Examples - Personal Attack Rule

Report No. MM 95-80 MASS MEDIA ACTION August 16, 1995

FCC AFFIRMS BUREAU ACTION GRANTING SPANISH RADIO NETWORK'S TRANSFER OF CONTROL OF SIX RADIO STATIONS TO HEFTEL BROADCASTING CORPORATION

The petitioners sought to deny transfer of control of all six stations to Heftel based on three main allegations: a) that the acquisition of control of the Miami-area stations by Heftel would violate the Commission's local radio ownership rules, because the stations would have a combined audience share in excess of 25 percent when only Spanish-language stations are considered; b) that two of the stations, in which Heftel already held a minority ownership interest, had violated the personal attack rule; and, c) that one of the other stations in which
Heftel held a minority interest had engaged in an incitement to violence against opponents of viewpoints espoused by that station. ownership rule. The Bureau also found that the petitioners failed to present evidence that the alleged personal attacks took place during a discussion of a controversial issue of public importance. The Bureau's letter found that the petitioners's personal attack claims were undermined by the fact that none of the persons identified as targets of the attacks contacted the stations to invoke their rights under the personal attack rule. The Commission stated that generally it does not entertain a personal attack complaint where the complainant has not first contacted the station and afforded the station an opportunity to respond.