Call To Action in Promos

[finallyescaped]

I don't have much experience at all with non-commercial radio, but am getting into it as I work with a group who is interested in buying their first non-comm stations.

I'm clear on the rules for sponsor/underwriting messages regarding call-to-action, qualitative information, etc. But, are there any restrictions on call-to-action in a promo for a station event?

For example, if a station was going to be on-side at a business (remote maybe), could their promos say, "Join WWWW at John's Pizza Saturday from noon until 2......"

Or would it have to simply be stated as, "WWWW will be broadcasting live from John's Pizza. Details on the website."

Sorry if this board is meant more for non-comm pros, but thought it might be OK to post a question or two for the pros.

Thanks in advance for answers.

 

[PTBoardOp94]

Well, first, it is extremely rare for non-commercial stations to do remotes for anything other than the most civic of events (political debates come to mind).

Second, it is permissible for non-comms to promote themselves with calls to action. "Catch Jim-Bob's Blues Hour Sundays at 9am on WQQQ."

But to get to your question, it is at best murky if you could say "Join WQQQ at John's Pizza" within the rules. After all, someone joining WQQQ at a commercial establishment would mean that the establishment was receiving promotion from the station.

I would advise against such language. It might be different if WQQQ were holding a fundraiser, but the FCC has specific rules about "joint fundraising" that would need to be observed.

 

[aaronread]

I see this question frequently on the CBI Listserv...it's very difficult to legally do a remote broadcast from a venue of any kind that is NOT a non-profit. That's because the FCC considers the very fact that you are broadcasting from there as promotion of the venue, and thus the entire broadcast is considered "underwriting". So every word on the air must adhere to the underwriting rules:

• Must only identify and NOT promote.
• No calls to action.
• No inducement to buy/sell/lease. (i.e. no sales)
• No mentions of price in any form, including "free".

This includes any mentions of the vent before or after, unless they don't mention the venue. (which would be rather silly...announcing you're broadcasting live from a remote location, but not saying where?)

It's a royal pain in the a$$. The only real exception is if you're broadcasting as part of bona fide news reporting. For example, if the DNC is being held at Madison Square Garden, you broadcast live from there on a non-comm station and it's not underwriting...even though MSG is a for-profit venue...because it's a bona fide news event.

The other exception is if EVERYTHING at the venue is non-profit, or if ALL monies at the event go to the station. The former is possible; we have a historic theater in our town that is non-profit and sells their own concessions. The latter almost never happens. For example, let's say you have a benefit concert for the station and you want to broadcast it (live or recorded). You'd have to get all ticket sales (which is neigh-impossible in this era of "processing fees"), all sales of food/drink at the bar (including tips, I believe) and all merch proceeds. So the venue would have to royally take it in the shorts for you to be legal...it rarely happens.

Generally speaking, it's such a hassle that unless the remote site is entirely a non-profit entity, it's not worth during remotes when you're a non-comm.

 

[Goat Rodeo Cowboy]

For example, if a station was going to be on-side at a business (remote maybe), could their promos say, "Join WWWW at John's Pizza Saturday from noon until 2......"

Or would it have to simply be stated as, "WWWW will be broadcasting live from John's Pizza. Details on the website."

Help me see the big picture here. What "service to the community" value is served by a broadcast originating from the site of a business?

What business would write a check to a station to come on site.... if the station cannot deliver a "get your buns down here and buy something" message?

One scenario that I have envisioned would be this: The high school band members have arranged to do a benefit car-wash in the parking lot of Bob's Big BarB-Que with all the proceeds going to The Shelter for Battered Women and their Children, a tax deductible organization. Is that community service or what! But the gurus here have pointed out that NCEs and LPFMs can have fund raisers for themselves, but not for other not-for-profits. So even there a not-for-profit station would be skating on thin-ice when they responded to the FCC letter: "Oh, we were just covering a news event."

Now if you are out on Podunk where there is NO commercial radio in your town or county, and no nearby commercial radio is actively cultivating your merchants for ad dollars (the is a hard place to find these days) then you will probably get away with my scheme, and maybe yours. No complaint to the FCC, no trouble for you. But if your station is in the backyard of a commercial station that feels like you are poaching, expect letters that must be answered. You may get a letter explaining where to send your check for say $7,000.

 

[PTBoardOp94]

But the gurus here have pointed out that NCEs and LPFMs can have fund raisers for themselves, but not for other not-for-profits.

This is not what aaronread and I were trying to get across. NCEs may promote fundraisers for other not-for-profits. However, there are things that they cannot do.

There are two FCC rulings of interest in this area.
http://www.fcc.gov/eb/Orders/2001/da012831.html
Station WNCW partnered with a for-profit corporation in an effort to fundraise for itself, which the commission admonished.

http://www.current.org/cm/cm520.html
WTTW partnered with Chicago-area arts non-profits in a joint fundraiser. The commission ruled against this, although I was unable to find the complete text of the ruling and this am missing many details.

