Federal Communications Commission FCC 15-118
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Amendment of Section 73.1216 of the 
Commission’s Rules Related to Broadcast 
Licensee-Conducted Contests
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MB Docket No. 14-226
RM-11684
REPORT AND ORDER
Adopted:  September 17, 2015 Released:  September 17, 2015
By the Commission: Chairman Wheeler and Commissioners Clyburn, Pai and O’Rielly issuing separate 
statements.
I. INTRODUCTION
1. Our “Contest Rule,” Section 73.1216 of our rules, requires broadcast licensees to disclose 
on air the material terms of contests that they broadcast.
1
  In this Report and Order (“Order”), we update
that rule to permit broadcast licensees to comply with their obligation to disclose material contest terms 
either by broadcasting those terms or by making them available in writing on a publicly accessible 
Internet website.  In particular, we amend the Contest Rule to allow licensees to satisfy their disclosure 
obligation by posting material contest terms on the station’s website, the licensee’s website, or, if neither 
the individual station nor the licensee has its own website, any Internet website that is readily accessible
to the public. Commenters in this proceeding uniformly support updating the Contest Rule, which has 
remained unchanged since its adoption by the Commission almost forty years ago.
2. We also adopt, with some modifications, requirements proposed in the Notice of 
Proposed Rulemaking that define the disclosure obligation in cases where a licensee has chosen to meet 
its obligation through an Internet website.
2
Specifically, we revise the Contest Rule to specify that in such 
cases a licensee:  (i) must broadcast the relevant website address periodically with information sufficient 
for a consumer easily to find material contest terms online; (ii) must establish a link or tab to material 
contest terms on the website’s home page; (iii) must maintain contest terms online for a period of at least 
thirty days after the contest has ended; and (iv) must announce on air that the material terms of a contest 
have changed since the contest was first announced, where that is the case, and direct participants to the 
website to review the changes.  As discussed below, the announcements of any change in contest terms 
must be made within 24 hours of the change and periodically thereafter.  Finally, we require that licensees 
ensure that any material terms disclosed on a website conform in all substantive respects to those 
mentioned over the air.  
3. The actions we take in this Order to update the Contest Rule advance the public interest 
by affording broadcasters more flexibility in the manner of their compliance with Section 73.1216 while
giving consumers improved access to important contest information.  Through this Order, we take 
another step to modernize our rules to reflect how Americans access and consume information in the 21
st
century.
3
  At the same time, we affirm the core principles of the Contest Rule.  Regardless of the medium 
                                                     
1
47 C.F.R. § 73.1216.
2
See Amendment of Section 73.1216 of the Commission’s Rules Related to Broadcast Licensee-Conducted Contests, 
Notice of Proposed Rulemaking, 29 FCC Rcd 14185 (2014) (“NPRM”).  
3
See, e.g., Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest 
Obligations, Second Report and Order, 27 FCC Rcd 4535, 4540 ¶ 10 (2012) (concluding that “[t]he evolution of the 
(continued….)
Federal Communications Commission FCC 15-118
2
of disclosure, broadcasters must provide complete, accurate, and timely information about the contests 
they conduct, ensure that such information is not false, misleading, or deceptive, and conduct their 
contests substantially as announced or advertised.  
II. BACKGROUND
4. Radio and television broadcast stations often conduct contests as a means of 
entertainment, promoting station support, and deepening audience engagement.
4
  Almost forty years ago, 
in 1976, the Commission adopted the Contest Rule to address concerns about the way in which broadcast 
stations were conducting contests.
5
  That rule provides, in part:
A licensee that broadcasts or advertises information about a contest it conducts shall fully 
and accurately disclose the material terms of the contest, and shall conduct the contest 
substantially as announced or advertised.  No contest description shall be false, 
misleading or deceptive with respect to any material term.
6
  
The Contest Rule prescribes requirements governing the disclosure of contest terms:
[T]he time and manner of disclosure of the material terms of a contest are within the 
licensee’s discretion.  However, the obligation to disclose the material terms arises at the 
time the audience is first told how to enter or participate and continues thereafter.  The 
material terms should be disclosed periodically by announcements broadcast on the 
station conducting the contest, but need not be enumerated each time an announcement 
promoting the contest is broadcast.  Disclosure of material terms in a reasonable number 
(Continued from previous page)                                                            
Internet and the spread of broadband Internet access, has made it easy for stations to post material online and for 
many consumers to find information online,” and therefore it makes “plain common sense” to place broadcasters’ 
public files online to make them more accessible and to advance the goals of the public file requirement); Expansion 
of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees, 
Notice of Proposed Rulemaking, 29 FCC Rcd 15943 (2014) (proposing to expand to cable, satellite TV providers, 
broadcast radio licensees, and satellite radio licensees the requirement that public inspection files be posted to the 
Commission’s online database).
4
See NPRM, 29 FCC Rcd at 14185, ¶ 2, n.5.  
5
See Amendment of Part 73 of the Commission’s Rules Relating to Licensee-Conducted Contests, Report and Order, 
60 F.C.C.2d 1072 (1976).  See also Public Notice Concerning Failure of Broadcast Licensees to Conduct Contests 
Fairly, 45 F.C.C.2d 1056-57 (1974) (identifying contest practices that raise questions about a broadcast licensee’s 
responsibility to the public, such as: (1) disseminating false or misleading information regarding the amount or 
nature of prizes; (2) failing to control the contest to assure a fair opportunity for contestants to win the announced 
prizes; (3) urging participation in a contest, or urging persons to stay tuned to the station in order to win, at times 
when it is not possible to win prizes; (4) failing to award prizes, or failing to award them within a reasonable time; 
(5) failing to set forth fully and accurately the rules and conditions for contests; (6) changing the rules or conditions 
of a contest without advising the public or doing so promptly; and (7) using arbitrary or inconsistently applied 
standards in judging entries).
6
47 C.F.R. § 73.1216.  The Contest Rule defines “contest” as “a scheme in which a prize is offered or awarded, 
based upon chance, diligence, knowledge or skill, to members of the public.”  Id., Note 1(a).  In addition, the rule 
provides that:  
[m]aterial terms include those factors which define the operation of the contest and which affect 
participation therein.  Although the material terms may vary widely depending on the exact nature 
of the contest, they will generally include:  how to enter or participate; eligibility restrictions; entry 
deadline dates, whether prizes can be won; when prizes can be won; the extent, nature and value 
of prizes; basis for valuation of prizes; time and means of selection of winners; and/or tie-breaking 
procedures.    
Id., Note 1(b).
Federal Communications Commission FCC 15-118
3
of announcements is sufficient.  In addition to the required broadcast announcements, 
disclosure of the material terms may be made in a non-broadcast manner.
7
Although under the existing rule, a licensee may use non-broadcast methods to disclose material contest 
terms, it cannot substitute such methods for the required broadcast disclosure and be deemed compliant 
with the rule.
8
5. In January 2012, Entercom Communications Corp. (“Entercom” or “Petitioner”) filed an 
unopposed Petition for Rulemaking asking the Commission to update the disclosure requirements of
Section 73.1216.
9
  Petitioner principally sought an amendment to Section 73.1216 that would allow
broadcasters to satisfy their obligation to disclose material contest terms either through broadcast
announcements or by making such terms available in written form on an Internet website.
10
  In November 
2014, the Commission issued an NPRM seeking comment on a number of possible revisions to the 
Contest Rule.
11
  Commenters responding to the NPRM, largely broadcasters, support updating the Contest 
Rule but advocate some modifications to the Commission’s proposed revisions.
12
                                                     
