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Members of the Board engaged in an [[underline]]ad hoc[[/underline]]as well as subsequent formal discussion of the official Smithsonian policy towards engaging in contract negotiation with an independent TV producer, David Wolper, for producing Smithsonian-related television programs to be commercially sponsored on prime time.

During the discussion it was concluded that dominant policy implications to be resolved concerned the degree of exclusivity which the Institution could tolerate, the invasion in the prime time TV area of advertising and its implication on Smithsonian quality presentation both in the type of advertising and also rivalries between possible competing sponsors and the pressures involved.  In addition, the firming up of a contract between the Smithsonian and any producer to exclude loopholes and to attain an ironclad contractual arrangement to benefit the Institution, as in competitive business contracts, was deemed essential.  In this area Mr. Austin agreed to furnish a review of any contractual arrangements by the advertising agency used by Coca-Cola.  Mr. Austin also felt that [[underline]]any[[/underline]]contract in which all the funds were to be produced by the producer was likely not to be foolproof, and that the Institution could not hope to retain control over the product.

This evoked a suggestion from Judge Higginbotham that the Smithsonian, recognizing the urgent national need (in view of his experience on the President's Commission on the Causes and