Production Board Operation Regulations for Legal 497P
Though this is probably the first venture into the broadcast industry for most of you, you will still be required to adhere to operating policies and procedures set forth by the FCC, WMUA, the Student Government Association, and the University of Massachusetts Board of Trustees.
NOTE: More complete descriptions of these rules can be found in the WMUA Station Manual available from the WMUA website (http://wmua.org).
Program Elements
Given that you will be pre-producing your programs, you will not need to be familiar with the full range of board operations that are required in order to be a duty operator. However, you will need to be aware of some basic program elements that must be incorporated into your program, by law, so that you may be permitted to broadcast it.
Legal IDs
The first of these program elements is the legal station identification, otherwise known as a legal ID.
By definition, a legal ID contains two parts: first, the call letters of the station, and second, the community of license.
Station call letters are most often a unique four-letter sequence. "WMUA" is one example of a station’s call letters.
The community of license is the location of the licensed transmission facilities. WMUA’s community of license is "Amherst". Sometimes you will hear a station identify more than one community of license, such as the case of WFNX, which states "Lynn, Boston". This is because the facilities of WFNX are located in several places.
Technical information, such as operating frequency and whether or not it is stereo, may be said between the call letters and the location. Words such as "in" or "at" may be used. The longest legal ID would sound like this: "WMUA, at 91.1 FM, stereo, in Amherst", but all that is necessary is "WMUA, Amherst." The preferred identification is "WMUA, Amherst".
The FCC requires station identification within a window of 6 minutes every hour: either 3 minutes before or 3 minutes after the top of the hour.
For more information on Legal IDs, see "47 CFR §73.1201 Station Identification" or Appendix C of the WMUA Station Manual.
Public Disclaimer
A second of these program elements is the disclaimer.
By definition, a disclaimer is a "repudiation or denial of responsibility or connection" (American Heritage). The intent of a disclaimer is to prevent a party from being held liable, in a court of law, for something that they did or said.
In the context of the broadcast industry, programmers often air disclaimers before programs that, in their opinion, have some likelihood (however small) of inviting lawsuits. These disclaimers usually intend to inform the general public that the owners of the station are not responsible for any offensive content that is broadcast on that station. This does not mean that the programmer may air anything that they wish after airing a disclaimer, since a disclaimer is little more than a warning to listeners and since broadcasters are still held liable, though in a more limited respect, for the content they broadcast.
It is WMUA’s policy that all Public Affairs programs air a disclaimer before and after they air. The relevant portion of the policy is as follows:
As a radio station we play a large role in shaping public opinion through the music we play, the Public Service and Promotional announcements we air and through what we say over the microphone. Because the medium (radio) through which we speak carries with it a certain power and authority, it is important for the listener to know exactly who is speaking and whose views the speaker represents. This is especially important when the subject is of a sensitive political or social nature.
Therefore, any radio program, including, but not limited to, public affairs shows, that contains the individual expression of views and opinions around political or social issues must preface the broadcast with the pre-recorded announcement labeled: "Disclaimer for Public Affairs Shows". One may choose to go on-mic and give the same disclaimer as appears on the cart. The announcement states:
The views and opinions expressed are solely those of the speakers and do not necessarily represent the views and opinions of WMUA, its management board, or the Board of Trustees of the University of Massachusetts.
Regulations on the Content of a Broadcast
In addition to being required to include legal IDs and public disclaimers, programmers must adhere to several regulations that prohibit certain kinds of content from being broadcast.
Obscenity and Indecency
Being Legal Studies students, you probably recognize the difficulty of limitations on content based on some concept of obscenity or indecency. However, the legal language that governs the broadcast industry is rich in such language, and it is the role of the program producer to put those seemingly vapid terms into practice. The FCC has stiff fines for violating their rules of obscenity and indecency.
The FCC does allow a period of freedom from obscenity and indecency regulations every evening, however, between the hours of midnight and 6:00 AM. This time is called "safe harbor". However, due to WMUA’s strong ties with students, the community, and the University of Massachusetts, WMUA long ago decided that it would not observe safe harbor hours. Thus, program producers must adhere to the FCC’s obscenity and indecency rules at all times.
The FCC defines obscenity as any material that meets the following criteria:
1. The average person finds it lewd by contemporary standards.
2. It describes sexual conduct in an offensive way.
3. The material, as a whole, lacks serious literary, artistic, political or scientific value.
The FCC defines indecency as the following:
Language or material that depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs.
For more information on obscenity or indecency, see "47 CFR §73" or Appendix C of the WMUA Station Manual.
On-Air Telephone Calls
Since your program will be pre-recorded, there is very little chance that you broadcast something that you did not intend. However, it is important that you are familiar with the FCC’s (and WMUA’s) rules on broadcasting telephone conversations.
As the program producer, you are responsible for all the content that you broadcast on-air. Utterances by those other than yourself, namely those that are being broadcast via a telephone line, are no exception. If you air a telephone conversation with a person you (as board operator) place your reputation and license, and the reputation and license of WMUA at risk. You also subject yourself to discipline by the EComm (see WMUA Obscenity/Indecency Policy).
Use good judgment before airing a telephone call. Program Producers should consider this: Is this conversation of interest to the majority of people listening?