7
Id., Note 2.  The Contest Rule does not apply to licensee-conducted contests that are not broadcast or advertised to 
the general public or to a substantial segment of the public, to contests in which the general public is not requested 
or permitted to participate, to the commercial advertisement of non-licensee-conducted contests, or to a contest 
conducted by a non-broadcast division of the licensee or by a non-broadcast company related to the licensee.  See 
id., Note 3.
8
Id., Note 2 (“The material terms should be disclosed periodically by announcements broadcast on the station 
conducting the contest. . . .  In addition to the required broadcast announcements, disclosure of the material terms 
may be made in a non-broadcast manner.”).  See also Good Karma Broad. LLC, 27 FCC Rcd 10938, 10941 n.32 
(EB 2012) (“Posting contest rules on a station’s website does not satisfy Section 73.1216’s requirement that a 
licensee broadcast the material terms of a contest it conducts.”); Clear Channel Communications, Inc., 27 FCC Rcd 
343, 346 ¶ 6 (EB 2012) (“While stations are free to provide contest information in other formats, including Internet 
postings, numerous Commission decisions have repeatedly made clear that ‘licensees cannot avail themselves of 
alternative non-broadcast announcements to satisfy the requirement that they accurately announce a contest’s 
material terms.’”).
9
See Petition for Rulemaking filed by Entercom Communications Corp., CGB Docket No. RM-11684 (filed Jan. 20, 
2012) (“Petition for Rulemaking”).  In November 2012, the Commission’s Consumer and Governmental Affairs 
Bureau (“CGB”) issued a Public Notice inviting comment on the Petition.  See Consumer and Governmental Affairs 
Bureau, Reference Information Center, Petition for Rulemaking Filed, Public Notice, Report No. 2969 (rel. Nov. 28, 
2012).  All of the parties responding to the Public Notice supported Petitioner’s request to commence a rulemaking 
proceeding to modernize the Contest Rule. 
10
See Petition for Rulemaking at 5.  Although Petitioner also proposed to require licensees to make contest terms 
available, on request, via email, facsimile, postal mail, or in person, we declined to seek comment on that proposal 
because we believe that permitting licensees to disclose contest terms through broadcast and Internet methods is 
adequate to ensure the availability of material contest information to the public.  
11
As noted, the Commission proposed to amend the Contest Rule by allowing licensees to comply with their 
obligation to disclose material contest terms either by broadcasting the material terms or by making those terms 
available in writing on a publicly accessible Internet website.  See NPRM at ¶¶ 1, 9.  In addition, the Commission 
sought comment on changes to the Contest Rule that would define the disclosure obligation in cases where a 
licensee has chosen to satisfy that obligation through an Internet website.  See, e.g., NPRM at ¶ 11 (seeking 
comment on how to ensure that material contest terms are easy for consumers to locate on a website); ¶ 12 (seeking 
comment on whether to require that any material terms announced on air not differ from material terms disclosed on 
a website); ¶ 13 (seeking comment on whether to require a licensee that chooses to satisfy its disclosure obligation 
via an Internet website to broadcast the complete, direct website address where the contest terms are posted each 
time the station mentions or advertises a contest).
12
See Appendix A for a list of commenters.
Federal Communications Commission FCC 15-118
4
III. DISCUSSION
A. Satisfying the Obligation to Disclose Material Contest Terms through an Internet 
Website
6. As advocated by all of the commenters, we amend the Contest Rule to allow broadcast 
licensees to meet their obligation to disclose material contest terms either by broadcasting the material 
terms or by making those terms available in written form on a readily accessible public Internet website.
13
  
We agree with parties who assert that, given the ubiquitous nature of the Internet and current consumer 
expectations about how to obtain information, broadcast disclosure of material contest terms no longer 
reflects the best means of conveying such information to the public in all cases.  For example, although 
on-air disclosure may be preferable in certain circumstances, e.g., simple contests and cases in which 
stations lack websites,
14
we believe that broadcasters should be given flexibility to meet their disclosure 
obligation either through broadcast announcements or the Internet, and we will defer to broadcasters’ 
discretion in selecting between those means of disclosure.  As explained below, we find that revising the 
Contest Rule to permit reliance on online disclosure will provide benefits to both consumers and 
broadcasters, and that such benefits outweigh any associated costs.  
7. Based on the record, we conclude that allowing broadcasters to meet their obligation to 
disclose material contest terms through the Internet in lieu of broadcasting the terms will benefit 
consumers by improving their access to important contest information, to the extent that our action results 
in greater use of online disclosure.  Because the current rule requires that licensees disclose material 
contest terms via broadcast announcements periodically, audience members interested in a contest may 
not hear or see contest disclosures if they are not tuned into the broadcast at the time the announcement is 
aired.
15
Moreover, even in cases where prospective contestants hear or see a contest disclosure, the length 
or complexity of contest terms or the speed at which licensees communicate those terms may render it 
difficult for many to comprehend or recall the information conveyed.
16
  For these reasons, we agree with 
parties who assert that broadcasters’ online posting of material terms will allow consumers to obtain “on 
demand” access to those terms and to review them at their convenience, thereby increasing the likelihood 
that contest terms will be understood and remembered.
17
  
                                                     
13
As proposed in the NPRM, broadcasters will remain permitted under the rule to meet their disclosure obligation 
through broadcast announcements alone.  See NPRM at ¶ 14.  In addition, we will continue to apply the Contest 
Rule, as amended, equally to radio and television licensees, a proposal that no commenter has opposed.
14
See Entercom Comments at 12; Joint Commenters Comments at 3; NSBA Comments at 9.
15
See NAB Comments at 4.
16
See, e.g., Bouchard Comments at 1 (some stations have “canned” announcements that are sped up and barely 
understandable); Coalition Comments at 3 (contest terms are often broadcast while audience members are involved 
in other tasks such as cooking, driving, or working; these distractions could lead to confusion about contest terms); 
iHeartMedia Comments at 10 (even when consumers hear or see a broadcast disclosure, the disclosure may be too 
quick or contain too much information for consumers to process fully, or consumers may be distracted by other 
tasks); Joint Commenters Comments at 2 (it is difficult for the public to follow and retain the specifics of lengthy 
contest disclosures).  NAB asserts that amending the Contest Rule to provide for online disclosure also will benefit 
audience members not interested in contests by reducing over-the-air contest announcements that they find 
annoying.  See NAB Comments at 4.  See also Bouchard Comments at 1 (over-the-air contest announcements are 
“audience killers”); Joint Commenters Comments at 2 (the public has an understandable tendency to tune out when 
it hears lengthy contest disclosures on air).
17
See iHeartMedia Comments at 7; Coalition Comments at 3; Entercom Comments at 2; Hubbard Comments at 3; 
Joint Commenters Comments at 3; NSBA Comments at 5; NPR Comments at 2; Saga Comments at 2-3; 
iHeartMedia Reply at 3; Ex Parte letters of California Broadcasters Association and Missouri Broadcasters 
Association (filed Feb. 26, 2015), at 2.  See also NAB Comments at 4 (online disclosure will improve consumer 
access to contest information also because such access will be enabled through an increasing variety of devices such 
as mobile phones and tablets).  
Federal Communications Commission FCC 15-118
5
8. We find that this revision to the Contest Rule is consistent with consumer expectations 
about how to obtain contest information.  As many parties note, the public today accesses information in 
ways that are dramatically different from how they did when the Contest Rule was adopted.
18
  The 
Internet has become a fundamental part of consumers’ daily lives and now represents the medium used 
most by the public to obtain information instantaneously.
19
  Given that Americans today are accustomed 
to using the Internet to obtain a broad range of information, we agree with parties who assert that
consumers reasonably expect to obtain information about licensee-conducted contests through the 
Internet.
20
  Indeed, as some parties note, broadcasters already use the Internet to post contest-related 
information, and consumers often enter and participate in contests via the Internet.
21
Amending the 
Contest Rule to permit reliance on online disclosure of material contest terms thus brings the rule into 
alignment with current consumer expectations.   
9. As noted, permitting reliance on online disclosure of contest terms also will benefit 
broadcasters by affording them greater flexibility in the manner of their compliance with Section 73.1216 
and by freeing up air time for other programming.
22
  Because many broadcasters already have dedicated 
websites where they can post complete contest information that the public can access “on demand,” and 
because we are not requiring broadcasters to use online posting if they prefer to broadcast contest terms 
                                                     
