Sunday, December 5, 2010

How to complain to the FCC / re: American Clean Skies Foundation.

If you are upset about the recent program which has been airing
on broadcast television, a very slick pro-gas infomercial called
Shale Gas and America's Future  http://vimeo.com/16303687
this note will give you some ideas about who to complain to.

In case you don't already know, the program's creator
"American Clean Skies Foundation" (ACSF)
is a classic industry Front Group used for Public Relations.
It is Chesapeake Energy who is behind the ACSF.
Here is the Guidestar entry (must register for a free account to view)
See below for their address and mission statement.
  • http://www2.guidestar.org/ReportNonProfit.aspx?ein=20-8837141&name=american-clean-skies-foundation

        ACSF:     750 1ST St Ne Ste 1100, % Denise Bode, Washington , DC 20002 

        www.cleanskies.org     202-682-6294

        Category (NTEE):   Environmental Quality Protection, Beautification
               (Research Institutes and/or Public Policy Analysis) 
        Year Founded: 2007

        Mission Statement

        The American Clean Skies Foundation was formed to educate the American public about clean energy- particularly natural gas and other clean fuels such as wind and solar- and about the need for greater energy efficiency, and for any other exclusively religious, charitable, scientific, literary and educational purpose included within the meaning of section 501(c) (3) of the Internal revenue Code of 1986 or the corresponding section of any future tax code (the "Code")




I believe there are 3 ways to address this.

1: FCC complaint against all broadcast outlets running this infomercial.
    We might want to get the assistance of FAIR.org.

2: Complain to the IRS that ACSF is not a not-for-profit, and should have this status
     revoked.

3: Complain to our State Attorney General and Secretary of State
    that the ACSF is engaging in industry propaganda and thus not a not-for-profit,
    and should have their state charter revoked.


Here is the detail on how to make the FCC complaint.

If you see or hear anything offensive, or deceptive/misleading on
any broadcast station, the best thing you can do is complain to the FCC.

If they get one complaint, likely nothing will be done.
If they get 1,000 complaints, then the FCC may take action.

Please note the exact date, time, and channel where you saw this show.

The FCC will likely only pay attention if there is a clear violation of law.

Unfortunately, the judicial trend has been over the last few years
that corporations are persons with First Amendment rights of
free speech, and can say anything they want, including lie.

There are a couple of ways we can assert a right of standing.

1: Licensed broadcasters are obligated to serve the
    "public interest, convenience, and necessity" (1934 Communications Act)
    http://www.museum.tv/eotvsection.php?entrycode=publicintere

    Is truth in the public interest? What specific statements in the show
    do you feel were misleading, deceptive, or outright incorrect (lies)?

2: FCC rules 47 CFR § 73.1212 states:

"When a broadcast station transmits any matter for which money...
is either directly or indirectly paid ... the station, at the time of the broadcast,
shall announce that such matter is sponsored ... and by whom or on whose
behalf such consideration was supplied."

Did you hear an announcement that this program was paid for by
Chesapeake Energy? I didn't!

So the law states, if the money for the airtime for this program comes from the gas industry, then this must be clearly identified.

3:  General complaint about Public Access vs. Paid Access:

There is a structural problem with the way the public airwaves
have been regulated since the earliest days in the United States.
The FCC was organized under the Commerce Clause.

The 1934 Communuications Act begins:

"For the purpose of regulating interstate and foreign commerce
in communication ..."

When the public airwaves are enclosed such that there is
NO public access to the broadcast commons, a
nd the only way to get access is by paying money,
and the corporations which run the broadcast outlets
are organized as for-profit corporations,

then naturally the effect will be that the information
presented on broadcast radio/TV will have a pro-money-bias,
which will tend to displace information about topics which
are about human rights, and the environment.

Broadcast outlets cannot simultaneously serve
private profits
and the public interest. These work against each other.



Complain to the FCC
Federal Communications Commission, Washington DC

Complain by phone:

Call 1-888-CALL-FCC (1-888-225-5322) during business hours M-F.
GET A CASE NUMBER.

Or, email your complaint in your own words to: fccinfo@fcc.gov

Politely ask the FCC enforce their own rules, and that serving truth is in the public interest.

Complain to the FCC online:

https://esupport.fcc.gov/ccmsforms/form2000.action?form_type=2000E

Here is how to fill out the form:

Fill in your contact info at the top, then fill in the blanks below:

1:  Owner of the station / broadcast call letters

2: a) Broadcast call letters
b) broadcast channel (second box)

3: --------skip-----------

4 a) : --------skip-----------
b) "name of the show"
c)  Date it ran
d) Time it ran

5: a) : --------skip-----------
b) : --------skip-----------
c)  Enter your comments, limited to 1000 characters.








Guidestar info about ACSF:

ACSF:
750 1ST St Ne Ste 1100
% Denise Bode
Washington , DC 20002 

www.cleanskies.org
202-682-6294

Category (NTEE):
Environmental Quality Protection, Beautification
(Research Institutes and/or Public Policy Analysis) 
Year Founded: 2007 


Mission Statement

The American Clean Skies Foundation was formed to educate the American public about clean energy- particularly natural gas and other clean fuels such as wind and solar- and about the need for greater energy efficiency, and for any other exclusively religious, charitable, scientific, literary and educational purpose included within the meaning of section 501(c) (3) of the Internal revenue Code of 1986 or the corresponding section of any future tax code (the "Code")







On Sun, Dec 5, 2010 at 8:35 AM, Sheila Cohen <scohen3@twcny.rr.com> wrote:
Info below about a program American Clean Skies Foundation ran on an Albany station.  There is apparently a video one can request.   Sheila  

Begin forwarded message:

From: gay garrison <gaysemail@yahoo.com>
Date: December 5, 2010 8:30:19 AM EST
Subject: [NYGCG] Re: [sustainableotsego] www.cleanskies.org

Notify them with complaints: (and please forward this contact info to your lists so they may also call).

WNYT-TV
715 N. Pearl St.
Albany, NY 12204
1-800-999-WNYT

For questions regarding Closed Captioning contact:

Maryann Ryan
Director Public Affairs, Programming & Special Promotions
maryan@wnyt.com

518-207-4880 direct line
518-207-4881 fax



--- On Sun, 12/5/10, Tom & Lisa Pritchard <anotherthyme@yahoo.com> wrote:

From: Tom & Lisa Pritchard <anotherthyme@yahoo.com>
Subject: [sustainableotsego] www.cleanskies.org
To: "Sustainable Otsego" <sustainableotsego@lists.riseup.net>, "Sustainable Otsego" <sustainableotsego@lists.riseup.net>, "Bethlehem Neighbors for Peace" <bethlehem_neighbors_for_peace@yahoogroups.com>, "CfD-CNS" <CFD_CNS@yahoogroups.com>, "Guilderlandfor Peace" <guilderlandforpeace@lists.riseup.net>, "Troy Simplicity Group" <simple-and-sustainable@googlegroups.com>
Date: Sunday, December 5, 2010, 7:16 AM

The American Clean Skies Foundation www.cleanskies.org just sponsored and presented a half hour infomercial on Channel 13 in Albany from 6:30 a.m. to 7:00 a.m on Natural Gas and Horizontal High Volume Hydraulic Fracturing.  They indicated that DVD's are available from their web site.  It was about what you would expect from the industry perspective.  Chesapeake Energy was the featured company and Pennsylvania was the featured location.  There are, as you would anticipate, as many half-truths, conflicting "facts," and blatant propaganda as you could hope for.
In this time of governmental funding crises, there is no assurance that our environment will be protected when this kind of "relief" is being suggested.
 
Tom Pritchard

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