For example, a :60 PSA during All Things Considered for the United Way would be permitted. It is unclear to me if the commission would frown on WQQQ running a general fundraiser, and giving 25% of the proceeds to United Way. I suspect the latter would be troublesome.

 

[bturner]

I have a case scenario I wonder about: a restaurant hosts a 'coffee and conversation' time from 10 to noon each week. Proceeds from all purchases at that restaurant during the 'coffee and conversation' time go to support the ongoing operation of a non-comm radio station. In your opinion, is promoting this as 'matter of fact' over the air acceptable in the FCC's eyes? (Matter of fact: We would like to thank Greasy Spoon Cafe for hosting a Coffee and Conversation time from 9 to 11 each Wednesday morning with all proceeds benefiting ouur radio station.)

Must the business donate every penny taken in or might they recover their actual expense (ie: cost of coffee or food purchased)? What if they said 50% of the the money taken in during this time goes to the station?

 

[PTBoardOp94]

bturner, I think it would depend very much on what the format was. For example, if participation in the 'coffee and conversation' required physically going to the Greasy Spoon Cafe, it would be impermissible, based on the WNCW ruling. If listeners could call into the program, thus removing the incentive to visit the Greasy Spoon Cafe during the program, it might be permitted.

The alternative would be that WQQQ does a show from Greasy Spoon Cafe, without receiving consideration from the Greasy Spoon. You'd have to consult someone smarter than me to determine if "a reserved table for six every Wednesday morning" qualifies as consideration or not. Some years ago, I was shocked when I read a listing of things that qualify as consideration. Free coffee for the show host would qualify as consideration, by the way.

A careful reading of the WNCW ruling should help clarify this point.

 

[aaronread]

Must the business donate every penny taken in or might they recover their actual expense (ie: cost of coffee or food purchased)? What if they said 50% of the the money taken in during this time goes to the station?

It must be 100% of ALL revenue during the time of the broadcast. And no cheating by front- or back-loading all the purchases.

And you couldn't say anything about it because it's a mention of price to say that X percent of revenue (including 100) goes to the station.

You'd have to consult someone smarter than me to determine if "a reserved table for six every Wednesday morning" qualifies as consideration or not. Some years ago, I was shocked when I read a listing of things that qualify as consideration. Free coffee for the show host would qualify as consideration, by the way.

Based on what I have been told by people who know, it would qualify as consideration. Consideration can take almost any form and the slightest amount triggers the underwriting rules. That's why it's such a pain in the neck to do live remotes from for-profit venues.

 

[bturner]

Good info here. Thank you.

An LPFM I know has an underwriter that is a local cafe. The owner of the cafe said they get about 50 people in between 10 and noon with the customers sitting around guzzling coffee and talking. They offered the station every penny they bring in between 10 and noon on Wednesdays and wanted to know if they could say something about it on the air (ie: we'd like to thank Greasy Spoon Cafe for contributing their revenue generated during their coffee and conversation time each Wednesday from 10 to noon).

I pulled out my 10 foot pole and said I wasn't going to touch it because I wasn't sure how the FCC would read this. Obviously the station wants to thank the contributor over the air and they want to encourage purchases during that time since they get all the money.

Even though they are a regular underwriter, this is on top of their underwriting contribution. Considering this separately, there is no consideration involved but the Grasy Spoon Cafe sure knows the good deed will possibly lead to more income. Then again, like underwriting, they do so to get a benefit. It's just everyone pretends they don't.

 

[bturner]

I should point out the radio station does not show up at the Cafe. There is no remote broadcast or station volunteers there at the direction of the station. This is just something a business supporter chooses to do for their hometown station. I include this if it makes a difference.

 

[Talk_Dude]

Help me see the big picture here. What "service to the community" value is served by a broadcast originating from the site of a business?

That would depend on what is being broadcast. For a station with a format of nothing but recorded music, I'd say there is very little community benefit. On the other hand, a series of public "town hall forums" held in convenient locations where members of the local community can be present and maybe even chime in their 2¢ worth could be very beneficial to the community, and helpful for the business providing the venue. Or, a live and local concert held at a location that often has live and local musical performers could benefit both the live and home audience as well as the owner of the venue.

Imagine a fund-raiser for a local cause that consisted of musical acts performing at a local coffee house that was broadcast live. Door fees and donations would go to the cause, as would pledges made by listeners, while the price of food and beverages would pay the venue owner's electric bill and cover the cost of the food.

I don't know how the FCC would treat this, but in a well-ordered society that was run based on principles of common sense, that scenario shouldn't present anyone any problems, so long as the cause was bona-fide and no one was skimming from the take.

 

[aaronread]

I don't have much experience at all with non-commercial radio, but am getting into it as I work with a group who is interested in buying their first non-comm stations.

