What do you think?
In another thread the question of running programs on an LPFM which contain commercial announcements came up.
An LPFM license is for a non-commercial station. As such "commercials" or announcements that induce a "call to action" (buy me, get the best price here, etc.) are not permitted. An LPFM is permitted to accept financial support from sponsors and you can mention that so-and-so sponsored the air time. But, no "call to action" per the FCC rules.
So here's my dilemma. I'd love to run the Oompah Hour on WCFI-LP. In some of the programs Tim mentions Melanies Music. So listen to this and see what you think:
The message is telling you to come to Melanie for music lessons, free the first time which implies after that it's a for profit operation.
I'm a little uneasy about airing the Oompah Hour programs on the LPFM for this reason which is a shame because I'd love to do so.
So, what do you think? "Call to action" or not?
That certainly could be. I have not heard that on the shows I have run. You could always download and edit them out?
Yes, I considered editing the programs but I'd hate to cut them up as Tim so eloquently weaves the mentions into the dialogue.
I think the Oompah Hour is run on other LPFM stations... if so, it would be worthwhile to contact them and tap their thoughts.
On the other hand you might inadvertantly cause those stations to take alarm and drop the program.
Given the opportunity, I'll study the question a little more.
First lesson, absolutely free, no obligations, no direct mention of purchasing.. Sounds safe to me, but perhaps running on the borderline with the implication, but nothing is being sold..
That's just my gut opinion.
Edit.. I don't know.. I feel your uneasiness. I changed my mind already, it feels too risky. If it were me in your shoes, I'd edit the part about "first lesson free" and "no obligation". or not run it.
On that particlar spot I would edit it out. The other stuff like the museum is OK.
Melanies Music isn't a sponsor any more. It's the World of Accordions Museum, and the International Polka Association, both non-profit 501c3 organizations.
However, I am carried on other LPFM stations, one in particular was concerned when Melanie was still on the air -- he didn't know for sure if it was OK, and checked with the station lawyer who said it was fine.
I personally know very little about LPFM rules. However, I guess they are similar to public radio rules, same "no call to action" etc. However, as a regular listener to "A Prarie Home Companion" I remember a lot of ads for Ford that had tag lines like "Ford... drive one today". If that's not a call to action what is? They were run on hundreds of stations. I believe the loophole is that the STATION ITSELF is not selling any ads, and is not receiving any money for them.
If you listen to enough public and educational radio you hear a heck of a lot of ads within programs that sound like regular radio & TV ads.
But at this time, it's really a moot point since I have two non-com sponsors 🙂
Oompah Tim
TIB Said: "But at this time, it's really a moot point since I have two non-com sponsors :)"
I said: WLSL-LP is proud to carry "Tim's Oompah Hour"
On Part 15 radio stations we can mix commercial, non-commercial, dead-air, religious, conspiracy theory, science, open microphone, ANYTHING!
And it's all legal!
Show me another type of radio service where you can do ANYTHING!
Well in theory XM radio could be a free for all, just like internet radio.
Try and get your station on XM or satellite Radio and see where that would lead. Although I'd like to see channels start to form where people could have a hobby station on satellite. But Oh the Royalties would be 4x what there are already for the Internet. Don't think it will ever happen in Toays Laws. But change them and it would be a great way to go.
The key difference between satellite and Part 15 or any other terrrestrial radio, or streaming for that matter is...
They CHARGE a subscription fee to receive their programming. So they're getting paid (a lot) to provide the musical works of others.
So they have higher royalties, and even then have some negotiating power just because of their size. I believe satellite radio royalties are in the ballpark of streaming (multiplied of course by the number of subscribers and number of channels available). Imagine if you were running a hundred or so different streams!
I subscribe to satellite in one of the cars, and my wife also has it in her car. I like to have the channels when traveling. What frosts my cookies about satellite is every radio I were to buy requires an additional paid subscription. I get ads from them all the time for a "free" radio, for in the house, in the garage, on the go (portable) etc. Except it costs $$ monthly for each radio to work!
TIB
Anyway.........."Tim's Oompah Hour" is good to run on LPFM's.