FCC rules in favor of WHDD in allegation

SHARON — The Federal Communications Commission has declined to pursue a complaint of improper political activity from Region One Assistant Superintendent Diane Goncalves against Marshall Miles of Nati onal Public Radion station WHDD (robinhoodradio.com).Goncalves complained that Miles violated Section 399 of the Communications Act of 1934, which is unusually concise: “No noncommercial educational broadcasting station may support or oppose any candidate for public office.”Mark L. Berlin of the FCC wrote in a March 30 letter to Miles that “the restriction in Section 399 has been limited to the endorsement or opposition of candidates by the station itself” and that Miles had stated at the beginning and end of his on-air statements that the opinions were his own.Berlin noted Goncalves claimed that because WHDD’s only officers are Miles and two people appointed by him, “your involvement and air presence are tantamount to you being the spokesman for the station.”But Berlin said the FCC has “concluded it would be an unnecessarily broad construction of Section 399 to prevent all personal expression of views on public issues by employees of a noncommercial educational broadcast station. We also believe that your endorsement of certain school board candidates on the air was permissable — as long as you clearly indicated that it was your personal opinion and not that of the station.”

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