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ARTICLE · 26 FEBRUARY 2025

FCC Issues Warning Over "Payola" Practices

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Earlier this month, the Federal Communications Commission issued an Enforcement Advisory warning radio broadcasters not to engage in "payola" practices...

United StatesMedia, Telecoms, IT, Entertainment

Earlier this month, the Federal Communications Commission issued an Enforcement Advisory warning radio broadcasters not to engage in "payola" practices in connection with having musical artists perform at radio station events or festivals.

As the FCC explained, "payola" is the "unreported payment to – or acceptance by – employees of broadcast stations, program producers, or program suppliers of any money, service, or valuable consideration to achieve airplay for any programming." If a payment has been made in exchange for airplay, the broadcaster is required to disclose that during the broadcast.

In its Enforcement Advisory, the FCC expressed a concern about the manipulation of radio airplay by a broadcaster based on a musical artist's agreement to participate in a broadcast station's promotion or event, often without receiving payment for the appearance.

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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