Goto Section: 73.1211 | 73.1213 | Table of Contents

FCC 73.1212
Revised as of
Goto Year:1996 | 1998
Sec. 73.1212  Sponsorship identification; list retention; related 
          requirements.

    (a) When a broadcast station transmits 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 station, 
the station, at the time of the broadcast, shall announce:
    (1) That such matter is sponsored, paid for, or furnished, either in 
whole or in part, and
    (2) 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 broadcast 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 
broadcast.
    (i) For the purposes of this section, the term ``sponsored'' shall 
be deemed to have the same meaning as ``paid for.''
    (ii) In the case of any television political advertisement 
concerning candidates for public office, the sponsor shall be identified 
with letters equal to or greater than four percent of the vertical 
picture height that air for not less than four seconds.
    (b) The licensee of each broadcast station shall exercise reasonable 
diligence to obtain from its employees, and from other persons with whom 
it deals directly in connection with any matter for broadcast, 
information to enable such licensee to make the announcement required by 
this section.
    (c) In any case where a report has been made to a broadcast station 
as required by section 507 of the Communications Act of 1934, as 
amended, of circumstances which would have required an announcement 
under this section had the consideration been received by such broadcast 
station, an appropriate announcement shall be made by such station.
    (d) In the case of any political broadcast matter or any broadcast 
matter involving the discussion of a controversial issue of public 
importance for which any film, record, transcription, talent, script, or 
other material or service of any kind is furnished, either directly or 
indirectly, to a station as an inducement for broadcasting such matter, 
an announcement shall be made both at the beginning and conclusion of 
such broadcast on which such material or service is used that such film, 
record, transcription, talent,

[[Page 266]]

script, or other material or service has been furnished to such station 
in connection with the transmission of such broadcast matter: Provided, 
however, That in the case of any broadcast of 5 minutes' duration or 
less, only one such announcement need be made either at the beginning or 
conclusion of the broadcast.
    (e) The announcement required by this section shall, in addition to 
stating the fact that the broadcast 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 (d) of this section are furnished. Where an 
agent or other person or entity contracts or otherwise makes 
arrangements with a station 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 station, 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. Where the 
material broadcast is political matter or matter involving the 
discussion of a controversial issue of public importance and a 
corporation, committee, association or other unincorporated group, or 
other entity is paying for or furnishing the broadcast matter, the 
station shall, in addition to making the announcement required by this 
section, require that a list of the chief executive officers or members 
of the executive committee or of the board of directors of the 
corporation, committee, association or other unincorporated group, or 
other entity shall be made available for public inspection at the 
location specified by the licensee under Sec. 73.3526 of this chapter. 
If the broadcast is originated by a network, the list may, instead, be 
retained at the headquarters office of the network or at the location 
where the originating station maintains its public inspection file under 
Sec. 73.3526 of this chapter. Such lists shall be kept and made 
available for a period of two years.
    (f) In the case of broadcast matter 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 purpose of this 
section and only one such announcement need be made at any time during 
the course of the broadcast.
    (g) The announcement otherwise required by section 317 of the 
Communications Act of 1934, as amended, is waived with respect to the 
broadcast 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. Whenever sponsorship announcements 
are omitted pursuant to this paragraph, the licensee shall observe the 
following conditions:
    (1) Maintain a list showing the name, address, and (where available) 
the telephone number of each advertiser;
    (2) Make this list available to members of the public who have a 
legitimate interest in obtaining the information contained in the list. 
Such list must be retained for a period of two years after broadcast.
    (h) Any announcement required by section 317(b) of the 
Communications Act of 1934, as amended, is waived with respect to 
feature motion picture film produced initially and primarily for theatre 
exhibition.

    Note: The waiver heretofore granted by the Commission in its Report 
and Order adopted November 16, 1960 (FCC 60-1369; 40 F.C.C. 95), 
continues to apply to programs filmed or recorded on or before June 20, 
1963, when Sec. 73.654, the predecessor television rule, went into 
effect.

    (i) Commission interpretations in connection with the provisions of 
the sponsorship identification rules are contained in the Commission's 
Public Notice, entitled ``Applicability of Sponsorship Identification 
Rules,'' dated May 6, 1963 (40 F.C.C. 141), as modified by Public 
Notice, dated April

[[Page 267]]

21, 1975 (FCC 75-418). Further interpretations are printed in full in 
various volumes of the Federal Communications Commission Reports.

[ 40 FR 18400 , Apr. 28, 1975, as amended at  46 FR 13907 , Feb. 24, 1981; 
 49 FR 4211 , Feb. 3, 1984;  49 FR 33663 , Aug. 24, 1984;  50 FR 32417 , Aug. 
12, 1985;  57 FR 8279 , Mar. 9, 1992]


Goto Section: 73.1211 | 73.1213

Goto Year: 1996 | 1998
CiteFind - See documents on FCC website that cite this rule

Want to support this service?
Thanks!

Report errors in this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public