§  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 §  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 §  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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