For perspective, here is what the proposed copy could look like (of course, we changed the name of the product):
“Programming on WVWA-LP is sponsored in part by The Widget, a personal care product. More information at the widget dot com. Thank you to The Widget for supporting our station.”
Now, when you review this copy, you may think it is OK because there is no promotional content such as comparative, qualitative or quantitative information. There is no seed plants and no calls to action. The “personal care product” part may border on a solution suggestion. If you take that part out, one might think we cannot deny this copy.
However, there is a major problem with this copy, sponsorship identification.
Section 317(a)(1) of the Communications Act states:
All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person: Provided, That “service or other valuable consideration” shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast.
This has been implemented by the FCC in Section 73.1212 of the Rules. §73.801 states that this rule also applies to LPFM stations.
Normally, when you see a commercial on TV for a product, the name of the company that is associated with the product may not always be spoken, but it may appear on the screen in either small print or it is more obvious, such as the Japanese style “tags” that some sponsors have been doing lately.
On radio, listen carefully to some commercials. For example, you may hear a “Real Men of Genius” Budweiser commercial, but notice on the end, you hear “Anheuser Busch, St. Louis, Missouri”. That is the required sponsorship identification.
With that said, products do not pay for advertising or underwriting support, companies do. The copy above does not include the company name. That needs to be included in the copy. The copy above can be reworded carefully to highlight the product as one of their product lines and still meet the sponsorship identification requirements:
“Programming on WVWA-LP is sponsored in part by Acme Products Company, makers of The Widget. More information at the widget dot com. Thank you to Acme Products Company for supporting our station.”
Bottom line, you have to provide identification of who is writing the check. Products only is not acceptable on either commercial or noncommercial radio (even though you may hear violations of this in commercial radio, it does not make it right). Remember, you do not have a fleet of attorneys and your beck and call to defend this. Play it safe and follow the guidelines.