18
See Brand Activation Association Comments at 4-5; Entercom Comments at 2; Hubbard Comments at 2-3; 
iHeartMedia Comments at 4-5; NAB Comments at 2; Saga Comments at 3.  
19
See Brand Activation Association Comments at 4 (citing a 2014 survey by Pew Research indicating that 87 
percent of American adults use the Internet, and that the vast majority of Americans believe their use of the Internet 
helps them to learn new things and stay informed about issues that matter to them); NSBA Comments at 2 
(referencing a publication by the U.S. Census Bureau showing that as of 2013 more than 74 percent of American 
households reported having high-speed Internet access); iHeartMedia Reply at 2 (citing a 2015 study by Edison 
Research indicating that 54 percent of consumers over age 12 rank the Internet as the information medium “most 
essential” to their lives).  See also Petition for Rulemaking at 3, nn.4-5 (citing a 2010 study conducted by Arbitron 
Inc./Edison Research that revealed that people aged 12 and over view the Internet as the most essential medium in 
their lives relative to television, radio, or newspapers, and that 84 percent of respondents have access to the Internet 
from at least one location); id. at 3, n.6 (citing a 2010/2011 report by International Demographics, Inc. showing that 
81 percent of all adults 18 and over accessed the Internet in a given 30-day period).
20
See Brand Activation Association Comments at 3-4; Entercom Comments at 2; Hubbard Comments at 3; 
iHeartMedia Comments at 4, 6-7; Joint Commenters Comments at 3; NAB Comments at 2-3; NPR Comments at 2; 
Broadcasters Associations Reply at 2-3; iHeartMedia Reply at 2-3.
21
See Brand Activation Association Comments at 5; iHeartMedia Comments at 7-8; NAB Comments at 2-3.  See 
also Clear Channel Comments in Response to Petition at 3, 4-5 (many broadcasters have websites where they often 
post contest rules, and unlike in 1976, many contests today are promoted on-air but conducted primarily online via 
the station’s website, Facebook page, or other social media site); Joint Commenters Comments in Response to 
Petition at 2 (many stations already choose to post material contest terms online and many contests take place 
wholly or partially online, often through station websites, making websites the logical place for disclosing material 
terms); Joint Broadcasters Comments in Response to Petition at 2, n.3 (many member stations have promoted 
contests on-air but conducted them online, and many contests require online entry through a station website entry 
form, by “liking” the station’s Facebook page or becoming a member of the station’s online club); NPR Comments 
in Response to Petition at 2 (many public radio station contests require the public to use a station website to enter).  
22
See iHeartMedia Comments at 9-10 (stations would experience less audience loss during announcements directing 
listeners to website than disclosing material terms in full); Joint Parties Comments at 5-6 (proposed rule changes 
will reduce on-air clutter and open up additional inventory for programming).  See also Entercom Comments at 1; 
Hubbard Comments at 3; NSBA Comments at 4-5; NAB Comments at 2 (all asserting that permitting broadcasters 
to meet their disclosure obligation through an Internet website will benefit licensees).
Federal Communications Commission FCC 15-118
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over the air, we agree with parties who assert that the benefits of this rule change outweigh any associated 
costs.
23
  
B. Requirements Governing Online Disclosure of Material Contest Terms
10. Although this rule revision is intended, in part, to give broadcasters more flexibility in 
how they satisfy their obligation to disclose material contest terms, we find that the public interest will be 
served by establishing specific requirements that define the disclosure obligation in cases where a 
broadcaster chooses to meet that obligation through an Internet website.  In particular, we believe that 
these requirements, which are comparable to those that apply to on-air disclosures,
24
will provide 
guidance to licensees and facilitate useful access to contest information by the public.  We discuss each 
requirement, in turn, below.  
11. “Publicly Accessible” Website.  We require that any Internet website relied on by a 
broadcaster to disclose material contest terms be “publicly accessible.”  We interpret the term “publicly 
accessible” to mean that the Internet website is designed to be accessible to the public 24/7, for free, and 
without any registration requirement.
25
This may include either the station’s website, the licensee’s 
website, or, if neither the individual station nor the licensee has its own website, any Internet website that 
is readily accessible to the public.  Commenters generally agree that consumers should have access to 
material contest terms disclosed on a website without any fee or registration,
26
and we believe that 
adopting these requirements will facilitate widespread and unfettered access to contest terms by broadcast 
audiences.  Some parties assert that broadcasters should not be required to make available material contest 
terms on a 24/7 basis because factors beyond their control, such as system outages, power failures, and 
hacked websites could prevent them from ensuring 24/7 access.  Thus, they express concern that they 
could be exposed to liability for violation of the Contest Rule even where they have made a good faith 
effort to ensure public accessibility.
27
  Because we require that any website used to disclose material 
contest terms be designed to be accessible to the public on a 24/7 basis, we believe the rule we adopt 
accounts for factors beyond the control of the licensee.   
12. Broadcast Identification of Website Address.  We also amend the Contest Rule to require 
that a licensee broadcast the address of an Internet website on which it relies to disclose material contest 
terms with information sufficient for a consumer to find those terms easily.  Although we proposed in the 
NPRM to require licensees that choose to satisfy their disclosure obligation through the Internet to 
broadcast the “complete, direct website address” where contest terms are posted,
28
we decline to adopt 
this requirement.  We agree with commenters that a literal interpretation of such a requirement could be 
unduly burdensome to broadcasters and confusing to the public.  Some parties contend, for example, that 
a rule requiring identification of the “complete, direct” website address could be interpreted to require a 
mechanical recitation of a web address as it appears on an Internet browser (e.g., “http-colon-backslash, 
etc.”), and that such a rule is less helpful to consumers than one that allows broadcasters to identify the 
relevant address through simple instructions or natural language (e.g., “for contest rules go to kxyz.com 
                                                     
23
See Entercom Comments at 2-3 (at least 90 percent of all commercial full power radio and television stations 
already have a website; thus, the benefits of online disclosure outweigh the costs); NAB Comments at 3 (many 
licensees already have websites and use them to post contest rules); NSBA Comments at 3 (same); NPR Comments 
at 2 (same).  
24
See 47 C.F.R. § 73.1216, Notes 1-3. 
25
See NPRM, 29 FCC Rcd at 14189-90, ¶ 11.  
26
See Joint Commenters Comments at 7-8.  See also iHeartMedia Comments at 8-9; Joint Parties Comments at 3, 
n.7.
27
See, e.g., Joint Commenters Comments at 8; NPR Comments at 5-6.
28
See NPRM, 29 FCC Rcd at 14191-92, ¶ 13, and Appendix B.
Federal Communications Commission FCC 15-118
7
and then click on the contest tab”).
29
  In addition, Joint Commenters assert that website addresses and 
their subdirectories may change while contests are ongoing, and thus requiring identification of a 
“complete, direct” address, including local host names and subdirectories, would be unnecessarily 
onerous to broadcasters and could be confusing to consumers.
30
  We require that broadcasters identify the 
website in language that enables a typical consumer easily to locate the website’s home page online, such 
as in the example provided above (“for contest rules go to kxyz.com and then click on the contest tab”).  
As with all elements of contest-related announcements, the burden is on the broadcaster to inform the 
public, not on the public to discern the message.  
13. Consistent with broadcasters’ existing obligation to broadcast contest rule disclosures 
“periodically,” we conclude further that licensees must broadcast the website address where contest terms 
are posted “periodically” during the period of the contest.  Although we proposed in the NPRM to require 
licensees to broadcast the website address “each time the station mentions or advertises the contest,”
31
we 
decline to adopt this requirement, which parties uniformly oppose.  For example, some commenters argue 
that such a requirement could create unnecessary aural clutter and disrupt the listener experience.
32
  
Parties also assert that, given the number of contests that are conducted simultaneously and the multitude
and variety of contest references, requiring licensees to identify the relevant website address each time a 
contest is mentioned will reduce the amount of air time that can be utilized for other programming.
33
  
Some parties contend further that the burdens imposed by such a requirement could cause stations to 
reduce the number of contest mentions or not to adopt online disclosure.
34
  For these reasons, we are 
persuaded that the potential drawbacks of requiring broadcast identification of the website address where 
contest terms are posted each time a contest is mentioned outweigh any associated benefits.  
14. We decline at this time to adopt a more prescriptive requirement governing the frequency 
of broadcast identification of the website address where contest terms are posted as some parties have 
suggested.
35
We conclude that requiring on-air identification of the website address a specified number of 
times daily, e.g., an average of three times per day, would not serve the public interest because such a rule 
could lead broadcasters to identify the website address the specified minimum number of times 
irrespective of how often a contest is mentioned.  Similarly, we decline to require broadcast identification 
of the website address only when a station substantially highlights or discusses a contest, as proposed by 
Hubbard and NSBA,
36
as this approach would make the Contest Rule more challenging to enforce by 
requiring the Commission to assess in a particular case whether a contest has been “substantially”
                                                     