NOTE: It a violation of FCC regulation 73.1206 to put any phone caller on the air without his/her prior consent (even your friends). Don’t do it! Don’t pretend to do it! You need consent each time you put someone on the air.
For the complete text of the FCC’s rule for broadcasting telephone calls, see "47 CFR §73.1206 Broadcast of Telephone Conversations" or Appendix C of the Station Manual.
Anti-Oppression Policy
WMUA also has it’s own anti-oppression policy. Though many of you are not WMUA members, and need not worry about losing your WMUA membership, other penalties can be assigned if the WMUA management believes that you are violating its anti-oppression policy, including, but not limited to, refusal to broadcast your final project and permanent prohibition from using WMUA’s facilities. The policy is as follows:
We live in a society that has historically and systematically discriminated against people of color, sexual orientation, religious minorities, women and people with mental and physical disabilities. In our Constitution and in our operations, WMUA has made a conscious effort to promote positive images of all social groups. As an organization, WMUA believes that no one is free until all are free.
Recognizing our unique and powerful role in shaping attitudes and opinions, each station member shall attempt to present programming that upholds these ideals and which does not promote negative images of any of the above-mentioned groups of people. Station members who present programming that, in the opinion of the Program Director, shows blatant disregard for these ideals shall be subject to disciplinary action.
Other Policies
WMUA also has a variety of rules that apply to the use of WMUA’s facilties. Since you are a guest of WMUA, you will be expected to observe those rules. They are as follows:
WMUA Equipment Borrowing Policy
There are various pieces of equipment such as portable tape recorders, microphones, etc. that are available for station members to use for station-related business. The Production, News, and Sports Directors, along with the members of the Executive Committee, are responsible for administering the use of this equipment.
When a station member wishes to borrow equipment, she or he assumes the following responsibilities:
1. He or she must sign the equipment out through the Production, News, Sports Directors, or an Executive Committee member by completing an entry on the equipment sign-out sheet.
2. The borrower must return the equipment on time to a Production, News, or Sports Director, or an Executive Committee member in person.
The Production, News, Sports Directors, and the Executive Committee have the authority to deny requests for equipment that she or he feels will not entail station business. In addition, if there are more requests than can be filled at a given time, the Production, News, Sports Directors, and the Executive Committee have the authority to prioritize the requests as she or he sees fit. Such decisions can be appealed to the Executive Committee.
Anyone who removes equipment from the station without following the above signout procedure will be responsible for recovering the cost of the equipment in the event that it is lost, stolen, or damaged.
Alcohol Policy
In accordance with the University's liquor license no open containers of alcohol are allowed in the Campus Center. This includes WMUA. In addition, the FCC prohibits the board operator from consuming alcohol while on-air. The signed operator (i.e. the PROGRAM PRODUCER signed into the logs) is ultimately responsible for the enforcement of this Policy throughout the station. If the situation goes beyond the operator's control, he or she is obligated to call the UMass police at 5-0012 for assistance.
Penalties for violating the Alcohol Policy:
The person will be prohibited from using WMUA’s facilities.
Food and Drink Policy
WMUA owns tens of thousands of dollars worth of equipment in its three broadcast studios: Master Control, News and Production. This substantial investment in technology must be protected from potential damage caused by the careless handling of food and drink in the studios.
Located in the basement of the Campus Center, WMUA's studios have historically been subject to infestations of roaches.
Because of these two concerns:
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Food and drinks may be consumed in the studio entrance area, tech room and the offices.•
Anyone eating or drinking in any of the allowed areas at WMUA is expected to properly dispose of all food, beverages and containers when done.In the event that a piece of equipment is damaged while failing to observe the food and rink policy, the person will be responsible for recovering the cost of the equipment to WMUA.
Smoking Policy
In accordance with the University and Campus Center regulations, there is no smoking in any part of the WMUA studios. The signed operator (i.e. PROGRAM PRODUCER signed into the log) is ultimately responsible for the enforcement of this policy.
Record and Equipment Theft Policy
Things do not leave WMUA. The only exception is that recording equipment and records may borrowed with the appropriate permission (see EQUIPMENT BORROWING POLICY).
Penalties for stealing from the station:
1. If the thief is a member, s/he will lose their membership. The Executive Committee reserves the right to make this a permanent loss of membership.
2. If the thief is a University of Massachusetts student, he or she may be prosecuted under the terms of the Student Code of Conduct.
3. WMUA can also prosecute the thief in a court of law.
Harassment Policy
WMUA wishes to emphasize that discrimination and harassment against, by, between, or among WMUA members, visitors, and guests will not be tolerated. Discrimination or harassment based on a person's race, color, religion, sex, age, national origin, sexual preference, or disability is in violation of University policy.
WMUA operates under and fully supports the University's Sexual Harassment, Non-discrimination, and Affirmative Action policies. WMUA encourages any person who feels that they are a victim of discrimination or harassment to report any misconduct to the appropriate on-campus services:
Affirmative Action and Equal Opportunity Office - 545-3464
Ombuds Office - 545-0867
Everywoman's Center - 545-0883
Dean of Students Office - 545-2684
The victim should also contact the WMUA Advisor.
Penalty for violating the Harassment Policy:
Any person found guilty of discriminating or harassing another person under the University's policies will immediately and permanently lose their WMUA membership and may be prosecuted in a University proceeding or in a court of law.