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NCE-FM Fined $9K for Families and Ice Cream

By Peter Tannenwald on May 12, 2008
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The FCC is on the prowl again, this time striking at a station for going over the line with “underwriting” announcements before it gave up the noncommercial ship and switched to commercial status.  And the attack was on the sacred national treasure — Tastee Freeze ice cream.

You will recall that noncommercial stations may acknowledge funding but may not use qualitative terms or suggest that listeners should make a purchase.

The announcements on this station (WCVZ, South Zanesville, Ohio) said that Tastee Freez products are “tastefully decorated” — whoops, that says they are of good quality — and they may be suitable for “a special occasion” — whoops, that’s telling you to buy some if you’re having a party.

The friendly neighborhood realtor also caused heartburn with announcements that “we are about family,” and “we love selling real estate” — whoops, that says they are nice people, which is not allowed.

The FCC did back down in one situation, where a vendor’s products were described as “creative learning materials.”   The FCC left that one alone.

Don’t count on any let-up in the FCC’s enforcement efforts in the underwriting area.  The new decision included a bill to the station for $9,000 to help fund the FCC’s budget.

Photo of Peter Tannenwald Peter Tannenwald

Peter Tannenwald joined Fletcher, Heald & Hildreth, PLC, as a Member, after a 40-year career which included one of Washington’s 10 largest law firms, where he was a partner, and more recently as a named principal of Irwin, Campbell & Tannenwald, P.C. In…

Peter Tannenwald joined Fletcher, Heald & Hildreth, PLC, as a Member, after a 40-year career which included one of Washington’s 10 largest law firms, where he was a partner, and more recently as a named principal of Irwin, Campbell & Tannenwald, P.C. In addition to a broad range of radio and television broadcast station groups and individual station owners and common carrier and wireless clients in both regulatory and transactional matters, he has represented inventors and developers of new technologies and has helped implement several such technologies, including wireless auditory assistance devices for persons with hearing loss, the use of AM broadcast stations for power utility load management, visual captions on television broadcasts, the Interactive Video and Data Service, compatibility of cellphones and hearing aids, and most recently combining television broadcast and broadband services in the same spectrum.

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  • Posted in:
    Communications, Media & Entertainment
  • Blog:
    CommLawBlog
  • Organization:
    Fletcher, Heald & Hildreth, PLC
  • Article: View Original Source

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