# Atlanta Area Dopers: 97.1 The River  STILL New?!

**URL:** <https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527>\
**Category:** Factual Questions\
**Created:** [May 8, 2008, 4:00am UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527 "2008-05-08T04:00:26Z")\
**Posts on this page:** 14\
**Page:** 1

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**Author:** ![Meeko](https://avatars.discourse-cdn.com/v4/letter/m/e495f1/32.png) [@Meeko](https://boards.straightdope.com/u/Meeko)\
**Post date:** [May 8, 2008, 4:00am UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/1 "2008-05-08T04:00:26Z")

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There is a local radio station in Atlanta that has been advertising for the past 2 years (or more) that it is “” New “”. How is this possible? Isn’t there some law, against this?

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**Author:** ![Hirka\_T\_Bawa](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Hirka\_T\_Bawa](https://boards.straightdope.com/u/Hirka_T_Bawa)\
**Post date:** [May 8, 2008, 4:08am UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/2 "2008-05-08T04:08:53Z")

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Can’t answer the OP, but:

Have they been around that long? Wow… To me they are still the oldies station.

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**Author:** ![Cub\_Mistress](https://avatars.discourse-cdn.com/v4/letter/c/ea666f/32.png) [@Cub\_Mistress](https://boards.straightdope.com/u/Cub_Mistress)\
**Post date:** [May 8, 2008, 11:37am UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/3 "2008-05-08T11:37:28Z")

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To me, they are the station that starts bleeding over into my favorite station at a certain point of my commute to school. ☹ \*-

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [May 8, 2008, 12:16pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/4 "2008-05-08T12:16:42Z")

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[QUOTE=Meeko]  
Isn’t there some law, against this?  
[/QUOTE]  
Actually, there is a [legal decision by the 8th Circuit Court of Appeals](http://www.ca8.uscourts.gov/opndir/04/06/032065P.pdf) (PDF) that protects the right of advertisers to make such claims, known as [puffery](http://en.wikipedia.org/wiki/Puffery):

> [@](#):
>
> Puffery as a legal term refers to promotional statements and claims that express subjective rather than objective views, such that no reasonable person would take literally.

“New” is a subjective term, not a factual one, so the FTC is unlikely to consider it false advertising.

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**Author:** ![Slithy\_Tove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slithy_tove/32/18248_2.png) [@Slithy\_Tove](https://boards.straightdope.com/u/Slithy_Tove)\
**Post date:** [May 8, 2008, 12:19pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/5 "2008-05-08T12:19:12Z")

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technically, it’s constantly emitting new radio waves from its transmitter?

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**Author:** ![muttrox](https://avatars.discourse-cdn.com/v4/letter/m/a8b319/32.png) [@muttrox](https://boards.straightdope.com/u/muttrox)\
**Post date:** [May 8, 2008, 5:47pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/6 "2008-05-08T17:47:00Z")

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It’s been driving me crazy also. I don’t see how that legal reasoning applies. A reasonable person would take it literally, that they were a new station. And they’re not. Just because it’s subjective doesn’t mean it’s arbitrary.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [May 8, 2008, 7:19pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/7 "2008-05-08T19:19:15Z")

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[QUOTE=muttrox]  
It’s been driving me crazy also. I don’t see how that legal reasoning applies. A reasonable person would take it literally, that they were a new station. And they’re not. Just because it’s subjective doesn’t mean it’s arbitrary.  
[/QUOTE]  
So, how old is a radio station when they cease to be ‘new’?

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**Author:** ![muttrox](https://avatars.discourse-cdn.com/v4/letter/m/a8b319/32.png) [@muttrox](https://boards.straightdope.com/u/muttrox)\
**Post date:** [May 8, 2008, 7:50pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/8 "2008-05-08T19:50:46Z")

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People’s opinions would differ, but they would be within a certain range. I would think almost everybody would agree it’s less than 6 months. Certainly not two years.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [May 8, 2008, 8:56pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/9 "2008-05-08T20:56:26Z")

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[QUOTE=muttrox]  
People’s opinions would differ, but they would be within a certain range. I would think almost everybody would agree it’s less than 6 months. Certainly not two years.  
[/QUOTE]  
I would disagree. I would think many people would believe that so long as there is no other newer stations, the latest entry into the market can call itself ‘new’. 2 years, 3 years, it is still the new station until another comes along.

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**Author:** ![muttrox](https://avatars.discourse-cdn.com/v4/letter/m/a8b319/32.png) [@muttrox](https://boards.straightdope.com/u/muttrox)\
**Post date:** [May 8, 2008, 9:07pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/10 "2008-05-08T21:07:46Z")

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There have been plenty of new stations.

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**Author:** ![Meeko](https://avatars.discourse-cdn.com/v4/letter/m/e495f1/32.png) [@Meeko](https://boards.straightdope.com/u/Meeko)\
**Post date:** [May 12, 2008, 11:52am UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/11 "2008-05-12T11:52:08Z")

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[QUOTE=Fear Itself]  
Actually, there is a [legal decision by the 8th Circuit Court of Appeals](http://www.ca8.uscourts.gov/opndir/04/06/032065P.pdf) (PDF) that protects the right of advertisers to make such claims, known as [puffery](http://en.wikipedia.org/wiki/Puffery):“New” is a subjective term, not a factual one, so the FTC is unlikely to consider it false advertising.  
[/QUOTE]

Interesting, My background is Marketing, I sooooo didn’t pick this up as Puffery. I thought that Puffery, on its face, had to compare the product in question, to a similar product.

I mean, I was thinking they were actively seeking out a loophole ((That is, every 6 months, or some other “reasonable” time frame, they would purposefuly do something to re-register as “new”. Add watts, or move their signal, something.)) to maintain the phrasing.

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<div class="post-metadata">

**Author:** ![Meeko](https://avatars.discourse-cdn.com/v4/letter/m/e495f1/32.png) [@Meeko](https://boards.straightdope.com/u/Meeko)\
**Post date:** [May 12, 2008, 12:22pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/12 "2008-05-12T12:22:16Z")

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[QUOTE=Hirka T’Bawa]  
Can’t answer the OP, but:

Have they been around that long? Wow… To me they are still the oldies station.  
[/QUOTE]

That platform moved down to 106.7 I believe.

Yeah, we actually lost a country music station, somehow. Go figure.

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**Author:** ![Bambi\_Hassenpfeffer](https://avatars.discourse-cdn.com/v4/letter/b/bbe5ce/32.png) [@Bambi\_Hassenpfeffer](https://boards.straightdope.com/u/Bambi_Hassenpfeffer)\
**Post date:** [May 12, 2008, 3:27pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/13 "2008-05-12T15:27:01Z")

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Well, they’re certainly not alone. Locally, we have a station that calls itself La Nueva 92.5. _La Nueva_ literally means “The New One”, and this is the only name they’ve had since at least 2005. This is a CBS station, so I doubt very highly that they are in violation of any regulation with the name.

I don’t mind them calling themselves The New One, though. They are newer than the format they used to be, and I can’t imagine caring what a radio station calls itself.

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**Author:** ![N9IWP](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/n9iwp/32/3154_2.png) [@N9IWP](https://boards.straightdope.com/u/N9IWP)\
**Post date:** [May 12, 2008, 5:09pm UTC](https://boards.straightdope.com/t/atlanta-area-dopers-97-1-the-river-still-new/448527/14 "2008-05-12T17:09:22Z")

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Well geologically speaking, they are new.

Brian
