NAB Case Analysis & Practical Application 2 — Questions and Answers
Question 1: A radio station's morning show host makes an on-air comment implying a local restaurant knowingly serves contaminated food without evidence. The restaurant owner demands a retraction. What is the station's most appropriate immediate response?
- Refuse retraction since it was the host's personal opinion
- Broadcast a clear on-air correction and retraction promptly (Correct answer)
- Wait for legal counsel before taking any action
- Offer the restaurant owner equal airtime without retracting
Correct answer: Broadcast a clear on-air correction and retraction promptly
Broadcasting a prompt, clear retraction minimizes defamation liability and demonstrates good-faith journalistic responsibility.
Question 2: A TV station's chief engineer discovers the transmitter is operating at 112% of its licensed power output. Under FCC rules, what is the required immediate action?
- Continue operating and file an amendment at license renewal
- Reduce power to authorized levels immediately and document the deviation (Correct answer)
- Notify the FCC within 24 hours but continue at current power
- Seek a Special Temporary Authority before reducing power
Correct answer: Reduce power to authorized levels immediately and document the deviation
Stations must operate within licensed parameters; the engineer must reduce power immediately and document the incident per FCC technical rules.
Question 3: During a sweeps period, a news director proposes fabricating viewer testimonials to boost ratings. A reporter objects citing the FCC's news distortion policy. Who is correct?
- The news director, since sweeps content is considered promotional
- The reporter, because fabricating testimonials violates FCC news distortion rules (Correct answer)
- Neither, because the FCC does not regulate news content directly
- The news director, since ratings decisions are purely editorial
Correct answer: The reporter, because fabricating testimonials violates FCC news distortion rules
The FCC's news distortion policy prohibits intentional falsification of news, and fabricating testimonials constitutes prohibited distortion.
Question 4: A broadcaster receives a subpoena for raw news footage from a protest that police believe shows criminal activity. The footage was never broadcast. What legal protection may apply?
- The First Amendment absolutely bars any subpoena for news materials
- Shield laws in applicable jurisdictions may protect unpublished newsgathering materials (Correct answer)
- Only broadcast material is protected; unaired footage has no legal protection
- The station must comply immediately since it is a law enforcement request
Correct answer: Shield laws in applicable jurisdictions may protect unpublished newsgathering materials
Many states have shield laws protecting journalists' unpublished materials, though the scope varies by jurisdiction and case circumstances.
Question 5: A cable operator wants to drop a local broadcast station from its lineup to add a cable-only channel. What FCC rule governs this situation?
- The Fairness Doctrine requires balancing local and cable content
- Must-carry rules require cable systems to carry local broadcast signals upon the station's request (Correct answer)
- The cable operator has absolute discretion over its channel lineup
- The station must negotiate a retransmission consent agreement first regardless
Correct answer: Must-carry rules require cable systems to carry local broadcast signals upon the station's request
FCC must-carry rules require cable systems to carry the signals of local commercial and non-commercial TV stations that elect must-carry status.
Question 6: A station manager learns that a competing station is simulcasting the same programming format. What competitive strategy is permissible under FCC rules?
- Filing a petition to deny the competitor's license renewal based on format duplication
- Adjusting programming, marketing, and sales strategy without FCC intervention (Correct answer)
- Requesting the FCC mandate format diversity in the market
- Filing an interference complaint to force the competitor off the air
Correct answer: Adjusting programming, marketing, and sales strategy without FCC intervention
The FCC does not regulate format competition; stations must compete through programming, marketing, and audience strategy within normal business practices.
Question 7: A broadcaster airs a program sponsored by a pharmaceutical company without disclosing the sponsorship. Under FCC payola rules, who bears responsibility?
- Only the program producer who accepted payment
- Both the station and the individual employees involved may be held liable (Correct answer)
- Only the pharmaceutical company for not requiring disclosure
- The FCC only penalizes undisclosed sponsorship in news programming
Correct answer: Both the station and the individual employees involved may be held liable
FCC payola rules impose responsibility on both the station (for ensuring disclosure) and employees who accepted undisclosed payment for airing content.
NAB Case Analysis & Practical Application 2
A radio station's morning show host makes an on-air comment implying a local restaurant knowingly serves contaminated food without evidence.
The restaurant owner demands a retraction.
What is the station's most appropriate immediate response?