6.      Station policy

            a.         Longer is not better

As stated, an acknowledgement is mainly the business name, address, phone number, website and some very basic information about the nature of the business for non-promotional purpose.  Such an announcement would be shorter than the standard lengths used in the broadcast industry for commercial announcements.  Messages that are longer are more likely to include prohibited promotional content.  The FCC has in the past, taken notice of longer messages when taking enforcement actions against broadcast stations.

            b.         Live copy vs. prerecorded copy

Your underwriting acknowledgements are your most sensitive speech that goes over your station.  The wrong words can lead to forfeitures (fines), potential license renewal issues as well as tarnishes the nature of the noncommercial educational broadcast service.  Underwriting messages should be carefully written and screened by station management and/or a compliance officer before being recorded for air. 

By allowing your DJs/announcers to read acknowledgements live over the air, you no longer have the controls of assuring that the message going over the air is compliant.  This is why all underwriting messages are pre-recorded with the approved script.

In addition, there should be a complete separation in program continuity where it comes to playing the announcements.  DJs/announcers should never be allowed to add comments about the underwriter either before or after an acknowledgement as that runs the risk that prohibited messaging would occur.

            c.         Other things to avoid

In addition to live copy, here are some other things to avoid:

• Context of the message:  It is important to remember that this message is an acknowledgement of a donation and not a “purchase of time”.  The script of the acknowledgement message should be spoken as if it is coming from the station and not the underwriter.  The voice talent on the announcement should be a staff announcer or a neutral third party and the script should never suggest that the message is coming from the underwriter.
• Underwriter submitted recordings:  Again, this is an acknowledgement, not a time purchase and needs to come from the station to thank the business.
• Rate cards that include “spot lengths”:  Again, these are “thank yous” by the station to show appreciation to a donor.  While you can discuss with the underwriter what will go in the message, you should not promise a “spot length” that is normally used in commercial advertising.  The average acknowledgement would be about 15 seconds.
• Use of the term “sales”:  You are not “selling” anything per se.  Instead, you are encouraging a business to underwrite the operations of a radio station and in return, the station offers acknowledgement messages that publicizes their business name and location in a non-promotional manner.
• Sound effects, music and jingles: The use of production elements such as sound-effects (such as the whirring of air socket wrench for a tire store), certain types of music and slogan jingles may result in your content crossing the line into a promotion.  These elements should be avoided.  The use of neutral production music behind underwriting announcements may be acceptable as long as the music does not correspond with the business and if it is consistent with the music used behind other underwriting messages.  Copyrighted music (i.e. your CD collection) should never be used behind messages as that could violate the mechanical rights and be outside the scope of your existing ASCAP, BMI and SESCAC licenses.

            d.         Live remotes

NOTE: We have made a major position change on this in August, 2024.  This new language supercedes the previous version.

LPFM/NCE stations should avoid doing live remotes from underwriters or otherwise go on the air where the mere existence of consideration may exist.

In the 1981 decision on the Nature of Noncommercial Educational Broadcasting, the FCC did address live remotes (86 FCC 2d. 153, paras. 32 & 33).  This decision predates the enhanced underwritng guidelines, but there are some takeaways that are still relevant. 

While the free or discounted use of commercial premises may be consideration to the licensee, the contexts of each use is controlling under the 1981 rules.  The Commission will not view the mere permission of an establishment to broadcast an event as consideration. Where broadcast of this programming is based upon the licensee's public interest judgments rather than an exchange of consideration, identification of the origination point would raise no question.  However, obvious promotion of an event and/or establishment could raise factual questions as to the agreement between the establishment and the licensee.  Making an establishment available in exchange for on-air promotion beyond that reasonably related to the production of the program would constitute consideration and would be prohibited.  The Commission stresses that its the anouncment for consideration that invokes the rule, not the event itself.  

This is purely a judgement call on the licensee.  Some stations (such as those in smaller markets or carry a commercially viable format, even if that format is currently not in the market) may be more vulnerable than others to a complaint, which can result in the station wasting resources to find and pay for an attorney to defend the complaint or challenge.  

No matter what, you cannot identify an underwriter except during a natural break in a program, such as the beginning, end, top of the hour or during an intermission in a live performance.  

The easy way around this is simple.  Do not do remotes.  You are not a commercial station.  If you do remotes, stick with public interest events such as festivals, but avoid doing them at commercial establishments, such as the local car dealer.

            e.         Review and approval process

Noncommercial stations should put in place a review process where one or more people in management of the station would review proposed copy for underwriting acknowledgements prior to it being recorded and going on the air.  No DJ, volunteer or other person should be permitted to circumvent this process even if the funds go to the station. 

DISCLAIMER: THIS MANUAL WAS NOT WRITTEN BY AN ATTORNEY AND THEREFORE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE.  REC NETWORKS IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF THIS MANUAL.  THIS GUIDE IS BASED ON 20 YEARS OF KNOWLEDGE OF THE NON-COMMERCIAL (INCLUDING LPFM) BROADCAST SERVICE.