Yes, an LPFM/NCE station can generally mention a church raffle, but there are some considerations to keep in mind. When mentioning a church raffle or any other event on the air, the station should ensure that the announcement complies with FCC regulations and guidelines for non-commercial educational (NCE) stations, including those related to underwriting and promotional content.
Yes, an LPFM/NCE station can generally mention a church raffle, but there are some considerations to keep in mind. When mentioning a church raffle or any other event on the air, the station should ensure that the announcement complies with FCC regulations and guidelines for non-commercial educational (NCE) stations, including those related to underwriting and promotional content.
For NCE stations, underwriting announcements must avoid promoting specific goods, services, or businesses in exchange for consideration. Instead, they should provide factual information about the event without any promotional language. Additionally, underwriting announcements must be in compliance with the station’s mission and the educational nature of the NCE license.
For LPFM stations, the rules are similar in terms of avoiding commercial content, but LPFM stations may have some more flexibility in their underwriting announcements. However, the announcement should still maintain a non-promotional tone and align with the station’s non-commercial nature.
In the context of mentioning a church raffle, the announcement should focus on providing information about the event, such as the date, time, location, and purpose of the raffle, without sounding like a commercial advertisement.
It’s always a good idea to review FCC regulations and guidelines specific to your station type and consult with legal experts or station advisors to ensure that any on-air mentions, including those of events like church raffles, are in compliance with the applicable rules.
§73.1211 of the FCC Rules addresses regulations pertaining to lotteries, encompassing activities like raffles. This rule is guided by federal laws, and its provisions are as follows:
Under the FCC rules, this regulation applies to lotteries, gift enterprises, or similar undertakings that offer prizes dependent wholly or partly on chance and are linked to broadcasting any list of prizes drawn or awarded through such a scheme, whether the list includes all or part of these prizes.
While such activities are generally prohibited, there are specific circumstances under which they are allowed:
- Official state lotteries.
- Non-profit or governmental organizations conducting gaming.
- For-profit entities running promotional activities that are occasional and secondary to their primary business.
- Tribes conducting gaming under the Indian Gaming Regulatory Act.
The authorization for lotteries, raffles, and gift enterprises was established by Congress in the Charity Games Advertising Clarification Act of 1988.
Regarding NCE/LPFM stations:
- Not-for-profit entities holding a verified §501(c)(3) status can reasonably infer that these announcements are allowed. As these entities are exempt from the definition of a commercial in §399b of the Communications Act, these announcements might be permissible in exchange for compensation.
- For-profit entities serving as underwriters, mentioning a raffle could be considered an inducement to patronize their business and thus be prohibited. Additionally, the raffle might potentially breach state law, which both the FCC and federal law acknowledge. If no compensation is involved, We recommend refraining from airing such announcements, given that it might not be evident to listeners or competitors whether compensation was exchanged. This could lead to record-keeping demands and potential legal complications.
The legal ambiguity arises with not-for-profit entities recognized as non-profits by the state but lacking a federal §501 tax-exempt status under charity regulations, which might not be acknowledged by Title 18 of the Criminal Code.
To navigate this issue, LPFM/NCE stations can request any organization seeking to broadcast raffle information to provide their §501(c) certification letter from the IRS. The station should retain this letter in their records for at least 30 days beyond their next license renewal. If no §501(c) certification letter is available, stations are advised against broadcasting such information.
This material is solely based on our interpretation of the specific rule and law, without attorney review. It is provided for informational purposes only and should be used with caution. For legal advice, it’s recommended to consult a qualified attorney.