BTW, finallyescaped, can you elaborate at all as to why this group is interested specifically in buying non-comm stations? Are there no commercial licenses available?

I ask because unless you've got a very specific reason why you'd want to be a non-comm, it's generally better to stick with commercial licenses. The restrictions on non-comms are usually not worth the meager benefits of avoiding FCC application/renewal fees. Touching on another active thread on the Boston board, that's a major reason LPFM's are so hard to make fiscally viable; too often it's a community broadcaster trying to make a go of it, as opposed to a church or college. The latter have significant advantages over an independent community broadcaster because they have missions that are very different (and not as focused on earning revenue).

 

[finallyescaped]

BTW, finallyescaped, can you elaborate at all as to why this group is interested specifically in buying non-comm stations? Are there no commercial licenses available?

I ask because unless you've got a very specific reason why you'd want to be a non-comm, it's generally better to stick with commercial licenses. The restrictions on non-comms are usually not worth the meager benefits of avoiding FCC application/renewal fees. Touching on another active thread on the Boston board, that's a major reason LPFM's are so hard to make fiscally viable; too often it's a community broadcaster trying to make a go of it, as opposed to a church or college. The latter have significant advantages over an independent community broadcaster because they have missions that are very different (and not as focused on earning revenue).

Yes, the goal is to go into west/Pacific markets where only non-comm CPs exist, and put youth-based (young adult, 15-24) formats on the air that are missing in the market while also making them locally-relevant with a full staff (mix of volunteers and paid).

For example, in one market that is full of Country, Oldies, Talk, they'd like to put on a community-driven Top 40 station. Around the music would be content about topics that are relevant locally, as well as relevant to a young adult (drugs, abuse, budget-planning, new parents, etc.). This ownership group feels radio has ignored youth, and while there may be a challenge to monetize a young audience in commercial radio (due to lack of 12-17, 18-24 buys), that a local community may better understand the benefit of a local radio station being the ONLY young-targeted radio station, and being able to make a positive impact on that demographic in the community.

From that, and the expectation of winning over young listeners, they'd like to be able to do remotes for the same reasons a commercial station would want to... take its loyal audience, meet them in public, and be able to gain sponsorship support from it.

It sounds, from the above comments, that a better way to do that type of event might not be with remotes. But, maybe instead, putting on its own local community events for that audience, and allowing local businesses/sponsors to buy booth space (and other off-air sponsorships) at the event? That sounds like a safer bet. This group is not trying to push the envelope on the rules, but this aspect of 'events' is something they think can work really well (within the rules) with non-comm, youth-targeted radio.

 

[Goat Rodeo Cowboy]

This ownership group feels radio has ignored youth, and while there may be a challenge to monetize a young audience in commercial radio (due to lack of 12-17, 18-24 buys), that a local community may better understand the benefit of a local radio station being the ONLY young-targeted radio station, and being able to make a positive impact on that demographic in the community.

Your explanation is appreciated.

I assume that among staff people of some broadcast operations, and in outsider-groups that want to influence the direction of radio, there has to be some really great and innovative thinking going on. Here in the Radio-Info forums we see a lot more conversation that is NOT great and innovative...

I had to think about your explanation for a few minutes. It took me by surprise. I guess many of us have decided that radio is so overwhelmingly youth oriented today that it has lost its way.... and yet, I have to admit I can see where you and your group are coming from. It may be that the radio broadcasting industry has chosen to all focus on cherry-picking some golden demographic group that exceeds the older listener which leaves me gnashing my teeth... but may also be ignoring a younger audience.

We are all interested in an industry that is very puzzling indeed.

 

[bturner]

A youth oriented radio format might work very well if you can create a 'cool' factor.

That reminded me of a Top 40 I worked for in the 1980s. They stated their purpose was to provide a service as a source of entertainment around the clock for the under age 21 youth (drinking age was 21). We had a very loyal audience but that was a different era. We were a focal point for information on all the social opportunities in that college town, however.

 

[aaronread]

Yes, the goal is to go into west/Pacific markets where only non-comm CPs exist, and put youth-based (young adult, 15-24) formats on the air that are missing in the market while also making them locally-relevant with a full staff (mix of volunteers and paid).

My initial thought is that's a mighty ambitious goal to pull off on a non-comm. Sure, Triple-A (and some derivations) has worked pretty well as a format for non-comms, but that's because they're targeting a wealthy demo that can afford to donate. The youth demo, by and large, doesn't have the disposable income or the disposition to donate during a fundraiser. That leaves sponsors, and I would think it'd be tough to get advertisers who want to target the youth demo but will accept the underwriting rules.

But admittedly I'm an east coast boy; I know about radio in general pretty well, true...especiall in the northeast. But I'm not nearly as familiar with the specifics of the west coast scene.

If you can pull it off, I hope you'll post your tips & tricks to success - I know a lot of stations that would love to hear them!!! ;D