[BC] Reductio ad absurdum -- The things licensees get away with...

[Cowboy]

On Wednesday 29 February 2012 07:46:40 am Tom Taggart wrote:

> The exact
> language is:
> 
> "Commercial licensee certifies that its advertising sales
> agreements do not discriminate on the basis of race or
> ethnicity and that all such agreements held by the licensee
> contain nondiscrimination clauses."
> 
> This can entail a week's worth of discussion--

 Easily, methinks.

 I guess one could slap a clause into all written agreements,
 "By unlegislated federal mandate, we are required to agree
 with you that our agreement does not discriminate on the basis
 of race or ethnicity." even if it does.

 On the other hand, what defines "held by the licensee" ?

 Hey, I don't "hold any agreement" 
 I merely run the ad, and cash the check.

> and keep 
> lawyers entertained for a month, but the bottom line is that
> it is impossible to comply with the rule.

 And at unreasonable expense to be sure.

> What written contracts? Contracts are formed when the agency
> asks for rates, AE replies, and a schedule comes back--all
> by e-mail.

 Are we about to see another one of those "this e-mail is intended
 only for" BS paragraphs appended onto every corporate e-mail
 about not discriminating on the basis of race or ethnicity, *just 
 in case* a sales agreement is reached by e-mail, and so "incorporated
 into and made a part thereof" ??

 We'll end up with "Got it. Thanks." followed by 14 pages of
 legaleese that means nothing.

 Just think...
 Today, 90+ percent of e-mail is spam.
 Tomorrow, 90+ percent of e-mail content will be unlegislated
 federal mandated or lawyer advised disclaimers.

 I guess that's just the price of living in a communist country.

> Contracts are formed when a local direct client 
> meets the AE for lunch & gives him an order.

 I suppose you could mention over drinks....
 "Oh, by the way Frank, the federal government requires that
 we agree that we don't discriminate on the basis of race or ethnicity
 every time we have a conversation about ads on our station."

 Sorta like the cops and Miranda "rights."

> Then there are 
> the network affiliation agreements that we don't write. Most
> require the station to carry network spots--is that not an
> advertising sale?

 I suppose you do the above mentioned "incorporated into"
 thing on any reply accepting their contract ?

> You can't honestly say yes, at least not over a long period,
> but how much will a "no" eventually cost?

 Methinks you can say yes, but ( me being me ) I'd make sure it's
 tossed in as a "required that I tell you by unlegislated federal
 mandate under this Obama administration" and I'd make da&^
 sure it's in *every* political ad buy agreement.
 Even, and especially, if it's an obvious racists ad aimed at a 
 particular "minority" audience and coming from a politician.

 In fact, be nice to add it into the ad just before the "I'm Barack
 Obama, and I approve this message." required statement.
 ( whoever. It just seems even more ridiculous in that one )

 And, what about those stations with no American speaking audience ?
 Of course they discriminate on basis of ethnicity !!
 Be insane not to, *and* a disservice to their audience.


-- 
Cowboy