Celebrating 50 Years

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• Celebrating 50 Years!!!

Late Night CopyCelebrating 5 Years!!!
Presented by J.C. Patrick, NPR John Crigler,
Esq. Cathy Ives, DEI
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• California Medical Center, offering state of
  the art cancer treatment, with the states only
  robotic surgical system for minimally invasive
  surgical procedures. On the web at
  californiamed.com.

Medical and health-care spots often raise
questions related to jargon. You may have to
determine if particular terms have a specialized
meaning in the field. Here, if the underwriter
is a for-profit, youll have to consider "state
of the art" and "minimally invasive. Unless you
are persuaded those terms have an accepted,
neutral meaning in the medical profession, they
should be disallowed. The word "only" is
permissible if it means "sole source," not if it
means "exclusive" in a qualitative sense.
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• MegaCorp, striving to be a leader in the
  strategic economic development of southern
  California. MegaCorp has supported the growth of
  the U.S. economy with capital investments
  exceeding 5 billion dollars and the creation of
  over 20,000 jobs. MegaCorp, enhancing the
  quality of life in the communities that we serve.

We do not have any FCC rulings on aspirational
announcements where the underwriter tries,
strives or hopes like hell to deliver some
qualitative service. While the lack of rulings
still provides some latitude, the word leader
in the first sentence has a comparative or
qualitative quality, which the FCC would probably
find promotional. The last phrase is hard to
justify either as a neutral description of the
underwriters business or as a logo.
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• Ghiradelli Chocolates, manufacturer and
  marketer of premium chocolate products since
  1852. Chocolate bars come in various sizes and
  flavors, including mint, milk, dark, milk with
  caramel, milk with almonds, milk crisp and more.
  A portion of the profits from the Pasadena
  location will be donated to KCRW this month.

How much description is too much? The FCC hasnt
given specific guidelines, but it recently fined
a station for a spot that listed all the Spanish
language channels on a cable system. Here, the
list of flavors seems excessive. An offer to
donate a portion of the sales to a nonprofit will
be viewed as an inducement to buy.
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• Budget Bicycles, supporting a community in
  motion. 2750 Colorado Boulevard in Eagle Rock.
  For more information, 323-254-4160 or on the web
  at cheapbikes.com.

Are business names always neutral? Generally,
names and addresses are considered descriptive
even if they connote price (Budget Bicycles),
but be skeptical of website addresses that sound
promotional (cheapbikes.com). Check the site
to see if it is the home page or a special sales
page, as this one could be. The description of
the underwriters business is vague (supporting
a community in motion), but does not induce
patronage or make claims about specific products
or services.
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• Visa, the official sponsor and preferred card
  of the San Francisco Symphony. Visa - It's
  everywhere you want to be.

The FCC frowns on twofers, particularly when
they make it difficult to determine whether two
or more for-profit entities are each
underwriters. Here, theres little doubt that
Visa, not the S.F. Symphony, is the underwriter
or that the Symphony is a non-profit. I would
investigate the word preferred. It sounds like
an endorsement by the Symphony, not a type of
credit card. If so, the word should be deleted.
The last phrase is allowable if it is an
established logo.
.
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• KXXX invites you to join us as we experience
  Paris in the spring. The Champs-Elysees, the
  Louvre, Notre Dame, sidewalk cafes they can all
  be yours to savor. We fly to New York on March
  15, then wing our way to the City of Light! For
  a tour brochure, please contact John Doe at
  222-555-1111.

Is this an underwriting announcement or a plug
for a station event? The answer depends on the
arrangement between the station and the travel
agency booking the tour. If this spot directly
benefits a for-profit, it will be considered an
ad even if the for-profit isnt mentioned.
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• West Coast Clinical Research, seeking women 25
  49 years of age for diabetic clinical trials.
  Patients must be non-smokers and have a family
  history of diabetes. Each participant receives a
  small monetary award in addition to any
  medication provided. For more information,
  818-776-0820.

Are spots for clinical trials a recruitment ad or
a description of a certain kind of business?
There are no rulings on point, but a strong case
can be made for treating such an underwriter as
being in the recruitment business, very much like
an employment agency. The small monetary award
clearly refers to price, but it is debatable
whether it actually promotes the service offered.
Theres no doubt that the spot would be safer
without the price term.
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• . Bank of the West. Were not just bankers,
  were business advisors -- here to help guide
  your finances through the challenges of every
  life stage. Offering a range of financing
  options and personalized service for your loan
  needs. Bankofthewest.com.

