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Bush Administration
Did President Bush Violate FCC Laws? by Larry S. Rolirad President Bush, his Administration, and Right-Wing media commentator Armstrong Williams have all apparently violated three Federal Communications Commission laws, specifically in Sections 317, 507 and 508 of the Communications Act. These laws were apparently violated when President Bush and his administration gave $240,000 to Armstrong Williams to tout the "No Child Left Behind" law. This is part of a total of $1million given by the Administration to Right-wing groups and individuals to promote the "No Child Left Behind" law. Matter of Disclosure Armstrong Williams by his own televised admission failed to disclose that he was paid by the Bush administration to promote the "No Child Left Behind" law. His failure is a direct violation of both of the following FCC laws: (See http://www.fcc.gov/eb/broadcast/sponsid.html) "Section 317 of the Communications Act, as amended, 47 U.S.C. § 317 requires broadcasters to disclose that matter has been broadcast in exchange for money, service or other valuable consideration. The announcement must be made when the subject matter is broadcast. The Commission has adopted a rule, 47 C.F.R. § 73.1212, which sets forth the broadcasters' responsibilities for sponsorship identification." "Section 507 of the Communications Act, as amended, 47 U.S.C. § 508 requires that when anyone pays someone to include program matter in a broadcast, the fact of payment must be disclosed in advance of the broadcast to the station over which the mater is to be carried. Both the person making the payment and the recipient are obligated to disclose the payment so that the station may make the sponsorship identification announcement required by Section 317 of the Act. Failure to disclose such payments is commonly referred to as ""payola"'' and is punishable by a fine of not more than $10,000 or imprisonment for not more than one year or both. These criminal penalties bring violations within the purview of the Department of Justice." According the Sections 317, 507, and 508 of the Communications Act, both President Bush and Armstrong Williams are subject to a fine of not more than $10,000 and up to a year in prison, or both. Since, it is blatantly obvious that President Bush, members of the Bush administration, and Armstrong Williams willfully violated all three Sections of the Communications Act they should be subject to the full year in prison, and nothing less. What is the difference between the illegal "payola" of the fifties and sixties and the funneling of taxpayer's money to a right-wing radio jock Armstrong Williams to have him be an instrument of GOP propaganda? There is none. FCC ban on Payola The same FCC laws which originated in the 1950s to combat the illegal practice called ""payola"" should be applied to President Bush and everyone in his administration who participated in the crime. "Payola" was a common practice in the fifties and sixties when music corporations paid disc jockeys large amounts of money to give airtime to songs they wanted to promote. This practice was deemed by Congress to be illegal and they passed laws prohibiting ""payola"" through stronger FCC laws. Because of his illegal acts, Alan Freed was arrested and pled guilty to accepting payments. He was blacklisted from broadcasting and died broke and bitter in 1965. Disc jockeys across America took thousands of dollars in "payola" in exchange for airtime. Airplay decisions were based not on whether a record was any good but on the large amounts of cash that came with it. Even if you accept the idea that it's OK for radio stations to sell spots on their play-lists, keeping the public in the dark about the practice was deceptive. In 1960, as a result of hearings, Congress amended the Federal Communications Act, specifically sections 317 and 507, to outlaw under-the-table payments and require broadcasters to disclose if airplay for a song has been purchased. The FCC takes this seriously; in 2000, it fined a Texas radio station $4,000 for accepting money for playing a Bryan Adams song without telling anyone (although you can understand why Bryan Adams's promoters would be driven to "payola"). Republican Party Okays Probe led by Democrats The Republican Party, which tried to have Clinton impeached, and who run the Congress, is caught in a tight spot. With it’s leadership clearly at fault, reporters blasting Armstrong and the White House alike, it has no choice but to join the Democrats in Congress for a probe. USA Today reported on Jan. 8th, 2005, that Rep. George Miller of California, top Democrat on the House education committee, has asked for an inspector general investigation to see if the deal was legal and ethical. The Republican chairman of the committee, Rep. John Boehner of Ohio, has supported the request. Miller and other Democrats, including Senators Kennedy, also wrote Bush to call for an end to what they termed "covert propaganda" and to recover the pay, the article reports. (See http://www.usatoday.com/news/) On Jan. 7th 2005, the Education Department, led by outgoing Secretary of Education, Rod Paige, defended its decision as a "permissible use of taxpayer funds under legal government contracting procedures. Action Alert! This is a call to all citizens to report President Bush and Armstrong Williams for possible violations of FCC laws. Send your complaints to the following Federal Communications Commission and the Department of Justice e-mail addresses. Sample letters are attached for you to send. To Report Violations to the Dear FCC Representative: U.S. Department of Justice About the Author(s): |
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