29
See, e.g., Entercom Comments at 7-8; Hubbard Comments at 4, n.10; iHeartMedia Comments at 14-15; 
iHeartMedia Reply at 4-7; Joint Parties Comments at 8-9; Joint Commenters Comments at 5-7; NAB Comments at 
8-9.
30
See Joint Commenters Comments at 6-7.
31
See NPRM, 29 FCC Rcd at 14191-92, ¶ 13, and Appendix B.
32
See, e.g., Entercom Comments at 8-9; Hubbard Comments at 3-4; iHeartMedia Comments at 12.
33
See, e.g., Joint Commenters Comments at 9.
34
See, e.g., iHeartMedia Comments at 12; Joint Commenters Comments at 8-9.
35
See, e.g., iHeartMedia Comments at 13; Joint Parties Comments at 7-8 (suggesting that the Commission could 
require licensees to broadcast the website address an average of at least three times per day, excluding the hours of 
12-6 a.m.).  See also Hubbard Comments at 4; NSBA Comments at 5 (suggesting that the Commission could require 
licensees to broadcast the website address when they substantially highlight or discuss a contest, i.e., not during 
passing references).  We note that some of these suggestions were proffered as an alternative to our proposal in the 
NPRM to require licensees to broadcast the relevant website address each time a contest is mentioned, and that some 
of these parties advocate principally for the requirement adopted herein (i.e., periodic broadcast identification of the 
website address).  Nevertheless, we set forth above our reasons for declining to adopt those alternatives. 
36
See Hubbard Comments at 3-4; NSBA Comments at 5.
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highlighted or discussed.
37
  On balance, we find that the public interest would be better served by 
providing licensees with flexibility to determine the frequency with which they broadcast the website 
address where contest terms are made available to the public.  As noted, the requirement we adopt is 
harmonious with licensees’ existing obligation to broadcast contest disclosures “periodically”
38
and the 
discretion long afforded licensees in this area.
39
  If we find that licensees are failing to broadcast the 
website address with adequate frequency, we will revisit this issue in the future. 
15. Internet Link to Contest Terms.  As proposed in the NPRM, we also amend the Contest 
Rule to require that licensees establish a link or tab on the home page of an Internet website used to 
disclose material contest terms, that takes consumers to contest information.
40
That link or tab must be 
conspicuously located on the website home page and must be labeled in a way that makes clear its 
relation to contest information.
41
  We disagree with commenters’ assertions that the Commission need not 
adopt any rules to facilitate access to contest information because broadcasters have a natural incentive to 
make such information readily accessible and consumers can utilize Internet search engines to locate
contest information quickly.
42
  Even if many consumers are able to locate contest terms absent any 
guidance, we believe that requiring broadcasters to establish a conspicuous link or tab on the website 
home page that takes users to contest terms will facilitate ready access to those terms by the public.
43
  As 
noted, the record reflects that many broadcasters already make available a link or tab to contest 
information on their website home page,
44
which suggests that compliance with such a requirement is not 
unduly burdensome.  Although some parties assert that licensees are in the best position to determine 
where contest information should be posted on a website,
45
the rule we adopt requiring a link or tab to 
contest terms on a website home page does not dictate the location where material terms must be
disclosed.  To the contrary, the rule preserves the ability of broadcasters to maintain contest terms on a
dedicated webpage, so long as that webpage is accessible by a link or tab on the home page that meets the 
requirements above.
16. Duration of Online Disclosure Obligation.  We also require licensees that choose to 
disclose material contest terms via an Internet website to maintain such terms on the website for at least 
thirty days after the contest has concluded (i.e., thirty days after a winner has been selected and the station 
has notified the winner personally or publicly announced the winner by broadcast announcement or over 
the Internet site where it disclosed the contest rules).  We note that under the existing rule, a licensee’s 
obligation to disclose material terms “arises at the time the audience is first told how to enter or 
                                                     
37
Given the potential number of spontaneous, unscripted contest promotions, e.g., by on-air radio personalities, we 
also believe that adopting this proposal could result in a high number of Contest Rule violations.  See, e.g., 
Entercom Comments at 9; iHeartMedia Comments at 12-13; NSBA Comments at 5.
38
See 47 C.F.R. § 73.1216, Note 2 (directing, among other things, disclosure of material contest terms be made 
“periodically by announcements broadcast on the station conducting the contest, but need not be enumerated each 
time an announcement promoting the contest is broadcast”). 
39
Id. (stating that “[i]n general, the time and manner of disclosure of the material terms of a contest are within the 
licensee’s discretion,” and that “[d]isclosure of material terms in a reasonable number of announcements is 
sufficient”). 
40
See NPRM, 29 FCC Rcd at 14191, ¶ 11 (seeking comment on how the Commission can ensure that material 
contest terms are easy for consumers to locate on an Internet website, and on whether to require a link on the 
website’s home page to contest terms).
41
See iHeartMedia Comments at 8; Joint Parties Comments at 4.
42
See Joint Commenters Comments at 5; NSBA Comments at 6.
43
See iHeartMedia Comments at 8; Joint Parties Comments at 4.
44
See iHeartMedia Comments at 8.
45
See, e.g., Joint Commenters Comments at 5; Entercom Comments at 4-5.
Federal Communications Commission FCC 15-118
9
participate and continues thereafter;” however, the rule is silent on when this obligation ends.
46
  In the 
NPRM, we sought comment on how long a licensee should be required to maintain contest information on 
an Internet website.
47
  Although no commenter proposed the thirty-day period we adopt herein, we 
believe this time period is reasonable because it strikes an appropriate balance between the public’s 
interest in accessing material terms after a contest has ended and the interest of broadcasters in keeping 
their websites up-to-date.
48
  We disagree with parties who assert that the Commission should refrain from
specifying the duration that material contest terms must remain available online,
49
or should require 
broadcasters to maintain online disclosures only until a contest winner has been selected.
50
  We believe 
that requiring broadcasters to maintain contest terms online for a reasonable period of time after a contest 
winner has been selected is necessary to ensure that contest information is readily available not only to 
potential contest participants, but also to actual contestants or others who wish to consult or confirm the 
rules after the contest has ended.
51
  To address concerns that maintaining contest rules online after a 
contest has ended could create confusion about whether a contest is ongoing,
52
licensees should timely 
label expired contest terms to make clear that a contest has ended, including the date that a winner was 
selected.
53
17. Changes to Material Contest Terms.  The Contest Rule prohibits false, misleading or 
deceptive contest descriptions and requires broadcasters to conduct their contests substantially as 
announced.
54
  Accordingly, we do not expect broadcasters to regularly change the material terms of a 
contest after the contest has commenced.  Nevertheless, we recognize that, on rare occasions, limited 
changes to a contest’s terms may be necessary to address changes in circumstances beyond the 
anticipation or control of the broadcaster.  We therefore adopt our proposal to require that, in cases where 
a licensee chooses to satisfy its disclosure obligation through the Internet, if the material terms of a 
contest are changed after the contest is first announced, the licensee must announce on air that the contest 
rules have been changed and direct participants to the website to review the changes.
55
  With the 
                                                     
46
See 47 C.F.R. § 73.1216, Note 2.
47
See NPRM, 29 FCC Rcd at 14191, ¶ 11.
48
We note that the Commission, in other contexts, has found thirty days to be a reasonable period of notification to 
the public.  See, e.g., https://www.fcc.gov/asr/localnotice (visited July 15, 2015) (providing that the Commission 
will post for thirty days information submitted by applicants for antenna structures that could raise environmental 
concerns); 47 C.F.R. § 76.1601 (requiring that a cable operator provide at least thirty days’ notice to subscribers 
prior to deleting or repositioning a broadcast signal).
49
See NAB Comments at 6.
50
See Coalition Comments at 4-5; Entercom Comments at 5; iHeartMedia Comments at 8; Joint Parties Comments 
at 6; Joint Commenters Comments at 7.  Cf. NPR Comments at 4 (Commission should not require licensees to 
maintain contest disclosures after the relevant contest has ended because material terms of a contest are no longer 
important to communicate to the public after contest has ended).
51
Absent such a requirement, for example, a contest winner might not be able to readily confirm that the prize 
he/she has been awarded after the content has ended is, in fact, the prize disclosed online.  Similarly, a losing 
contestant that wished to consult the contest rules could not readily do so if licensees were permitted to remove the 
rules immediately upon the contest’s conclusion.    
52
See Joint Parties Comments at 6.
53
See 47 C.F.R. § 73.1216, Note 1(b) (“Material terms include . . . [the] time and means of selection of winners”) 
(emphasis added).
54
See 47 C.F.R. § 73.1216.
55
See NPRM, 29 FCC Rcd 14191-92, ¶ 13 (also seeking comment on the appropriate frequency and duration of this 
requirement), and Appendix B.  
Federal Communications Commission FCC 15-118
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exception of NPR, commenters support this proposal.
56
As suggested by some parties, we require 
licensees to make such announcements on air within 24 hours of the change in material terms on the 
website,
57
and periodically thereafter, until the contest has concluded.
58
  We are not persuaded by NPR’s 
speculative assertion that requiring broadcasters to announce changes to material contest terms over the 
air could lead to public confusion about whether contest terms posted on a website are accurate.
59
  We 
believe that stations can address this concern by labeling contest terms with information that indicates, for 
example, the date that the terms were last updated.  We believe that requiring on-air announcements of 
changes in material contest terms is necessary to address the potential that some broadcasters will use 
their ability to disclose terms online as a means of changing contest rules in a way that is misleading or 
deceptive to the public.  We emphasize that a broadcaster that effectuates a change in terms that unfairly 
or deceptively alters the operation of the contest or the nature or value of the prize or materially 
disadvantages existing contestants will be deemed to have rendered prior descriptions false, misleading, 
and deceptive and, thus, would violate the Contest Rule, regardless of whether such alterations are 
announced on air or posted to a website.
60
18. Consistency of Contest Terms.  We adopt our proposal in the NPRM to require that any 
material contest terms disclosed on an Internet website conform in all substantive respects to contest 
terms broadcast over the air.
61
  Although no commenter specifically addressed this proposal, we conclude 
that amending the Contest Rule to include such a requirement serves the public interest by ensuring that 
contest information made available by broadcasters in written and oral form is consistent.  We note that 
the Contest Rule currently requires licensees, among other things, to disclose material contest terms “fully 
and accurately” and to conduct contests “substantially as announced or advertised.”
62
  The Contest Rule 
directs further that “[n]o contest description shall be false, misleading or deceptive with respect to any 
material term.”
63
  We believe that prohibiting broadcasters from disclosing material contest terms on an 
Internet website that differ in any substantive respect from contest information broadcast over the air is 
harmonious with broadcasters’ existing obligations under the Contest Rule.  In particular, we find that a 
licensee’s failure to disseminate consistent information about a contest it conducts constitutes a violation 
of the requirements noted above to disclose material contest terms accurately, to conduct contests 
                                                     
