FCC 76.1615 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 76.1615 Sponsorship identification.
(a) When a cable television system operator engaged in origination
cablecasting presents any matter for which money, service, or other valuable
consideration is either directly or indirectly paid or promised to, or
charged or accepted by such cable television system operator, the cable
television system operator, at the time of the cablecast, shall announce
that such matter is sponsored, paid for, or furnished, either in whole or in
part, and by whom or on whose behalf such consideration was supplied:
Provided, however, that “service or other valuable consideration” shall not
include any service or property furnished either without or at a nominal
charge for use on, or in connection with, a cablecast unless it is so
furnished in consideration for an identification of any person, product,
service, trademark, or brand name beyond an identification reasonably
related to the use of such service or property on the cablecast. For the
purposes of this section, the term “sponsored” shall be deemed to have the
same meaning as “paid for.” In the case of any political advertisement
cablecast under this paragraph that concerns candidates for public office,
the sponsor shall be identified with letters equal to or greater than four
(4) percent of the vertical picture height that air for not less than four
(4) seconds.
(b) Each cable television system operator engaged in origination
cablecasting shall exercise reasonable diligence to obtain from employees,
and from other persons with whom the system operator deals directly in
connection with any matter for cablecasting, information to enable such
system operator to make the announcement required by this section.
(c) In the case of any political origination cablecast matter or any
origination cablecast matter involving the discussion of public
controversial issues for which any film, record, transcription, talent,
script, or other material or service of any kind is furnished, either
directly or indirectly, to a cable television system operator as an
inducement for cablecasting such matter, an announcement shall be made both
at the beginning and conclusion of such cablecast on which such material or
service is used that such film, record, transcription, talent, script, or
other material or service has been furnished to such cable television system
operator in connection with the transmission of such cablecast matter:
Provided, however, that in the case of any cablecast of 5 minutes' duration
or less, only one such announcement need be made either at the beginning or
conclusion of the cablecast.
(d) The announcement required by this section shall, in addition to stating
the fact that the origination cablecasting matter was sponsored, paid for or
furnished, fully and fairly disclose the true identity of the person or
persons, or corporation, committee, association or other unincorporated
group, or other entity by whom or on whose behalf such payment is made or
promised, or from whom or on whose behalf such services or other valuable
consideration is received, or by whom the material or services referred to
in paragraph (c) of this section are furnished. Where an agent or other
person or entity contracts or otherwise makes arrangements with a cable
television system operator on behalf of another, and such fact is known or
by the exercise of reasonable diligence, as specified in paragraph (b) of
this section, could be known to the system operator, the announcement shall
disclose the identity of the person or persons or entity on whose behalf
such agent is acting instead of the name of such agent.
(e) In the case of an origination cablecast advertising commercial products
or services, an announcement stating the sponsor's corporate or trade name,
or the name of the sponsor's product, when it is clear that the mention of
the name of the product constitutes a sponsorship identification, shall be
deemed sufficient for the purposes of this section and only one such
announcement need be made at any time during the course of the cablecast.
(f) The announcement otherwise required by this section is waived with
respect to the origination cablecast of “want ad” or classified
advertisements sponsored by an individual. The waiver granted in this
paragraph shall not extend to a classified advertisement or want ad
sponsorship by any form of business enterprise, corporate or otherwise.
(g) The announcements required by this section are waived with respect to
feature motion picture film produced initially and primarily for theatre
exhibition.
Note to Sec. 76.1615(g): The waiver heretofore granted by the Commission in its
Report and Order, adopted November 16, 1960 (FCC 60–1369; 40 FCC 95),
continues to apply to programs filmed or recorded on or before June 20,
1963, when Sec. 73.654(e) of this chapter, the predecessor television rule, went
into effect.
(h) Commission interpretations in connection with the provisions of the
sponsorship identification rules for the broadcasting services are contained
in the Commission's Public Notice, entitled “Applicability of Sponsorship
Identification Rules,” dated May 6, 1963 (40 FCC 141), as modified by Public
Notice, dated April 21, 1975 (FCC 75–418). Further interpretations are
printed in full in various volumes of the Federal Communications Commission
Reports. The interpretations made for the broadcasting services are equally
applicable to origination cablecasting.
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