Resolution - Racial Discrimination in Broadcast Advertising

WHEREAS: Hispanic broadcasters have been leaders in promoting positive images of Hispanics and in providing public discussion and awareness of issues affecting Hispanics; and

WHEREAS: Hispanic broadcasters are able to serve the needs of the Hispanic community only if they can compete with other broadcasters in generating advertising revenue; and

WHEREAS: A “no Spanish Dictate” (NSD) is an instruction by an advertiser to its agency not to purchase airtime on broadcast stations that primarily serve Hispanic audiences; and

WHEREAS: Research sponsored by the FCC and others has found that NSDs cost Hispanic broadcasters 5-10% of the revenue they would otherwise earn; and

WHEREAS: The Minority Media and Telecommunications Council (MMTC) estimates that NSDs cost Hispanic broadcasters at least $100,000,000 annually; and

WHEREAS: On December 18, 2007, at the urging of 29 national organizations including LULAC, the FCC unanimously adopted a rule (the “Advertising Nondiscrimination Rule”) that requires broadcast stations to certify, on their license renewal applications, that their advertising contracts are nondiscriminatory and contain nondiscrimination clauses; and

WHEREAS: The Advertising Nondiscrimination Rule will take effect on July 15, 2008; and

WHEREAS: Successful enforcement of the Advertising Nondiscrimination Rule could stimulate efforts to secure legislation that would provide an administrative remedy for racial discrimination in all forms of commerce; and

WHEREAS: Enforcement of the Advertising Nondiscrimination Rule will require a national campaign of public education, research, negotiations with corporations using NSDs, and possibly litigation; and

WHEREAS: As the largest Hispanic organization in the United States, LULAC is uniquely suited to take a leadership role in securing the enforcement of the Advertising Nondiscrimination Rule; and

WHEREAS: MMTC has offered to assist LULAC by providing the research and compliance materials necessary for the enforcement of the Advertising Nondiscrimination Rule.

THEREFORE, BE IT RESOLVED THAT: Through public education, research, negotiations and litigation, within the limits of its resources, the League of United Latin American Citizens will play a leadership role in securing compliance with the Advertising Nondiscrimination Rule.

Approved this 11th day of July 2008.
Rosa Rosales
LULAC National President