AAF Government Report

AAF Government Report
March 7, 2007

Contents:

• Sen. Rockefeller to Reintroduce Bill Extending FCC Authority
• National Medical Association Supports DTC Advertising
• "Do Not Mail" Bills Gain Traction in State Legislatures
• Boston Considering Increasing Guerrilla Marketing Restrictions
  

Sen. Rockefeller to Reintroduce Bill Extending FCC Authority
Sen. Jay Rockefeller, D-W.Va., has announced he plans to reintroduce a bill that would extend Federal Communications Commission authority of indecent programming to include cable and satellite content. The bill Rockefeller introduced in 2005 would have also required networks to double the amount of required children's programming content and given greater control to local affiliates to reject offensive content. Rockefeller indicated that he will also seek to give the FCC the authority to regulate violent content on television, as the FCC requested in a letter to Congress last month.

National Medical Association Supports DTC Advertising
The National Medical Association (NMA) released the results of a survey indicating that their member physicians support direct-to-consumer advertising as a means of educating patients and enhancing the doctor-patient dialogue. The NMA, which represents over 30,000 African-American physicians, reported that the percentage of doctors who agree that prescription drug advertisements are beneficial to consumers jumped from 42 percent in 2001 to 65 percent today. Eighty percent of surveyed doctors cited advertising as a key reason patients learned about treatment options. The group recommended improvements to DTC advertising campaigns, including a call to provide information to doctors prior to advertising to consumers. Many of their suggestions have been adopted by the pharmaceutical industry.

"Do Not Mail" Bills Gain Traction in State Legislatures
Legislation creating "do not mail" registries has been introduced in at least 12 states this year. The bills would prohibit marketers from sending commercial mail to anyone who files an opt-out request with the state, in manner similar to the National Do Not Call Registry. Arkansas, Colorado, Connecticut, Hawaii, Maryland, Michigan, Missouri, Montana, New York, Texas, Vermont and Washington have introduced bills so far. While the popularity of these bills is rising with state legislatures, no hearings discussing the negative implications of the bills have taken place.

Boston Considering Increasing Guerrilla Marketing Restrictions
The Boston City Council is considering increased marketing restrictions following two high-profile guerrilla marketing campaigns that wrecked havoc on the city in the past few months. City Council President Maureen Feeney said she will discuss increasing fines for unsanctioned marketing campaigns and further regulating such marketing. The City Council plans to hear from marketers as well as public officials before deciding whether any action should be taken.

AAF Government Report

Jeff Perlman, Executive Vice President – Government Affairs
Clark Rector Jr., Senior Vice President – State Government Affairs
Robert Kohlmeyer, Coordinator, Government Affairs
AAF Government Report
March 1, 2007

Contents:

• Tobacco Bill Clears Senate HELP Committee
• House Commerce Chairman Expresses Digital Television Transition Concerns
• FCC Commissioner Tate Calls for Increased Media Ownership Diversity
• Missouri Senate Bill Aims to Ban Sexually Oriented Billboards
• Maryland Bill Would Tax Advertising-Related Services

Advertising Ban Legislation Introduced in Tennessee
Tobacco Bill Clears Senate HELP CommitteeThe Senate Help, Education, Labor and Pensions (HELP) Committee has given its approval to legislation that would drastically alter tobacco advertising regulation. The Family Smoking Prevention and Tobacco Control Act (S. 625), introduced by HELP Committee Chairman Ted Kennedy, D-Mass., contains several provisions opposed by advertisers. The bill proposes additional warning labels on tobacco advertising, limiting most magazine and store ads to black-and-white text and prohibiting outdoor ads within 1,000 feet of schools or playgrounds. The AAF sent a letter to Sen. Kennedy expressing opposition to the marketing provisions of the bill, arguing that it is unconstitutional to censor nondeceptive advertising for legal products directed at appropriate audiences. A copy of the letter is available here (pdf).

House Commerce Chairman Expresses Digital Television Transition ConcernsHouse Energy and Commerce Committee Chairman John Dingell, D-Mich., has expressed concerns about the ability of the Federal Communications Commission to oversee the logistics of distributing digital-to-analog converter boxes to consumers receiving over-the-air television broadcasts. As part of the digital television transition legislation signed into law last year, the government plans to distribute converter boxes to all Americans without cable or satellite television subscriptions before the digital transition is completed, which is scheduled for February 17, 2009. Dingell said he thought the target date might not be realistic and warned that consumers might not be quick adopters of converter boxes, especially if they are too expensive.

FCC Commissioner Tate Calls for Increased Media Ownership DiversityFederal Communications Commissioner Deborah Taylor Tate announced that one of her goals as a commissioner is to encourage Congress, the FCC and the media industry to increase media ownership diversity. In an address to the Media Institute, Tate suggested several ideas that might increase the participation of minorities and women in media. Among these proposals is a plan to establish a tax break for companies that advertise on minority-owned stations, as introduced in a bill (H.R. 600) this year by Rep. Bobby Rush, D-Ill. A similar tax break existed until it was repealed by Congress in 1995.

Missouri Senate Bill Aims to Ban Sexually Oriented BillboardsA Missouri state senator has reintroduced legislation attempting to ban outdoor advertising of sexually oriented businesses. The bill, introduced by Sen. Matt Bartle, R-Lee's Summit, was originally passed in 2004, but was deemed unconstitutional by a federal appeals court. In its original version, the legislation prohibited adult-oriented businesses from using outdoor signs and billboards to advertise any products, including advertising for innocuous products. The modified bill is more narrowly tailored toward limiting the advertising of sexually oriented businesses but still raises serious First Amendment concerns. Some senators criticized the bill, saying that because the bill was already struck down in court, it was a waste of time and money to vote on the bill again.