56
See Entercom Comments at 11; iHeartMedia Comments at 13-14; Joint Parties Comments at 9; NSBA Comments 
at 10.
57
See Entercom Comments at 11; iHeartMedia Comments at 14 (advocating a requirement that licensees announce 
changes to material contest terms within 24 hours of the change).  We expect licensees to broadcast forthwith 
announcements of the changes in material terms that they have posted on a website, and to not wait 24 hours before 
doing so.
58
Although a few parties have suggested that licensees be required to announce on air that contest terms have 
changed three times daily, see Entercom Comments at 11; iHeartMedia Comments at 14; Joint Parties Comments at 
9, we conclude that requiring such announcements on a periodic basis will give broadcasters more flexibility in how 
they satisfy their disclosure obligation, and is consistent with licensees’ existing obligation to broadcast contest 
disclosures “periodically” and the discretion granted licensees under the Contest Rule.  We note that this 
requirement also is harmonious with the rule we adopt above governing broadcast identification of website 
addresses.
59
See NPR Comments at 5 (rather than requiring licensees to disclose on air that material contest terms have been 
changed, the Commission should require them to state clearly on the website that contest terms have changed).
60
See 47 C.F.R. § 73.1216.
61
See NPRM, 29 FCC Rcd at 14191, ¶ 12.  As noted in the NPRM, for example, if a broadcast contest 
announcement identifies a particular prize by brand name or model, then the terms disclosed on the website must be 
the same.  Id. ¶ 12, n.41.
62
See 47 C.F.R. § 73.1216.
63
Id.
Federal Communications Commission FCC 15-118
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substantially as announced or advertised, and to provide contest descriptions that are not false, 
misleading, or deceptive.
64
  To the extent that there are any ambiguities in contest disclosures that 
generate inconsistency, we place broadcasters on notice that the Commission will construe such 
ambiguities against the licensee.  We believe that this approach will benefit broadcast audiences by 
facilitating clarity and consistency in contest disclosures.   
IV. PROCEDURAL MATTERS
A. Regulatory Flexibility Act
19. Final Regulatory Flexibility Act Analysis.  As required by the Regulatory Flexibility Act 
of 1980, as amended (“RFA”),
65
the Commission has prepared a Final Regulatory Flexibility Act Analysis 
(“FRFA”) relating to this Report and Order in MB Docket No. 14-226.  The FRFA is set forth in 
Appendix C.
B. Paperwork Reduction Act
20. This Report and Order contains new or modified information collection requirements 
subject to the Paperwork Reduction Act of 1995 (PRA).
66
  The requirements will be submitted to the 
Office of Management and Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies will be invited to comment on the new or modified information 
collection requirements contained in this proceeding. In addition, we note that pursuant to the Small 
Business Paperwork Relief Act of 2002,
67
we previously sought specific comment on how the 
Commission might further reduce the information collection burden for small business concerns with 
fewer than 25 employees.
C. Congressional Review Act
21. The Commission will send a copy of this Report and Order to Congress and the 
Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 
801(a)(1)(A).
22. Additional Information.  For additional information on this proceeding, contact Raelynn 
Remy or Raphael Sznajder of the Media Bureau at (202) 418-2120 or Raelynn.Remy@fcc.gov; 
Raphael.Sznajder@fcc.gov.
V. ORDERING CLAUSES
23. Accordingly, IT IS ORDERED that, pursuant to the authority contained in Sections 4(i), 
4(j) and 303 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 303, this 
Report and Order IS ADOPTED, and shall become effective upon announcement in the Federal Register 
of OMB approval and an effective date of the rules adopted therein.
24. IT IS FURTHER ORDERED that, pursuant to the authority found in Sections 4(i), 4(j) 
and 303 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 303, the 
Commission’s rules ARE HEREBY AMENDED as set forth in Appendix B.  
                                                     
