Attorney Jack Goodman, who was at one time, general counsel for the NAB, says there are several reasons why political advertisers, broadcasters and the FCC should worry about the $540,000 fine recently handed down by the FCC on Cumulus. Goodman writes, in a letter on TVNewscheck, that for one the enormous amount is troubling. “The consent decree cites no evidence that any member of the public was deceived. The incident occurred on only one radio station. And while the ad was aired 178 times, once a station has agreed to accept an issue ad, it rarely reviews the ad copy again unless someone complains.”
Goodman says there is an even larger concern about the FCC’s apparent new enforcement stance. “When the Supreme Court rejected what lawyers call a “facial challenge” to the expanded issue ad rules imposed by Congress in 2002, it acknowledged that a rule imposing disproportionate burdens on stations would violate the First Amendment. But it left the rules in place because “the regulatory burden, in practice will depend on how the FCC interprets and applies” the provisions. It noted that the FCC “has often ameliorated regulatory burdens by interpretation in the past, and there is no reason to believe it will not do so here.” And it reminded the FCC that parties remain free to challenge the rules as the FCC applies them.”
Goodman goes on to say that the Cumulus consent decree, if it signals a new policy, would do exactly what the court found the FCC has avoided in its administration of the political broadcasting rules. “It would impose huge penalties on stations for a single error of judgment. Other parties have filed complaints urging the FCC to sanction stations for failing to require advertisers to disclose information that, under the complainants’ view of the rules, should be required.”
Read Goodman’s entire editorial HERE
If anything, it’s great that the government and other regulatory agencies are paying attention to Cumulus. They continue to put stockholders first, well sort of, stock is under 30 cents! Most importantly they constantly fail their employees, clients and audience. Mrs. Berner has really done nothing to make any significant culture effect within Cumulus. Mike McVay is a broadcasting thug, dressed up in a suit. He has zero impact on the company as everyone is keen on his massive BS factor. He finds it irresistible to be truthful among his employees. Also not sure how his agent, Heather Cohen, gets her clients’ first crack at potential jobs. SUCH A CONFLICT! Keep fining Cumulus, they’ll keep deserving it!