Broadcasting Telecasting (Jul-Sep 1960)

the natural identification which a broadcaster would give to a refrigerator as a prize if he had purchased the refrigerator himself and had no understanding whatever with the manufacturer as to any identification. That is to say, in situation {a), had the broadcaster purchased the refrigerator he would have felt it necessary, in view of the nature of the show, adequately to describe the magnitude of the prize which was being given to the winner. On the other hand, the broadcaster would not, where he had purchased the refrigerator, have made the type of identification in situation (b). thus providing a free sales "pitch" for the manufacturer. 24. io) An airplane manufacturer furnishes free transportation to a cast on its new jet model to a remote site, and the arrival of the cast at the site is shown as part of the program. The name of the manufacturer is identifiable on the fuselage of the plane in the shots taken. No announcement is required because in this instance such identification is reasonably related to the use of the service on the program. (b) Same situation as in (a), except that after the cameraman has made the foregoing shots he takes an extra closeup of the identification insignia. An announcement is required because the closeup is not reasonably related to the use of the service on the program. 25. (a) A station produces a public service documentary showing development of irrigation projects. Brand X tractors are furnished for use on the program. The tractors are shown in a manner not resulting in identification of the brand of tractors except as may be recognized from the shape or appearance of the tractors. No announcement is required since the identification is reasonably related to the use of the tractors on the program. ib) Same situation as in (a), except that the brand name of the tractor is visible as it appears normally on the tractor. No announcement is required for the same reason. (c) Same situation as in (b), except that a closeup showing the brand name in a manner not required in the nature of the program is included in the program, or an actor states: "This is the best tractor on the market." An announcement is required as this identification is beyond that which is reasonably related to the use of the tractor on the program. 26. (a) A bus company prepares a scenic travel film which it furnishes free to broadcast stations. No mention is made in the film of the company or its buses. No announcement is required because there is no payment other than the matter furnished for broadcast and there is no mention of the bus company. (c) Same situation as in (a), except NAB s Wasilewski Cites 'loss of face' penalty that a bus, clearly identifiable as that of the bus company which supplied the film, is shown fleetingly in highway views in a manner reasonably related to that travel program. No announcement is required. (c) Same situation as in (a), except that the bus, clearly identifiable as that of the bus company which supplied the film, is shown to an extent disproportionate to the subject matter of the film. An announcement is required, because in this case by the use of the film the broadcaster has impliedly agreed to broadcast an identification beyond that reasonably related to the subject matter of the film. 27. (a) A manufacturer furnishes a grand piano for use on a concert program. The manufacturer insists that enlarged insignia of its brand name be affixed over normal insignia on the piano. An announcement is required if an enlarged brand name is shown. (h) Conversely, if the piano furnished has normal insignia and during the course of the televised concert the broadcast includes occasional closeups of the pianist's hands, no announcement is required even though all or part of the insignia appears in these closeups. Here the identification of the brand name is reasonably related to the use of the pianO by the pianist on the program. However, if undue attention is given the insignia rather than the pianist's hands, an announcement would be required. CONTINUED from page 81 Payola compromise bill is in sight other safeguards to avoid FCC prejudgment of guilt and imposition of double penalties for the same offense and to afford opportunity for a fair hearing. AFM's Mr. Ballard proposed that the bill be amended to include a requirement that sound tracks and background music recorded by musicians in other countries and carried on U.S. radio and tv programs be identified on the air as foreign in origin and that members of the general public be allowed to intervene in application proceedings before the FCC. He also asked that Congress express its sense that broadcasters have a duty to foster "the arts." Sen. Pastore said such proposals, though they may have merit, have no chance of being added to S 1898 during this short session of Congress and that a more complete investigation should be made at some time in the future. ACLU's Mr. Speiser urged passage of S 1898 as is. He said he'd like to see the suspensions and forfeitures left in the bill as they are. The FCC's procedures have been inadequate, he said. He also felt mandatory hearings should be required locally for license renewals and that stations be required to inform listeners of the broadcasters' obligations under the provisions of the Communications Act. Statements opposing the suspensions and forfeitures, as presently proposed, were filed by the following broadcasters, radio-tv organizations and individuals representing state associations: ABC; CBS: NBC; Lawrence H. Rogers II, Taft Broadcasting Co.; Lincoln W. Miller, KIRO-TV Seattle; Robert H. Temple, KREM Spokane; J. Chester Gordon and E. Ournelle, KBYR Anchorage and KERB Fairbanks, both Alaska; Norman Fletcher, KNOC Natchitoches, La; Ewing C. Kelly, KCRA-AM-TV Sacramento; Richard P. Hogue, KXTV (TV) Sacramento; J.G. Paltridge, KFAX San Francisco; Robert M. Light, Southern California Broadcasters Assn.; Ralph L. Hooks, KDLA DeRidder, La.; Lee P. Bishop, KORE Eugene, Ore.; Tim Elliot, WICE Providence; Joe M. Leonard Jr., Texas Assn. of Broadcasters. Invitation ■ ABC said license suspension power would be "an open invitation" to the FCC to use this sanction as a "club" where it disagrees with a station's overall programming but is unable to point to a specific violation of rules or statutes. This, ABC said, is the "entering wedge" to censorship 84 (GOVERNMENT) BROADCASTING, August 15, 1960