KD slapped with fine

February 5, 2009 Off By Eric O'Brien

As reported on Radio Online, the FCC has fined KDKA-AM (1020) $6000 (AKA a Notice of Apparent Liability) for airing information about a contest without giving all material terms. The broadcast in question occurred November 22, 2007 when host Marty Griffin announced he would give away $1 million to the thirteenth caller followed by “a million an hour” after that. A listener (the complainant) alleges that he called the station and was told he was the 13th caller, and spent 43 minutes on hold before getting on the air. Once on the air with Griffin, who asked the listener a question about Thanksgiving, the listener proceded to ask about the prize and was disconnected. The listener called back and was told there was no prize.

CBS Radio has not disputed the broadcast of the material, but contends that this particular broadcast was, at most, a “harmless prank” – neither a contest or hoax under FCC rules. The Commission disagreed saying that the rules should not apply because the station saw this as a joke. KDKA has 10 days to pay or appeal.