§ 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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