Due to violations of Sponsorship/Underwriting regulations, Pacifica Foundation is under a Consent Decree with the FCC until the end of April 2026. This settlement agreement affects all of Pacifica’s stations, which includes KPFA, and consists of training and procedures to keep everyone in strict compliance with the restrictions for non-commercial stations concerning promotional language.
All station on-air programmers are agents of KPFA and Pacifica, and are restricted from promoting anything on-air other than the station and the Pacifica Foundation.
Programmers and anyone working or volunteering for KPFA are not allowed to benefit personally from being on a show. Airtime cannot be used to provide any potential benefit to their own business, any business owned by family or friends, or, to anyone providing a consideration to them. To do so would be plugola. Even the appearance of plugola could engender a complaint that could be as damaging as actual plugola.
Programmers CANNOT talk about their own product (book, CD, art, event, service, etc.) on the air. The only allowable mention would be in the Sponsorship ID, which airs right before and after their show. Speaking about any product that the programmer or any other person associated with Pacifica sells is prohibited by the FCC.
If you interview another programmer, or anyone who works or volunteers for the other sister stations (WBAI, WPFW, KPFT and KPFK) or any other unit within Pacifica, they are not considered as a guest and they cannot commit plugola on your show.
Fundraising with Thanks You Gifts
There are extra dangers when a thank-you gift or giveaway gift is donated to the station, as it adds an extra consideration level for potential violations. These dangers are compounded if the donation is made by someone associated with Pacifica or the station (such as a programmer), and restricts what language is permissible under the FCC rules. Both of these two scenarios require Sponsorship IDs to be broadcast immediately before and after any show providing these gifts. Sponsorship ID scripts require careful preparation, must be vetted by management and attention to how they are presented on the air.
Language you CANNOT use to describe a thank you gift:
- Comparative or qualitative language to describe an event, product, or service. For example, do not use words such as “good,” “great,” “best,” “better,” “highly regarded,” “famous,” “award-winning,” “latest,” etc.
- Repetition of information. You can mention the pledge line number as many times as you want, but mention the thank-you-gift at most four times an hour and only once during each pitch break.
- Any reference or allusion to cost (including “free”), discounts, or sales.
- Calls to action (directly telling the listener to do something)
- Inducements to buy, sell, or lease (e.g., buy-one; get-one)
The type of things you CANNOT say during fundraisings:
Non-Compliant Fundraising Example: “When you become a member, you can get this history-making 50-year anniversary t-shirt that we’re offering only during this fund drive. After the drive, no more t-shirts. It’s got a really cool picture on the front of a microphone and lightning. When they see you wearing this at [location] they won’t be able to keep from asking you where you got it! It’s that spectacular. So, dig in, call in now and make your pledge and get this awesome t-shirt to let everyone know you’re part of KPFA. Double your pledge and get a mug with it. T-shirt and Mug and KPFA – all in one big package. Call now.”
Annotated Non-Compliant Fundraising Example: “When you become a member you can get this history-making 50-year anniversary t-shirt (qualitative language) that we’re offering only during (inducement) this fund drive. After the drive, no more t-shirts (inducement). It’s got a really cool picture (qualitative language) on the front of a microphone and lightning. When they see you wearing this (inducement) at [location] they won’t be able to keep from asking you where you got it (inducement)! It’s that spectacular (qualitative language). So, dig in, call in (calls to action) now and make your pledge and get this awesome t-shirt to let everyone know (qualitative language and inducement) you’re part of KPFA. Double your pledge and get a mug with it (call to action and inducement). T-shirt and Mug and KPFK – all in one big package (inducement and qualitative language). Call now (call to action, repetition).”
What you CAN say during fundraising:
Compliant Fundraising Example: “Membership in KPFA is what keeps us on the air. When you join, you help us pay the bills so everyone can listen. And you’re part of the Bay Area community of people who care about the unique non-commercial voice that lets us know what’s really going on in the music world, the political world, and the plain just keeping-it-together world. We even offer a KPFA t-shirt as a thank you to remind you and your friends of your commitment to free speech. So, pick up the phone and become part of this remarkable experiment in free speech. Or maybe add a little to your current subscription. Every penny counts.”
Sponsorship ID Announcements
When a radio station receives money or anything else of value from an organization or individual(s), and that donation is made to the station explicitly for the broadcast of a specific program, then stations (such as the Pacifica sister-stations) will need to air the name of the sponsor and announce that the sponsor has provided support for the show, at the start and end of that show. This is called a “Sponsorship ID Announcement” and it cannot be promotional in any way. Donations to the station that support general operations do not need to be announced in this way.
Similarly, if the show host’s or producer’s profession, such as a healthcare professional, author, or musician’s business is associated with the theme of the show, then a Sponsorship ID announcement is required to be recorded and played over the air right before the program starts and right after the program ends every time the show airs. Pacifica policy requires that Sponsorship IDs only air between programs. The Sponsorship ID provides full disclosure between the on-air programmer and their business, if closely related to the show’s theme which is required by the FCC. Examples of the need for this announcement would be for a musician who hosts a music show and plays their music, a lawyer who speaks about law issues and is part of a law firm, an accountant who speaks about money matters and has a financial business, a healthcare professional who has their own business and hosts a health show or a political show hosted by an author who writes books or is paid to write articles about politics for publication. We want to make sure there is no appearance of the host receiving compensation for doing their show. On-Air Programmers cannot promote their own business over the air. To do so would be plugola.
Sponsorship ID announcements take the form of: “[Program name] is sponsored by [business or individual] [non-promotional description]. More information at [phone number or website location]”. The Sponsorship ID Announcement must be under thirty seconds. The rules for Sponsorship are the same as those for Underwriting.
*Please note, KPFA is listener sponsored radio, we do not do underwriting. Also, Sponsorship from a business is not in alignment with our messaging. Sponsorship from a non-profit organization is a possibility, generally for a co-sponsored event or where KPFA is a media sponsor of an event. Sponsorship from a non-profit will need to be approved by management.
Sponsorship ID announcements MAY NOT contain the following language:
- Language that is promotional.
- Comparative or qualitative language to describe an event, product, or service. For example, do not use words such as “good,” “great,” “best,” “better,” “highly regarded,” “famous,” “award-winning,” “latest,” etc.
- Repetition of information.
- Any reference or allusion to cost (including “free”), discounts, or sales.
- Calls to action (directly telling the listener to do something).
- Inducements to buy, sell, or lease (e.g., buy-one; get-one).
All Sponsorship ID announcements should be recorded and produced as a dry read. Instead of adding music for the spot, they can be played during a music bed between programs. Please note that a Sponsorship ID announcement that sounds commercial will be seen by the FCC as a commercial. Spots should be pre recorded as announcers/programmers might improvise and may inadvertently violate the restrictions.
Sponsorship ID announcements are generally expected to be under 20 seconds. The FCC will consider any underwriting spots over 30 seconds to be impermissibly promotional.
Sponsorship ID announcements MAY contain the following language:
- Name of Sponsor.
- Sponsor’s address, web site, and phone number.
- Length of time the sponsor has been in business.
- Brand or trade name of the sponsor’s product, service, or event.
- Name of sponsor’s product, service, or event.
- Sponsor’s well-established slogan that the public already associates with the sponsor.
- Value-neutral description of an event with a date, service, or product.
If you think you are required to have Sponsorship IDs for your show, contact the Program Director or your direct supervisor and send an email to [email protected] with the details of your situation. Management will determine a compliant course of action.
If you have not had Pacifica’s training on compliance with the Consent Decree, please contact [email protected] to attend one of the monthly classes offered to all Pacifica staff.