Maryland Bill Would Tax Advertising-Related ServicesLawmakers in the Maryland House of Delegates have introduced legislation to extend the sales tax to numerous services, including advertising-related services such as public relations, business consulting, art services, photographic services and direct mail services. The bill (House Bill 448) currently has no Senate companion. It is scheduled for a hearing in the Ways and Means Committee on March 14. Jim Astrachan of the Advertising Association of Baltimore will be among advertising industry representatives testifying in opposition to the tax. A copy of an alert sent to Maryland ad club members is available here.

Advertising Ban Legislation Introduced in Tennessee
New legislation introduced in the Tennessee state senate would fine broadcast and cable stations up to $50,000 if they air advertisements for obscene matter. Sen. Doug Jackson, D-Dickson, named his bill "Girls Gone Wild Be Gone" after seeing a television commercial for adult videos. The Federal Communications Commission has jurisdiction over broadcast television regulation. Sen. Jay Rockefeller, D-W.Va., introduced a bill in 2005 that would have expanded FCC authority over indecency regulation to include cable and satellite programming, in addition to broadcast television, but the bill was never considered by the Senate Judiciary Committee.

AdCast: Episode V

This was the Murphy's Law edition of AdCast. That's right — everything that could go wrong... did — but in true Ad 2 Tampa Bay style, we came out on top. Okay, it really wasn't bad, we just had some technical difficulties that took us by surprise. But the ensuing comedy was great.

• Vinny Tafuro and Jeff Morrow did the monthly update of Ad2's business, including the release of our first quarterly industry calendar, the "AdGenda"

• Bill Hogan and another guest from the Tampa Bay Rough Riders, a prominent Gasparilla Krewe, told us about the killer parade they're throwing in Ybor on St. Patrick's Day.

• Our first attempt at "taking a caller" with a phone interview went less than spectacularly. In the end, we were unable to connect with Gil Sanchez of HYPE, but we had planned to discuss HYPE Week, an upcoming event of theirs.

• Another fun Advertising Insight segment. In fact, another Super Bowl Ad Insight. This time we talked about how things had gone with the commercials we were preparing for in our previous show, and a few that took us by surprise.

Kudos to the team at Tampa Digital Studios for a great job setting up, a valiant effort toward putting together that first live call (we'll get it next time!), and of course for letting us put on the show. Further thanks to La Casa Dolce for being our greenroom sponsor — delicious sandwiches and gelato? Are you kidding me? It's just too good to be true...

February Meeting Recap

Our January meeting was held on Monday the 8th and featured Ginger Reichl, Owner of Pinstripe Marketing and former manager of TD Agency, the internal advertising agency for Tech Data in Clearwater.

Ginger spoke to the group about comparatively about internal agency/marketing departments and independent agencies. The topic was a great follow up on last months program about the Tampa Bay Performing Arts Center's completely internal marketing department.

AdCast: Episode IV

Ah, back from the long vacation and back to the world of AdCast. Tonight's show had some great guests and some great conversations. I may say it every show, but this was our best yet.

• Jeff Morrow and Vinny Tafuro stopped in to get us up to speed on club business and the progress with our public service client.

• Joel Barbosa from Roberts Communications was in to discuss the work he and the agency did on the promotional materials for the 2007 Tampa Bay Advertising Federation's (TBAF) ADDY awards. He discussed the photography, design, and implementation of their "Addy Booty" campaign.

• Katherine Worley came on behalf of the Museum of Science and Industry (MOSI) and told us about a great event they're throwing called Einstein on Wine. The event will feature food, drinks, and entertainment to benefit the museum's educational programs.

• Kari Goetz told us aabout an excellent opportunity that the Tampa Bay Performing Arts Center (TBPAC) has worked out for Ad 2 Tampa Bay — discounted tickets to their showing of the broadway feature "Wicked." Sold!

• This month's Advertising Insight segment was a feature on Super Bowl Advertising. We talked about advertisers' efforts of Super Bowls of the past, and what's in store for this year's big Sunday.

Thanks to everyone at Tampa Digital Studios for letting us put this show together, an excellent all-around job with setting it up. Also thanks to La Casa Dolce, our greenroom sponsor, for the excellent spread they put out.

Your Opportunity to Create Change

Ad2's Public Service Campaign is in full swing! Following a hefty strategic planning meeting with the Board of Suncoast Voices for Children over at the Sheriff's office (it wasn't nearly as scary as we expected), we are now prepared to form an official Creative Committee. At this time, we would like all parties interested to contact creative@ad2tampabay.org to proclaim your interest. Within the next week, we will begin looking at what opportunities will exist, and who can address them. Graphic designers, web designers, traditional artists, production artists, video production, and more are all of interest. I look forward to hearing from all of you.

January Meeting Recap

Our January meeting was held on Monday the 8th and featured Kari Goetz, Audience Development Manager for the Tampa Bay Performing Arts Center. Kari spoke to the group about the marketing and re-branding efforts of the TBPAC and the celebration of the organization's 20th anniversary.

We also announced our upcoming Ad 2 does Wicked event on March 6, 2007 sponsored by Tri-Dimensional Studios.

UPDATE 1/24/07: We've also hosted Kari on our January AdCast, so if you'ld like the 411 on Wicked you can view the video here.

UPDATE 2/1/07: The Ad 2 Wicked event is a sell out and promised to be a Wickedly fun event with 35 in our group attending the Tuesday performance. If you want to buy your own ticket for the evening you may still do so through the TBPAC box office on your own.