Sec. 76.221  Sponsorship identification; list retention; related 
          requirements.

    (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 percent of the 
vertical picture height that air for not less than four seconds.

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    (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. Where the origination 
cablecasting material 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 matter, the system operator 
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 local office of the 
system. Such lists shall be kept and made available for a period of two 
years.
    (e) In the case of origination cablecast 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 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 or ``want ad'' or classified 
advertisements sponsored by an individual. The waiver granted in this 
paragraph shall not extend to a classified advertisement or want and 
sponsorship by any form of business enterprise, corporate or otherwise. 
Whenever sponsorship announcements are omitted pursuant to this 
paragraph, the cable television system operator 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.
    (g) The announcements required by this section are waived with 
respect to feature motion picture film produced

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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(e), 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 Indentification Rules,'' dated May 6, 1963 (40 F.C.C. 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.

[ 39 FR 18401 , Apr. 28, 1974, as amended at  42 FR 19348 , Apr. 13, 1977; 
 42 FR 23510 , May 9, 1977;  57 FR 212 , Jan. 3, 1992;  57 FR 8279 , Mar. 9, 
1992]