For the first time since its decision in Applicability of the Fairness Doctrine to Cigarette Advertising, 9 F.C.C. 2d 921 (1967), the Federal Communications Commission last month held the doctrine's requirements applicable to specific one-minute spot television commercials. In re Complaint by the Wilderness Society and Friends of the Earth, Concerning Advertisements Sponsored by the Standard Oil Company of New Jersey (Esso) and Shown Over the National Broadcasting Company (NBC), 1 ELR 30043 (June 30, 1971). See also the discussion in last month's Summary and Comments, The Fairness Doctrine, 1 ELR 10087-90. Involved were three one-minute Esso commercials shown over NBC television asserting that arctic oil was needed and that oil products could be developed and brought to market without wreaking ecological havoc on the Alaskan tundra. (Full texts of the commercials are set forth in the FCC opinion). The Commission held that the three spot commercials presented one side of a controversial issue of public importance, namely whether the production and transportation of arctic oil is environmentally safe, and that the licensee's claim that they simply represented "institutional" or "goodwill" advertising was unreasonable. Brief treatment by the licensee of the pipeline controversy on its regular news and interview programs was held by the Commission not to have afforded "reasonable" opportunity for the presentation of contrasting views to those presented in the commercials, e.g., the possible adverse ecological and environmental effects and the possibility of obtaining oil elsewhere." 1 ELR 36010. NBC was given 10 days to submit to the Commission a statement indicating what additional materials it plans to present that will air views opposite to those expressed in the Esso commercials "concerning the need to develop Alaskan oil reserves and the ability of oil companies to develop and transport oil without environmental damage." 1 ELR 36011.

In view of the extensive treatment afforded the subject of spot television commercials and the Fairness Doctrine in last month's Summary and Comments, only a few additional observations are warranted here in the light of the most recent FCC ruling.