are required to conform to requirements of § 508 of the Federal Communications Act, 47 U.S.C. § 508 , and also to make certain warranties and representations.”

Guitar v. Westinghouse Elec. Corp., 396 F. Supp. 1042 (S.D.N.Y. 1975). “…shall, for each such violation, be fined not more than $10,000 or imprisoned not more than one year, or both.” 47 U.S.C. § 508 .”

United States v. Hipolito Vega, 447 F.2d 698 (2d Cir. 1971). “MOORE, Circuit Judge: The defendant Hipólito Vega appeals from a judgment of conviction, entered after a jury trial, for violation of 47 U.S.C. § 508 (a) — unlawfully accepting money for the broadcasting of records over radio station WBNX without disclosing this fact to the…”

United States v. Hodson Broad., 666 F. App'x 624 (9th Cir. 2016). “And although the Communications Act requires that each notice of apparent liability identify the legal command the defendant violated, 47 U.S.C. § 508 (b)(4), “technical flaws in a notice can be cured if the actual conduct of the administrative proceedings provides notice to the…”

United States v. Howard Goodman, 945 F.2d 125 (6th Cir. 1991). · cites it 4× “§ 1952 , and the “payola” statute, 47 U.S.C. § 508 . I. Radio and Records (“R & R”) is a weekly newspaper for the music and radio industry that publishes charts of music played by radio stations across the country.”

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