Page:United States Statutes at Large Volume 95.djvu/760

 95 STAT. 734

26 USC 501.

Regulations.

PUBLIC LAW 97-35—AUG. 13, 1981 (C) If a licensee elects not to participate in the demonstration program, after receiving notice of its selection from the Corporation, then the Corporation shall select an alternate licensee. (D) The exemption from income tax of any public broadcast station licensee under section 501(a) of the Internal Revenue Code of 1954, relating to exemption from taxation, shall not be affected by the participation of such licensee in the demonstration program. (3) The Corporation shall make selections under paragraph (2), to the extent practicable, in a manner which ensures that— (A) a representative geographical distribution of public broadcast station licensees will be achieved; (B) licensees serving audiences and markets of various sizes will participate in the demonstration program; (C) licensees with operating budgets of various sizes will participate in the demonstration program; (D) different types of licensees will participate in the demonstration program; and (E) in the case of public radio station licensees, licensees with different types of programming formats will participate in the demonstration program. (c) Each public television station licensee or public radio station licensee which is selected by the Corporation for Public Broadcasting under subsection (b) shall be authorized to broadcast qualifying advertising in accordance with subsection (d). (d)(l)(A) Except as provided in subparagraph (B), any qualifying advertising announcement which is broadcast by any public television station licensee or any public radio station licensee may be broadcast only at the beginning or at the end of regular programs, and may not interrupt regular programs. (B) In the case of any regular program which is 2 or more hours in duration, any public radio station licensee may broadcast (subject to paragraph (2)) a qualifying advertising announcement during the program, but only (i) during a break in the program scheduled for station identification; or (ii) at other times which will not unduly disrupt the program. (2) Any qualifying advertising announcements which are broadcast consecutively by any public television station licensee or any public radio station licensee may not exceed 2 minutes in duration. Such licensees may not engage in any such consecutive broadcasts of qualifying advertising announcements more than once during any 30-minute period. (3)(A) The Commission shall prescribe regulations which specify the t3T)es of advertisements which may be broadcast by licensees during the demonstration program. The Commission may authorize licensees participating in the demonstration program to broadcast institutional advertisements and advertisements relating to specific products, services, or facilities. Licensees shall not be authorized or required to broadcast any advertisement which— (i) is intended to promote any opinion or point-of-view regarding any matter of public importance or interest, any political issue, or any matter relating to religion; or (ii) is intended to support or oppose any candidate for political office. (B) The Federal Communications Commission shall have authority to determine in disputed cases whether any advertising announcement shall be considered to be qualifying advertising for purposes of this section.

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