64
We note that these broader obligations, which are codified in the text of Section 73.1216, will continue to exist 
under our revised rule.
65
See 5 U.S.C. § 603.  The RFA, see 5 U.S.C. § 601 et seq., has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (“SBREFA”), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).  The SBREFA 
was enacted as Title II of the Contract with America Advancement Act of 1996 (“CWAAA”). 
66
The Paperwork Reduction Act of 1995 (PRA), Pub. L. No. 104-13, 109 Stat. 163 (1995) (codified in Chapter 35 
of title 44 U.S.C.).
67
The Small Business Paperwork Relief Act of 2002 (SBPRA), Pub. L. No. 107-198, 116 Stat. 729 (2002) (codified 
in Chapter 35 of title 44 U.S.C.). See 44 U.S.C. § 3506(c)(4).
Federal Communications Commission FCC 15-118
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25. IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental 
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, 
including the Final Regulatory Flexibility Act Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
26. IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of this
Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant 
to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A).
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
Federal Communications Commission FCC 15-118
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APPENDIX A
List of Commenters 
Comments filed in MB Docket No. 14-226 
Bouchard Broadcasting, Inc.
Brand Activation Association
Coalition for Modernization of the FCC Contest Rule
Entercom Communications Corp.
Hubbard Broadcasting, Inc.
iHeartMedia, Inc.
Joint Commenters (Beasley Media Group, Inc., et al.)
Joint Parties (Alpha Media LLC, et al.)
Named State Broadcasters Associations (NSBA)
National Association of Broadcasters (NAB)
National Public Radio, Inc. (NPR)
Saga Communications, Inc.
Reply Comments filed in MB Docket No. 14-226 
Anonymous 
Broadcasters Associations (Virginia Association of Broadcasters, et al.)
Clarke Broadcasting Corp.
iHeartMedia, Inc.
Federal Communications Commission FCC 15-118
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APPENDIX B
Final Rules
The Federal Communications Commission amends 47 CFR Part 73 as set forth below: 
PART 73 – RADIO BROADCAST SERVICE
1. The authority citation for part 73 continues to read as follows:
Authority:  47 U.S.C. 154, 303, 334, 336, and 339.
2. Amend § 73.1216 to read as follows: 
§ 73.1216  Licensee-conducted contests.  
(a)  A licensee that broadcasts or advertises information about a contest it conducts shall fully and 
accurately disclose the material terms of the contest, and shall conduct the contest substantially as 
announced or advertised over the air or on the Internet.  No contest description shall be false, misleading 
or deceptive with respect to any material term.
(b)  The disclosure of material terms shall be made by the station conducting the contest by either:  
(1) Periodic disclosures broadcast on the station; or 
(2) Written disclosures on the station’s Internet website, the licensee’s website, or if neither the 
individual station nor the licensee has its own website, any Internet website that is publicly accessible.  
(c)  In the case of disclosure under paragraph (b)(1) of this section, a reasonable number of periodic 
broadcast disclosures is sufficient.  In the case of disclosure under paragraph (b)(2) of this section, the 
station shall: 
(i) Establish a conspicuous link or tab to material contest terms on the home page of 
      the Internet website; 
(ii) Announce over the air periodically the availability of material contest terms on the 
website and identify the website address where the terms are posted with information sufficient 
for a consumer to find such terms easily; and
(iii) Maintain material contest terms on the website for at least thirty days after the 
contest has concluded.  Any changes to the material terms during the course of the contest must 
be fully disclosed on air within 24 hours of the change on the website and periodically thereafter 
Federal Communications Commission FCC 15-118
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or the fact that such changes have been made must be announced on air within 24 hours of the 
change, and periodically thereafter, and such announcements must direct participants to the 
written disclosures on the website.  Material contest terms that are disclosed on an Internet 
website must be consistent in all substantive respects with those mentioned over the air.   
NOTE 1: For the purposes of this rule:
(a) A contest is a scheme in which a prize is offered or awarded, based upon chance, diligence, 
knowledge or skill, to members of the public.
(b) Material terms include those factors which define the operation of the contest and which 
affect participation therein. Although the material terms may vary widely depending upon the exact 
nature of the contest, they will generally include: how to enter or participate; eligibility restrictions; entry 
deadline dates; whether prizes can be won; when prizes can be won; the extent, nature and value of 
prizes; basis for valuation of prizes; time and means of selection of winners; and/or tie-breaking 
procedures.
NOTE 2:  In general, the time and manner of disclosure of the material terms of a contest are within the 
licensee’s discretion.  However, the obligation to disclose the material terms arises at the time the 
audience is first told how to enter or participate and continues thereafter.
NOTE 3: This rule is not applicable to licensee-conducted contests not broadcast or advertised to the 
general public or to a substantial segment thereof, to contests in which the general public is not requested 
or permitted to participate, to the commercial advertisement of non-licensee-conducted contests, or to a 
contest conducted by a non-broadcast division of the licensee or by a non-broadcast company related to 
the licensee.
Federal Communications Commission FCC 15-118
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APPENDIX C
Final Regulatory Flexibility Act Analysis
1. As required by the Regulatory Flexibility Act of 1980, as amended (“RFA”)
1
an Initial 
Regulatory Flexibility Act Analysis (“IRFA”) was incorporated in the Notice of Proposed Rulemaking
(“NPRM”) in this proceeding.  The Commission sought written public comment on the proposals in the 
NPRM, including comment on the IRFA.  The Commission received no comments on the IRFA.  This 
Final Regulatory Flexibility Act Analysis (“FRFA”) conforms to the RFA.
2
A. Need for, and Objectives of, the Rule Changes
2. This proceeding stems from an unopposed Petition for Rulemaking filed by Entercom 
Communications Corp. requesting that the Commission update Section 73.1216 of its rules governing 
broadcast licensee-conducted contests (the “Contest Rule”)
3
in a manner that reflects how consumers 
access information in the 21
st
Century.
4
  In November 2014, the Commission issued a NPRM seeking 
comment on certain proposals intended to modernize the Contest Rule by providing broadcasters with 
more flexibility in how they satisfy their obligation to disclose material contest terms, without relaxing 
their duty to conduct contests with due regard for the public interest.  
3. In the accompanying Report and Order (“Order”), the Commission amends the Contest 
Rule to permit broadcast licensees to comply with their obligation to disclose material contest terms either 
by broadcasting such terms or by making them available in writing on a publicly accessible Internet 
website.  In particular, the Order amends the rule to allow a broadcast licensee to satisfy its disclosure 
obligation by posting material contest terms on the station’s website, the licensee’s website, or, if neither 
the individual station nor the licensee has its own website, any Internet website that is readily accessible 
to the public.  
4. The Order also revises the Contest Rule to specify that, in cases where a licensee chooses 
to disclose material contest terms through an Internet website, the licensee:  (i) must broadcast the 
relevant website address periodically with information sufficient for a consumer to easily find material 
contest terms online; (ii) must establish a link or tab to material contest terms on the website’s home page; 
(iii) must maintain contest terms online for a period of at least thirty days after the contest has ended; and 
(iv) that changes the material terms of a contest after the contest is first announced must announce on air 
that the contest rules have changed and direct participants to the website to review the changes.  The 
Order requires that such announcements be made on air within 24 hours of the change in contest terms on 
the website, and periodically thereafter.  Finally, licensees must ensure that any material terms disclosed 
on a website conform in all substantive respects to those mentioned over the air.  
B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA
5. No comments were filed that specifically addressed the IRFA.
                                                     
1
See 5 U.S.C. § 603.  The RFA, see 5 U.S.C. § 601 – 612, has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).
2
See 5 U.S.C. § 604.
3
47 C.F.R. § 73.1216.
4
See Petition for Rulemaking filed by Entercom Communications Corp., CGB Docket No. RM-11684 (filed Jan. 20, 
2012).  
Federal Communications Commission FCC 15-118
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C. Description and Estimates of the Number of Small Entities to Which the Proposed 
Rules Will Apply
6. The RFA directs agencies to provide a description of and, where feasible, an estimate of 
the number of small entities that may be affected by the proposed rules, if adopted.
5
  The RFA generally 
defines the term “small entity” as having the same meaning as the terms “small business,” “small 
organization,” and “small governmental jurisdiction.”
6
In addition, the term “small business” has the 
same meaning as the term “small business concern” under the Small Business Act.
7
  A small business 
concern is one which: (1) is independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the SBA.
8
The rules adopted in the 
accompanying Order will directly affect small television and radio broadcast stations.  Below, we provide 
a description of these small entities, as well as an estimate of the number of such small entities, where 
feasible. 
7. Television Broadcasting.  This economic Census category “comprises establishments 
primarily engaged in broadcasting images together with sound.”
9
The SBA has created the following 
small business size standard for such businesses:  those having $38.5 million or less in annual receipts.
10
   
The 2007 U.S. Census indicates that 808 firms in this category operated in that year.  Of that number, 709
had annual receipts of $25,000,000 or less, and 99 had annual receipts of more than $25,000,000.
11
  
Because the Census has no additional classifications that could serve as a basis for determining the 
number of stations whose receipts exceeded $38.5 million in that year, we conclude that the majority of 
television broadcast stations were small under the applicable SBA size standard.  
8. Apart from the U.S. Census, the Commission has estimated the number of licensed 
commercial television stations to be 1,387 stations.
12
Of this total, 1,221 stations (or about 88 percent) 
had revenues of $38.5 million or less, according to Commission staff review of the BIA Kelsey Inc. 
Media Access Pro Television Database (BIA) on July 2, 2014.  In addition, the Commission has estimated 
the number of licensed noncommercial educational (NCE) television stations to be 395.
13
NCE stations 
                                                     
5
5 U.S.C. § 603(b)(3).
6
5 U.S.C. § 601(6).
7
5 U.S.C. § 601(3) (incorporating by reference the definition of “small business concern” in 15 U.S.C. § 632).  
Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small business applies “unless an agency, after 
consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and 
publishes such definition(s) in the Federal Register.”  5 U.S.C. § 601(3).
8
15 U.S.C. § 632.  Application of the statutory criteria of dominance in its field of operation and independence are 
sometimes difficult to apply in the context of broadcast television.  Accordingly, the Commission’s statistical 
account of television stations may be over-inclusive.
9
U.S. Census Bureau, 2012 NAICS Definitions, “515120 Television Broadcasting,” at http://www.census.gov./cgi-
bin/sssd/naics/naicsrch.
10
13 C.F.R. § 121.201; 2012 NAICS code 515120.
11
U.S. Census Bureau, Table No. EC0751SSSZ4, Information: Subject Series – Establishment and Firm Size: 
Receipts Size of Firms for the United States: 2007 (515120), 
http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ4&prod
Type=table. 
12
See Broadcast Station Totals as of June 30, 2014, Press Release (MB rel. July 9, 2014) (Broadcast Station Totals) 
at https://apps.fcc.gov/edocs_public/attachmatch/DOC-328096A1.pdf.
13
See Broadcast Station Totals, supra.
Federal Communications Commission FCC 15-118
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are non-profit, and therefore considered to be small entities.
14
  Based on these data, we estimate that the 
majority of television broadcast stations are small entities.  
9. Class A TV and LPTV Stations.  The same SBA definition that applies to television 
broadcast stations would apply to licensees of Class A television stations and low power television 
(LPTV) stations, as well as to potential licensees in these television services.  As noted above, the SBA 
has created the following small business size standard for this category:  those having $38.5 million or 
less in annual receipts.
15
The Commission has estimated the number of licensed Class A television 
stations to be 432.
16
The Commission has also estimated the number of licensed LPTV stations to be 
2,028.
17
  Given the nature of these services, we will presume that these licensees qualify as small entities 
under the SBA definition.  
10. We note, however, that in assessing whether a business concern qualifies as “small” 
under the above definition, business (control) affiliations
18
must be included.  Because we do not include 
or aggregate revenues from affiliated companies in determining whether an entity meets the revenue 
threshold noted above, our estimate of the number of small entities affected is likely overstated.  In 
addition, we note that one element of the definition of “small business” is that an entity not be dominant 
in its field of operation.  We are unable at this time to define or quantify the criteria that would establish 
whether a specific television broadcast station is dominant in its field of operation.  Accordingly, our 
estimate of small television stations potentially affected by the proposed rules includes those that could be 
dominant in their field of operation.  For this reason, such estimate likely is over-inclusive.
11. Radio Stations.  This economic Census category “comprises establishments primarily 
engaged in broadcasting aural programs by radio to the public.”
19
The SBA has created the following 
small business size standard for this category:  those having $38.5 million or less in annual receipts.
20
   
