Broadcasting Telecasting (Jul-Sep 1960)

CONTINUED from page 81 Future sponsor identification guide stitute payment for the identification. 8. An automobile dealer furnishes a station with a new car, not for broadcast use, in return for broadcast mentions. An anouncement is required; the car constituting payment for the mentions. 9. A Cadillac is given to an announcer for his own use in return for a mention on the air of a product of the donor. An announcement is required since there has been a payment for a broadcast mention. C. Where service or property is furnished free for use on or in connection with a program, but where there is neither payment in consideration for broadcast exposure of the service or property, nor an agreement for identification of such service or property beyond its mere use on the program ' 10. Free books or theater tickets are furnished to a book or dramatic critic of a station. The books or plays are reviewed on the air. No announcement is required. On the other hand, if 40 tickets are given to the station with the understanding, express or implied, that the play would be reviewed on the air, an announcement would be required because there has been a payment beyond the furnishing of a property or service for use on or in connection with a broadcast. 11. News releases are furnished to a station by government, business, labor and civic organizations, and private persons, with respect to their activities, and editorial comment therefrom is used on a program. No announcement is required. 3 In. each of the examples listed under this heading, an announcement would appear to be required under the Commission's Mar. 16, 1960, Public Notice. 12. A government department furnishes air transportation to radio newscasters so they may accompany a foreign dignitary on his travels throughout the country. No anouncement is required. 13. A municipality provides street signs and disposal containers for use as props on a program. No announcement is required. 14. A hotel permits a program to originate on its premises. No announcement is required. If, however, in return for the use of the premises, the producer agrees to mention the hotel in a manner not reasonably related to the use made of the hotel on that particular program, an announcement would be required. 15. A refrigerator is furnished for use as part of the backdrop in a kitchen scene of a dramatic show. No announcement is required. 16. A Coca-Cola distributor furnishes a Coca-Cola dispenser for use as a prop in a drugstore scene. No announcement is required. 17. An automobile manufacturer furnishes his identifiable current model car for use in a mystery program, and it is used by a detective to chase a villain. No announcement is required. If it is understood, however, that the producer may keep the car for his personal use, an announcement would be required. Similarly, an announcement would be required if the car is loaned in exchange for a mention on the program beyond that reasonably related to its use, such as the villain saying: "If you hadn't had that speedy Chrysler, you never would have caught me." 18. A private zoo furnishes animals for use on a children's program. No announcement is required. 19. A university makes one of its professors available to give lectures in an educational program series. No announcement is required. 20. A well-known performer appears as a guest artist on a program at union scale because the performer likes the show, although the performer normally commands a much higher fee. No announcement is required. 21. An athletic event promoter permits broadcast coverage of the event. No announcement is required in absence of other payment by the promoter or agreement to identify in a manner not reasonably related to the broadcast of the event. D. Where service or property is furnished free for use on or in connection with a program, with the agreement, express or implied, that there will be an identification beyond mere use of the service or property on the program'. 22. A refrigerator is furnished by X with the understanding that it will be used in a kitchen scene on a dramatic show and that the brand name will be mentioned. During the course of the program the actress says: "Donald, go get the meat from my new X refrigerator." An announcement is required because the identification by brand name is not reasonably related to the particular use of such refrigerator in this dramatic program. 23. (a) A refrigerator is furnished by X for use as a prize on a giveaway show, with the understanding that a brand identification will be made at the time of the award. In the presentation, the master of ceremonies briefly mentions the brand name of the refrigerator, its cubic content, and such other features as serve to indicate the magnitude of the prize. No announcement is required because such identification is reasonably related to the use of the refrigerator on a giveaway show in which the costly or special nature of the prizes is an important feature of this type of program. (b) In addition to the identification given in (a) above, the master of ceremonies says: "All you ladies sitting there at home should have one of these refrigerators in your kitchen," or "Ladies, you ought to go out and get one of these refrigerators." An announcement is required because each of these statements is a sales "pitch" not reasonably related to the giving away of the refrigerator on this type of program. The significance of the distinction between the identification in (a) and that in (/)) is, that in (a) it is no more than ' Of course, in all these cases, if there is payment to the station or production personnel in consideration for the exposure, an announcement is required. HOW THE FINE PROVISION WOULD WORK Here's the procedure that would be followed in cases where the FCC imposed monetary forfeitures on a broadcaster under amendments being drafted by the Pastore subcommittee and FCC staffs, with drafting help from witnesses: The FCC would notify the licensee of its intention to impose a forfeiture, specifying the rule or law allegedly violated; the broadcaster would be allowed to reply, denying the charges and asking that they be dropped and spelling out his reasons therefor; if the broadcaster denied the charge and the FCC still intended to impose the forfeiture, it would so notify him and he would be allowed to request cancellation of or reduction in the amount of the forfeiture; if the FCC refused this request the agency would then so notify the broadcaster and impose the fine (payable to the U.S. Treasury); if the broadcaster refused to pay the fine, the FCC then could take the case to a federal court for collection; the court would hold a de novis trial; namely, a "new" trial which would make findings on both the violation alleged and whether the forfeiture were excessive. 82 (GOVERNMENT) BROADCASTING, August 15, 1960