As a rule, we know it is not ok for an underwriter to suggest that support also comes from another for-profit company in the spot unless the other company also supports the station, but…
Does that rule still apply if a nonprofit underwriter is related to the for-profit that they want to highlight in the message, i.e., both organizations are either “owned” by the same person, or operated under boards of directors with names in common?
If the sponsor is a nonprofit, it is better to avoid the mention of the for-profit altogether but if this is a particular sticking point with the client, it is probably defensible to mention the other company in this case IF:
1) the underwriter is a nonprofit (as there is more flexibility with the FCC) AND
2) it is clear which company is the one supporting the station (sponsor ID rule) AND
3) any copy surrounding the mention of the for-profit company adheres to the FCC guidelines that govern for-profit underwriters. For example:
Not OK:
Support for WKRP comes from The Clarke Foundation and Clarke Eyles, an award-winning full-service law firm serving local, national, and international clients for nearly a century. Learn more at Clarke dot com.
Better:
Support for WKRP comes from The Clarke Foundation, recognizing Clarke Eyles, a full-service law firm serving local, national, and international clients since 1921. More at Clarkefoundation dot org
What about if a nonprofit performing arts venue wants to mention a promotional ticket partner? For example:
Clarke Center, presenting The Bob Band in concert February 25th at the Clarke Performing Arts Theatre. Ticket information at Anytown Dental Tickets Dot Com.
Even though the FCC allows more flexibility for nonprofit underwriters, it is a no go from an FCC standpoint for any underwriter to mention another for-profit company in a spot unless the other company is also supporting the station *or* the URL mention of the other company is a vehicle by which the underwriter provides its services to the public (i.e. ticketmaster.com ). So in this example, assuming the relationship is between the venue and the dental group only, the mention of the dental company is not OK. That said, it would be fine to mention the dental group on the ticket URL landing page itself, just not in the broadcast spot. It is also technically ok for the dental group to be mentioned on digital/print companion units as the FCC does not govern digital or print, but you want to talk through as a station if that is something you would allow in this instance and moving forward, as going further in your digital ads than broadcast may have implications re UBIT (unrelated business income tax).
How about a nonprofit pushing traffic to a for-profit for a fundraiser – charity drive, e.g. bring your donation to Harley Davidson?
If the underwriter is a nonprofit, the announcement should avoid listing for-profits unless the for-profit organizations also support the station. An exception to this principle is that a for-profit event sponsor can be mentioned if the sponsor’s name is part of the name of the event — e.g. Avon Breast Cancer Crusade. In the example above, it would likely be ok to mention Harley Davidson as the location/place where the nonprofit’s own fundraising event or activity was taking place. But if the nonprofit was promoting a Harley Davidson-driven fundraising activity then it would not be permissible.
What about the reverse scenario? Can underwriters mention other nonprofits in a spot?
Yes, it is okay for nonprofit and for-profit underwriters alike to mention another nonprofit in a spot provided that it is clear which company is the one supporting the station *and* the mention of that nonprofit does not put the underwriter in a more positive light (which would be considered qualitative). So, for example, a restaurant mentioning that they will donate a percentage of their proceeds towards a cancer charity is not OK, but a CPA mentioning a tax workshop they are offering at the local food bank is likely fine.
Promoters often want to say the support is coming from the artist or tour even though the invoice will be paid from the theater. Would you say we must insist the support credit comes from theater? At the end of the day, we aren’t feeling that they are trying to deceive anyone.
Good intentions or not, the FCC requires that the organization paying for the credit be identified as the organization supporting the station. So, yes, the support credit should identify the theater if it is paying the invoice. The artist/tour can be mentioned as a product/service, but the theater is the sponsor.
What about mentioning the station itself as the other company? So, an underwriter might want to say “Company B, proud sponsor of WKRP”
It is totally fine for an underwriter to mention the station and that they are a sponsor, even a proud sponsor. Tread carefully though if a sponsor wants to add more to this, e.g. “since 2010” or any other language that paints them in a more positive light than other sponsors on your air, especially those in the same business category.