Census data for 2007 shows that 2,926 firms in this category operated in that year.
21
Of this number, 
2,877 firms had annual receipts of less than $25,000,000, and 49 firms had annual receipts of $25,000,000 
or more.
22
  Because the Census has no additional classifications that could serve as a basis for determining 
the number of stations whose receipts exceeded $38.5 million in that year, we conclude that the majority 
of television broadcast stations were small under the applicable SBA size standard. 
12. Apart from the U.S. Census, the Commission has estimated the number of licensed 
commercial AM radio stations to be 4,553 stations and the number of commercial FM radio stations to be 
                                                     
14
See generally 5 U.S.C. §§ 601(4), (6).
15
13 C.F.R. § 121.201; NAICS code 515120.
16
See Broadcast Station Totals, supra.
17
See Broadcast Station Totals, supra. 
18
“[Business concerns] are affiliates of each other when one concern controls or has the power to control the other 
or a third party or parties controls or has the power to control both.”  13 C.F.R. § 21.103(a)(1).
19
U.S. Census Bureau, 2012 NAICS Definitions, “515112 Radio Stations,” at http://www.census.gov/cgi-
bin/sssd/naics/naicsrch. This category description continues, “Programming may originate in their own studio, from 
an affiliated network, or from external sources.”
20
13 C.F.R. § 121.201; NAICS code 515112.
21
U.S. Census Bureau, Table No. EC0751SSSZ4, Information: Subject Series – Establishment and Firm Size: 
Receipts Size of Firms for the United States: 2007 (515112), 
http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ4&prod
Type=table.
22
Id.
Federal Communications Commission FCC 15-118
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6,622, for a total number of 11,175.
23
  Of this total, 9,898 stations (or about 90 percent) had revenues of 
$38.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro 
Television Database (BIA) on October 23, 2014.  In addition, the Commission has estimated the number 
of licensed noncommercial educational (“NCE”) AM radio stations to be 168 stations and the number of 
noncommercial educational FM radio stations to be 4,082, for a total of 4,250.
24
NCE stations are non-
profit, and therefore considered to be small entities.
25
  Therefore, we estimate that the majority of radio 
broadcast stations are small entities.
13. Low Power FM Stations.  The same SBA definition that applies to radio stations would 
apply to low power FM stations. As noted above, the SBA has created the following small business size 
standard for this category:  those having $38.5 million or less in annual receipts.
26
The Commission has 
estimated the number of licensed low power FM stations to be 814.
27
  Given the nature of these services, 
we will presume that these licensees qualify as small entities under the SBA definition.  
14. We note again, however, that in assessing whether a business concern qualifies as 
“small” under the above definition, business (control) affiliations
28
must be included.  Because we do not 
include or aggregate revenues from affiliated companies in determining whether an entity meets the 
applicable revenue threshold, our estimate of the number of small radio broadcast stations affected is 
likely overstated.  In addition, as noted above, one element of the definition of “small business” is that an 
entity not be dominant in its field of operation.  We are unable at this time to define or quantify the 
criteria that would establish whether a specific radio broadcast station is dominant in its field of operation.  
Accordingly, our estimate of small radio stations potentially affected by the proposed rules includes those 
that could be dominant in their field of operation.  For this reason, such estimate likely is over-inclusive.
D. Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities
15. In this section, we identify the reporting, recordkeeping, and other compliance 
requirements for small entities that the Commission adopts in the Order.    
16. Reporting Requirements.  The Order does not adopt reporting requirements.
17. Recordkeeping Requirements.  The Order adopts certain recordkeeping requirements that 
apply to broadcast entities, including small broadcast entities, that choose to disclose material contest 
terms by posting such terms on an Internet website.  In particular, the Order requires such entities:  
? to broadcast the relevant website address periodically with information sufficient for a consumer 
to easily find material contest terms online;
? to establish a link or tab to material contest terms on the website’s home page;
? to maintain contest terms online for a period of at least thirty days after the contest has ended;
                                                     
23
See Broadcast Station Totals as of June 30, 2014, Press Release (MB rel. July 9, 2014) (Broadcast Station Totals) 
at https://apps.fcc.gov/edocs_public/attachmatch/DOC-328096A1.pdf.  This document only indicates the total 
number of AM stations as 4,721.  The breakdown between licensed AM commercial and noncommercial stations 
was obtained from Staff review of the Consolidated Database System (CDBS).  See
http://licensing.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm. 
24
See Broadcast Station Totals, supra.
25
See generally 5 U.S.C. §§ 601(4), (6).
26
See 13 C.F.R. § 121.201, NAICS Code 515112. 
27
See News Release, “Broadcast Station Totals as of June 30, 2012” (rel. Jul. 19, 2012) 
(http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-304594A1315231A1.pdf).
28
“[Business concerns] are affiliates of each other when one concern controls or has the power to control the other 
or a third party or parties controls or has the power to control both.”  13 C.F.R. § 21.103(a)(1).
Federal Communications Commission FCC 15-118
20
? in cases where such entities change the material terms of a contest after the contest is first 
announced, to announce on air that the contest rules have changed and direct participants to the 
website to review the changes, and to make such announcements on air within 24 hours of the 
change on the website and periodically thereafter; and
? to ensure that any material terms disclosed on a website conform in all substantive respects to 
those mentioned over the air.
18. Other Compliance Requirements.  The Order does not adopt other compliance 
requirements.  
19. Based on the record, we cannot estimate with precision the impact of the rules adopted in 
the Order on small entities.  However, the rule revisions will afford all licensees, including small 
broadcasters, greater flexibility in their manner of compliance with the Contest Rule.  In addition, we note 
that some of the rule revisions were derived from the Petition for Rulemaking in this proceeding, which 
was unopposed and supported by all commenters, including small broadcasters.  Thus, we find it 
reasonable to conclude that any costs or burdens on small entities resulting from the requirements will be 
outweighed by the benefits. 
E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and 
Significant Alternatives Considered
20. The RFA requires an agency to describe any significant, specifically small business,
alternatives that it has considered in reaching its proposed approach, which may include the following 
four alternatives (among others): (1) the establishment of differing compliance or reporting requirements 
or timetables that take into account the resources available to small entities; (2) the clarification, 
consolidation, or simplification of compliance and reporting requirements under the rule for such small 
entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of 
the rule, or any part thereof, for small entities.
29
21. The accompanying Order amends Section 73.1216 of the Commission’s rules by 
allowing all licensees, including small broadcasters, to meet their obligation to disclose material contest 
terms either through broadcast announcements or by making such terms available in writing on a publicly
accessible Internet website.  This revision to the rule is intended to give broadcasters greater flexibility in 
the manner by which they satisfy their obligation to disclose material contest terms, while ensuring 
adequate notice of such terms to the public.  Whereas under the current rule, licensees must expend time 
and resources developing broadcast messages that adequately disclose important contest information, 
under the revised rule, licensees will have the option to disclose such information through the Internet.  
Permitting disclosure through this additional method likely is less costly and administratively burdensome
for licensees, including small entities.  One commenter has estimated, for example, that as much as two 
hours that are presently devoted by licensees to the production of contest-related broadcast spots will be 
spared.  Moreover, the air time that is likely to be freed up as a result of more abbreviated contest-related 
announcements could be used for non-contest-related programming.  As noted above, the Petition for 
Rulemaking in this proceeding was uniformly supported by commenting parties, including small entities.  
Thus, we expect that the rule revisions adopted in the Order will benefit small broadcast entities.
                                                     
