Commerce and Trade
Other Laws Relating to Commerce and Trade
CHAPTER 38. Broadcasting Supplementary Public Notices
As used in this chapter unless the context requires a different meaning:
(1) “Broadcast” means the transmission of information by means of radio or television facilities.
(2) “Notice” means any notice that is required by law to be published.
(3) “Station” means any radio or television station licensed for commercial or educational operation by the Federal Communications Commission.6 Del. C. 1953, § 3801; 56 Del. Laws, c. 431.;
(a) Any state or other public officer who is required by law to publish any notice, may supplement publication thereof by causing such notice or a concise summary or description thereof to be broadcast at such times and with such frequency determines to be suitable when, in the officer’s judgment, the public interest is served thereby.
(b) Notices by political subdivisions of this State, cities, municipal and quasi municipal corporations, special districts and other public agencies shall be made only by stations whose primary broadcast coverage encompasses the county or counties in which the notice is required to be given.6 Del. C. 1953, § 3802; 56 Del. Laws, c. 431; 70 Del. Laws, c. 186, § 1;
(a) In the broadcast of the notice or material under this chapter, no reference by name to any person who is a candidate for elective public office at the time of the broadcast shall be made.
(b) Each station that broadcasts any notice or material under this chapter shall retain at its office a copy or transcription of the text of the notice or material as broadcast for a period of 6 months after the broadcast. The copy or transcript shall be available for public inspection at reasonable times.6 Del. C. 1953, § 3803; 56 Del. Laws, c. 431.;
Proof of publication of the notice or other material under this chapter shall be by affidavit of the owner, manager, assistant manager or program director of the station, in substantially the following form:
AFFIDAVIT OF BROADCAST
State of Delaware,
County of________________________________ ss
I, ______________________________________________________ being first duly being first duly sworn, depose and say that I am the owner, manager, assistant manager or program director of station ______________________________ a radio (television) station broadcasting from ____________________________ in the aforesaid county and state; that the notice (or other material) described as ____________________________________________ was broadcast on the following days: (here set forth dates and times when the same was broadcast).
Subscribed and sworn to
before me ________________________________________________________________Month Day , 20________
________________________________________________________________Notary Public for Delaware
My commission expires: ____________________6 Del. C. 1953, § 3804; 56 Del. Laws, c. 431.;
All public officials performing functions under this chapter shall select stations that best assure effective publicity for the notice or material being broadcast, based on the nature of the notice or material being broadcast.6 Del. C. 1953, § 3805; 56 Del. Laws, c. 431.;
The cost of such broadcast shall be paid out of the funds of the agency in whose behalf the broadcast is made.6 Del. C. 1953, § 3806; 56 Del. Laws, c. 471.;