A Court Ruling That May Create Angst in PBS Land

The main problem with public broadcasting is funding. Memberships are down, state funding is becoming almost extinct, and most federal budget plans call for the end of funding to the Corporation for Public Broadcasting (CPB, PBS, and National Public Radio (NPR).  Of these entities NPR is the most deserving of the funding lost.  Cutting off all the funding for CPB will hurt stations.

There have been several studies on how to replace funding for stations. A recent won commissioned by CPB noted that 130 stations would be at risk for closing without Federal funding.

Critics of Federal funding have said stations should be able to sell "advertising."  Under current Federal law and FCC regulations non-commercial educational stations are prohibitive from airing advertisement.  Stations are allowed to "sell" underwriting to support programs.  Since the introduction and acceptance by stations of 30-second spots, the line between underwriting and advertising has been blurred and often crossed.

In April the US Ninth Circuit Court, the most overridden court in the country, in Minority Television Project v. FCC determined that public broadcasting stations may air political and other public issue commercials. Since the case is likely to be appealed, broadcasters should not expect to rake in millions quite yet.


Now the Department of Justice is asking the Ninth Circuit to reconsider the case because the ruling "threatens the noncommercial, educational character of public broadcasting."  Surprising as it seems, the DOJ has this one right.

From Current