29
5 U.S.C. § 603(c)(1)-(c)(4).
Federal Communications Commission FCC 15-118
21
STATEMENT OF
CHAIRMAN TOM WHEELER
Re:   Amendment of Section 73.1216 of the Commission’s Rules Related to Broadcast Licensee-
Conducted Contests, MB Docket No. 14-226.
If you are listening to the radio or watching TV, chances are it won’t be long until you hear about 
you’re chance to win concert tickets, cash prizes, or maybe even a new car. Chances are this offer to 
enter-and-win a contest will also be followed by the disclosure of contest rules that are either read too 
quickly to understand or printed too small on the screen to read. These disclosures are required by the 
FCC to protect consumers, but their inaccessibility can make them likely to sow confusion. Today, the 
FCC is updating our Contest Rules for the Internet age, giving broadcasters the flexibility to disclose 
contest guidelines online and making it easier for consumers to access the information they need.
Almost forty years ago, the Commission adopted the Contest Rule out of concern about the way 
in which broadcasters were conducting contests over the air. The Rule ensured that broadcasters would 
conduct contests fairly and substantially as represented to the public.
When the Contest Rule was adopted, on-air announcements were the only practical way to 
disclose important contest information. Fast forward to today, and that is no longer the case.
Broadcasters have called for the Commission to modernize the Contest Rule to reflect how 
Americans access information in the 21st Century.  To that end, the Report and Order updates the Contest 
Rule to allow broadcasters to disclose material contest information either through broadcast 
announcements, as required under the current Rule, or by making such information available online.  In 
addition, the Order adopts certain requirements that define the disclosure obligation in cases where a 
broadcaster chooses to meet that obligation using an Internet website.
While today’s Order updates the Contest Rule, it preserves its core principles.  Regardless of the 
medium of disclosure, broadcasters are still obligated to provide complete, accurate, and timely 
information about the contests they conduct, to ensure that such information is not false, misleading, or 
deceptive, and to conduct their contests substantially as announced.
Modernizing the Contest Rule is uniformly supported by commenters and serves the public 
interest.  Under the revised Rule, broadcasters will have more flexibility in how they meet their disclosure 
obligation and consumers will have improved access to important contest information.  For example, in 
cases where a broadcaster chooses to disclose contest terms online, consumers will be able to access those 
terms “on demand” and review them at their convenience.
Permitting online disclosure of contest terms meets consumer expectations about how to obtain 
important contest information and capitalizes on the Internet’s ability to efficiently disseminate 
information to the public.
Contests are a time-tested way for broadcasters to engage with their local audience and build 
relationships. Updating our rules to allow use of the Internet to disclose contest information is a common-
sense move that will benefit both broadcasters and consumers. Everybody’s a winner.
Thank you to the Media Bureau for their work on this item. 
Federal Communications Commission FCC 15-118
22
STATEMENT OF
COMMISSIONER MIGNON L. CLYBURN
Re:   Amendment of Section 73.1216 of the Commission’s Rules Related to Broadcast Licensee-
Conducted Contests, MB Docket No. 14-226.
1976 was a pretty eventful year in the United States. The nation marked the Bicentennial of the 
American Revolution with a scores of observances and festivities, culminating on Sunday, July 4
th
, with 
the 200
th
anniversary celebration of the signing of the Declaration of Independence.  
In our nation’s capital, the Metro System would open its doors; Texas-state lawmaker Barbara 
Jordan, the first southern African American female elected to the U. S. House of Representatives, made 
history by keynoting a political convention; The Homebrew Computer Club, a group of hackers and 
entrepreneurs, met in Silicon Valley; two gentlemen named Steve, designed the First Apple Computer –
“Apple 1”; Rocky – the original Rocky – was released in theaters; and FCC Chairman Dick Wiley 
announced that the major networks would launch a family hour in the Fall, while the country jammed to 
Wild Cherry’s “Play that Funky Music” and K.C. and the Sunshine Band’s “Shake, Shake, Shake.”  
Making less news that year, was the FCC’s adoption of its Contest Rule, requiring the disclosure 
of material contest terms over the air by radio and television broadcasters.  That rule and the manner in 
which its obligations informed the public, were in sync with the information consumption patterns of 
forty years ago. Today, those patterns are as different and as varied as the platform options at our 
disposal.
Today’s Report and Order brings our Contest Rules up to date with how the public accesses and 
consumes information today, gives broadcasters the flexibility to disclose their contest terms online, and 
outlines reasonable guidelines that largely enjoy a consensus in the record, for online disclosures.
And to those participating in the many contests and promotions sponsored by these stations, the 
days of trying to understand that announcer speaking at a mile a minute will be few and the opportunity to 
learn and interpret for yourselves the rules for winning concert tickets, dining experiences and cash prizes 
will be available on line even after the promotion ends.
Federal Communications Commission FCC 15-118
23
STATEMENT OF
COMMISSIONER AJIT PAI
Re:   Amendment of Section 73.1216 of the Commission’s Rules Related to Broadcast Licensee-
Conducted Contests, MB Docket No. 14-226.
In 1992, two high school students tried to rig a radio contest where the tenth caller would win a 
trip to Hawaii.  One posed as a telephone company employee purporting to check on the status of the 
radio station’s phone.  But in reality, he was blocking calls to the station until the other student’s call 
could be put through.  The two students were Screech and Zack, from the iconic television show Saved by 
the Bell.      
Much has changed since 1992.  But one thing that hasn’t is the FCC’s Contest Rule, which was 
adopted way back in 1976.
1
  When Zack, Screech, Kelly, and A.C. were roaming the halls of Bayside 
High School, it might have made sense for the Commission to require broadcasters to periodically 
disclose over the air all of a contest’s material terms.  But in 2015, this requirement reflects neither 
current technology nor how Americans consume information.  Indeed, announcements of contest terms 
aren’t exactly compelling content, and they can cause listeners to turn the dial.
That’s why, in the summer of 2013, I proposed that the Commission modernize the Contest Rule.  
Specifically, at Pittsburgh’s KDKA, home to the nation’s first commercial radio broadcast, I suggested 
giving broadcasters the option of disclosing the material terms of a contest on air or in writing on a 
publicly accessible website.  
Today, I am pleased that the Commission is taking this simple and straightforward step.  Now, 
instead of trudging through each and every contest rule on air, a broadcaster can simply refer listeners to a 
publicly accessible website.  This flexibility will be good for broadcasters.  Moreover, posting contest 
rules online will be good for interested consumers, who will be able to review them whenever they want.  
And critically, this change is consistent with the basic purposes of our Contest Rule, which are for 
broadcasters to provide full and accurate disclosures of contest terms and to conduct contests substantially 
as announced or advertised.  
I would like to thank Commissioner O’Rielly for his leadership on this issue and the staff of the 
Media Bureau for their work on this reform.  This is a good example of how the Commission can make 
sure that our rules reflect the modern marketplace.  From AM radio to the IP transition, I hope that we 
will continue to work together to ease outdated regulatory burdens in the months to come.  
                                                     
1
47 C.F.R. § 73.1216.
Federal Communications Commission FCC 15-118
24
STATEMENT OF
COMMISSIONERMICHAEL O’RIELLY
Re:   Amendment of Section 73.1216 of the Commission’s Rules Related to Broadcast Licensee-
Conducted Contests, MB Docket No. 14-226.
I am more than happy to support this Order updating requirements for consumer notification of 
the rules applicable to contests promoted on TV and radio.  With its origins in a Petition for Rulemaking 
filed in January 2012,
1
this is an idea whose time has come, and a common-sense update I championed on 
my blog early in my time at the Commission.  And while I can’t say that every one of my blog posts has 
gained this amount of traction, hope springs eternal that this is a sign of more good things to come.
The original Contest Rule was adopted in 1976 to ensure that broadcasters inform consumers of 
the material terms of contests they promote.  Thirty-nine years later, with almost infinite information 
about anything available via a quick Internet search, fast talking radio announcers and tiny print on a TV 
screen are usually not the most effective means to communicate this kind of information.  It is great that 
the Commission has recognized this reality and moved decisively to allow broadcasters to meet their 
disclosure obligations by posting contest terms on the Internet.  Adding this flexibility will vastly improve 
consumer access to contest information, by making it possible to put that information where interested 
consumers are most likely to look, and where they will be able to read and digest it 24 hours a day.
The key word there is flexibility, and I appreciate that this Order takes the flexible approach of 
allowing rather than requiring Internet disclosure of contest rules.  As I have said, this update should 
make complying with the rules easier for broadcasters, not more difficult, so those that wish to continue 
their current on-air disclosure practices should be free to do so.  That being said, I predict many 
broadcasters will take this opportunity to revisit their disclosures and free up some valuable airtime for 
more content, while consumers interested in participating in contests will be equipped with more 
information than ever before.  This is a true win-win, and I wholeheartedly approve.
                                                     
1
Petition for Rulemaking filed by Entercom Communications Corp., CGB Docket No. RM-11684 (filed Jan. 20, 
2012).