References to money are usually taboo in
underwriting circumstances, but what else can a
bank talk about? Does the phrase personalized
service refer to personal as opposed to
commercial accounts or is it puffery?
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• Mrs. Cleaning, the best maid service company in
  San Diego. Fully insured, bonded and licensed.
  Our maids are honest, reliable and trustworthy,
  and quality is our priority. Free quotes by
  email at mrscleaning_at_ureach.com.

Apply Mr. Clean to this one. Its loaded with
qualitative terms (best, honest, reliable,
trustworthy), price terms (free quotes) and
inducements (fully insured bonded and licensed).
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• Hotel California, congratulating Rotary
  International during its Centennial celebration,
  and recognizing the 5000 Los Angeles Rotarians
  who have provided services to our community for
  90 years.

Risky, but defensible. The announcement says
nothing directly about the underwriter, but does
not promote its services or those of another
for-profit business. It seems clear that Hotel
California, not Rotary International, is the
underwriter.
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• Once Upon a Story, offering books for infants
  through teens. This months featured selection
  is Rough Weather Ahead for Walter the Farting
  Dog, the third book in the series for children
  ages 5 8. Once Upon a Story, 740 East 4th
  Street in Long Beach.

Can underwriting be indecent? Sure you want to
be the one to find out? Underwriting fines are
usually modest. Fines for indecency start at
7,000 and quickly jump to 32,500 if children
are targeted. Id be curious about the meaning
of featured selection. If this is code for a
discount, the phrase should be deleted or
modified.
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• KXXX invites you to join us as we celebrate the
  50th anniversary of Disneyland! Well be on Main
  Street this Saturday from noon to three. Just
  look for the giant Mickey balloon and come on
  over for free ice cream and a chance to win some
  great prizes. Dont forget to wear your ears!

Remotes are high risk. The FCC scrutinizes
underwriting that is combined with a remote, and
views with skepticism the argument that such
remotes are station events. The calls to action
(come on over), great prizes and free ice
cream all look like inducements to patronize
Disneyland. The FCC has fined stations for
announcements similar to this one.
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• Morning Edition, supported by Knotts Berry Farm
  where Mrs. Knotts fried chicken dinners have
  been served to park patrons since 1928. Knotts
  Berry Farm is committed to supporting quality
  public radio, which enhances the quality of life
  Californians hold dear. On the web atknotts.com.

A halo effect with a halogen bulb. This
announcement wants to portray the underwriter as
a devoted supporter of public broadcasting and an
equally devoted provider of fried chicken. Weird
but not promotional.
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• Dr. Robert Rey, a pioneer in the revolutionary
  no-visible-scar breast augmentation procedure.
  Dr. Rey also specializes in breast reductions,
  lifts and procedures to correct breast asymmetry.
  On the web at drrobertrey.com.

Controversial businesses make controversial
underwriters. Dr. Rey is into breasts, so if
that will offend your audience, you may want to
decline the underwriter. What would concern the
FCC is Dr. Reys augmented ego. The
self-promotion (pioneer) and qualitative
language (revolutionary) should be nipped and
tucked.
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• The Getty Museum. The museums spring gala
  will benefit the Getty Villa in Malibu, which
  will open in the spring of 2006. For ticket and
  corporate table information, 310-440-7330.

FCC rules prohibit the paid promotion of
for-profit entities, and do not prevent
stations from promoting other non-profits (so
long as regularly scheduled programming isnt
interrupted. IRS rules do apply to other
non-profits, however so unless it is worthwhile
to segregate revenue from promotional non-profit
spots and pay applicable taxes, most stations
make non-profits play by the same rules as
for-profits. This announcement stops short of
promoting the non-profit or its event.
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• Graumans Chinese Theatre, featuring a summer
  movie series of Academy Award-winning
  productions. The series runs throughout the
  month of July. Features and showtimes are on the
  web at manntheatres.com.

