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Non-coms pushing it past the limit
- Thread starter flip23
- Start date
jo-nathan said:
Years ago I worked for a successful small market broadcaster who was willing to "run the ball right down the edge of the field" to see how close to the boundary you could run without the referee (FCC) blowing the whistle. He was making enough money he could afford the administrative expense of carrying on a written legal conversation with the FCC which seemed to be a bit more deliberative in that era.
Today EVERYBODY... not just the non-comms, is faced with the dilemma that just because Joe-Bob two states over is doing something at the edge of the field means you, too, can do that. It may turn out that you have a whistle-blower in your area and Joe-Bob is not blessed with such a character.
Non-comms really don't normally have the financial resources to take a chance on playing games with "Uncle Charlie". But when you analyze the regulatory climate of the last 20 years and the LEGISLATIVE CLIMATE of the last 20 years, it is my interpretation that broadcasters, particularly non-comms have received a "wink-and-a-nod" and told: "Be a bit creative and show us some new direction that you need the latitude to go." Unfortunately we don't have a crystal ball or a computer software that can tell us the difference between "permissible latitude" and "That will be $11,000 please".
Non-coms operate with a second "test" with respect to announcements for other non-commercial enterprises. The "call for action" which is prohibited in underwriting announcements does not apply for announcements for other non-profits.
There has been further review as quoted in the Broacast Law Blog at http://www.broadcastlawblog.com/201...l-broadcasting-stations-analyzing-the-issues/
"The Communications Act's ban on noncommercial broadcast stations running political and issue advertising was struck down as unconstitutional by the US Court of Appeals for the Ninth Circuit. While the Court upheld the prohibition on commercial advertising for products and services, the majority of the Court felt that the ban on political advertising could not be justified."
"The FCC may seek rehearing by the Ninth Circuit panel or en banc, which is likely given the significance of the decision and the divided panel opinion. If the circuit court denies rehearing or upholds the panel decision, the FCC may seek review by the Supreme Court. It would be expected to do so in such circumstances, since the panel decision invalidated sections of a federal statute."
Notice this is from the 9th Circuit which in notoriously liberal and this may not apply beyond that Courts jurisdiction.
By extension, I think irregular or erratic enforcement of FCC underwriting rules blurs the line over which underwriting can not cross.
There has been further review as quoted in the Broacast Law Blog at http://www.broadcastlawblog.com/201...l-broadcasting-stations-analyzing-the-issues/
"The Communications Act's ban on noncommercial broadcast stations running political and issue advertising was struck down as unconstitutional by the US Court of Appeals for the Ninth Circuit. While the Court upheld the prohibition on commercial advertising for products and services, the majority of the Court felt that the ban on political advertising could not be justified."
"The FCC may seek rehearing by the Ninth Circuit panel or en banc, which is likely given the significance of the decision and the divided panel opinion. If the circuit court denies rehearing or upholds the panel decision, the FCC may seek review by the Supreme Court. It would be expected to do so in such circumstances, since the panel decision invalidated sections of a federal statute."
Notice this is from the 9th Circuit which in notoriously liberal and this may not apply beyond that Courts jurisdiction.
By extension, I think irregular or erratic enforcement of FCC underwriting rules blurs the line over which underwriting can not cross.
Here is an example of how "fine grained" these question can get. Apparently it is considered acceptable copy for an endorsement announcement to say: Harlan Motors can be found on the web at www.harlancars.com. I hear a number of endorsement announcement with such references.
If the announcement then goes on to say: "Click on the New Arrivals icon for the latest product information." Is "click on the icon" a call for action as defined in the prohibited content? Is "click on the icon" acceptable for a brick-and-mortar supporter of the station, but not o.k. for an d"on-line store" as in "Place Orders Here" icon on an Amazon wanna-be?
Some of us seem to think the rules are pretty finite, pretty cut-and-dried. Some of us seem to think the rules are as fuzzy as a wooly-worm on your tomato plant out on the deck.
If the announcement then goes on to say: "Click on the New Arrivals icon for the latest product information." Is "click on the icon" a call for action as defined in the prohibited content? Is "click on the icon" acceptable for a brick-and-mortar supporter of the station, but not o.k. for an d"on-line store" as in "Place Orders Here" icon on an Amazon wanna-be?
Some of us seem to think the rules are pretty finite, pretty cut-and-dried. Some of us seem to think the rules are as fuzzy as a wooly-worm on your tomato plant out on the deck.
I'm not being critical but I am curious as to why this was posted on the Indiana board? Is there a non-com in Indiana that falls in this category?
N
nocomradio
Guest
91.9 WNRN near Charlottesville, VA regularly works in ads that are more like commercials. At the top of every hour, the on air person will say something like:
"This hour brought to you by ABC company. Visit ABC company at 1234 Main St or on the web at abc dot com. ABC, bringing you XYZ for over 20 years and now offering a Wednesday discount for all its loyal customers."
Of course almost immediately after this, they give the TOH ID and add:
"Bringing you commercial-free music."
Technically, I suppose they are commercial-free for all but the top of each hour.
"This hour brought to you by ABC company. Visit ABC company at 1234 Main St or on the web at abc dot com. ABC, bringing you XYZ for over 20 years and now offering a Wednesday discount for all its loyal customers."
Of course almost immediately after this, they give the TOH ID and add:
"Bringing you commercial-free music."
Technically, I suppose they are commercial-free for all but the top of each hour.
nocomradio said:
Isn't that pretty much what passes for a "conforming endorsement" across the country?
There are two potential problems with this announcement:Goat Rodeo Cowboy said:
(a) mentions a founding date ("over 20 years" ago)
(b) mentions pricing information ("a Wednesday discount")
And yes, there are stations that ride the line on this. For example, with WNIN-TV's recent "Action Auction," they had as a guest the executive director of the Reitz Home Museum, which had donated 4 passes to their Kentucky Derby Day fundraiser. I felt that they violated the FCC's rules regarding raising funds for another organization by telling their audience not only to bid on the donated passes, but the price and ordering information on where to buy additional passes.
N
nocomradio
Guest
Those things are exactly what I was referring to.
I tend to think that a non-comm would want to lean more toward something like PBS used to do before any show they would air, by saying: "This hour brought to you by ABC corporation." and then leave it at that. Much more seems to be opening the door.
Sometimes I point my antenna at 91.9 and listen to them for most of a working day. They do this (extended endorsement) every hour, not just once in a while.
I tend to think that a non-comm would want to lean more toward something like PBS used to do before any show they would air, by saying: "This hour brought to you by ABC corporation." and then leave it at that. Much more seems to be opening the door.
Sometimes I point my antenna at 91.9 and listen to them for most of a working day. They do this (extended endorsement) every hour, not just once in a while.
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