The subtle issue here is similar to that between
fine dining (allowable) and mighty fine dining
(not). Ordinarily, the FCC regards awards as a
form of qualitative or comparative language. The
awards here, however, could be defended if they
were used as a principle of selection for
example, if the series was not recent, highly
acclaimed movies, but a retrospective of movies
that had won academy awards in the past.
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• Kanner Architects, specializing in commercial
  and retail architecture. Builders of Puma
  Sportswear stores nationwide, the Men In Black
  theme ride in Orlando and the Bullocks/Westwood
  building in Los Angeles. A complete list of
  projects is on the web at kanner.com.

At first blush, this announcement seems to
violate the taboo of mentioning for-profits that
aren't underwriters. But does it? How else
could an architect identify the Puma Sportswear
stores he designed?
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• ... Dr. Aaron Stone, plastic surgeon, dedicated
  to providing the best care possible. Certified
  by the American Board of Plastic Surgery.
  Accepting all major insurers including Blue Cross
  and Cigna. On the web at aaronstonemd.com.7/5/20
  0519

Dr. Stone may, in fact, be dedicated and
certified, but the truth of those statements does
not negate their promotional qualities.
Similarly, the fact that Dr. Stone is accepted by
certain insurers, would probably be regarded as
an invitation to use his services, not a
description of those services.
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• KXXX is offering a screening of the new movie,
  Bewitched this Wednesday at Landmark Theatres.
  KXXX listeners can pick up tickets at any Barnes
  and Noble location throughout the LA area.

Is this an underwriting announcement? If either
Landmark or Barnes and Noble have provided
consideration in exchange for the announcement,
the announcement fails to identify them as
underwriters. If the stations relationship with
Landmark and Barnes and Noble isarms-length
(e.g., the station has rented the theater, or use
of the theater has been donated with no strings
attached) the references can be defended as forms
of identification.
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• Angel Aware, psychic medium. Services include
  private readings by phone or in personreadings
  for parties or corporate gatheringspsychic
  awareness mini-workshopsand past life readings.
  On the web atangel-aware.com

Many stations only accept underwriting that is
consistent with their educational and cultural
missions. If psychics dont satisfy that test,
the station would decline the underwriter. How
could a rejected psychic claim surprise?
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• Coldwell Bankers Previews International
  Homes.Since 1933, Previews International has
  represented the finest in luxury real estate,
  including castles, estates, palaces and even
  South Pacific Islands. For a Previews marketing
  consultation, contact your Previews
  representative at previewsestates.com.

The FCC has said that identification may become
promotional through repetition, but has not
quantified that principle. Listener exhaustion
may be one guide. At the beginning of the
announcement, I wasnt sure who Previews was. By
the end, I didnt care. Does luxury real
estate mean something besides expensive? Make
the underwriter satisfy you on that point.
Unlike the doctors in the Nexium spot, these
consultants are likely to sell you something -
not just give you information. Be leery of
inviting listeners to contact them.
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ReMax Hollywood Hills, member of RELO, the
national relocation real estate network. Dia and
Ray sell approximately 75 of the homes in the
Hollywood Hills area, and will donate a portion
of their commission to the Childrens Miracle
Network in the buyers name at the close of
escrow. For more information, [phone].
Who is the underwriter? Remax, Dia and Ray, or
RELO? Is this a co-op spot? Its hard to say.
The claim that the underwriter sells more homes
than anyone else and promises to donate a
portion of commissions are attempts to
distinguish the underwriter from competitors.
These claims should be deleted.
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• the Santa Monica Playhouse, presenting a
  benefit performance of Eve Enslers The Vagina
  Monologues this Saturday night. Proceeds
  benefit a host ofnon-profit organizations
  working to end violence againstwomen and girls.

OK if the Playhouse is a nonprofit.
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• This traffic report is brought to you by
  MegaCorp, providing support to the entertainment
  industry for over 40 years. The productions
  created in Southern California lift the spirits
  of movie-goers around the world. More
  information at 800-555-1212.

Is this an issue ad? It does not promote the
underwriter, but does make claims about the
underwriters clients. Are the spirit-lifting
properties of California entertainment so insipid
that they do not constitute a matter of public
importance or interest or too Californian to be
considered the expression of a view?
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• Joan Grable, one of the featured landscape
  designers on Home and Garden Television. Her
  company, Park Slope Designs, offers residential
  and commercial design, specializing in courtyards
  and custom gardens. Layout plans on the web at
  parkslopedesign.net.

The reference to HGTV is problematic. The credit
is used like an award, to establish Joans
expertise and panache, not to describe the
services she offers.
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THANKS!!!!!!!