More Digital Billboards Creeping Into Driver's View
By Karin Crompton ,
Published on 11/10/2007 in Home
IN THE HEYDAY OF ROUTE 66, THE most intricate gimmick on a billboard was the waving, mechanical arm of a gigantic, cigarette-shilling cowboy — and the federal government considered that a distraction.
Now, billboard-sized TV screens have replaced the Marlboro Man with digital images that change instantly. They are “giant slide shows in the sky,” according to one critic.
Digital billboards have the capability to do everything a television can do and more, although those that fall under federal jurisdiction cannot use video. Advertisers now buy time slots on digital billboards the way they buy spots on television.
These scenarios are technologically possible: A jackpot winner's photo shows up on the screen minutes after the Lucky 7's lineup at a casino. Or a countdown to Justin Timberlake's next concert — “Three more days 'til the Future Sex/Love Show!” — is part of the rotation.
The billboards are at the heart of an intensified debate between those who consider themselves watchdogs of the federal Highway Beautification Act and billboard owners and advertisers. The technology is advancing rapidly while states struggle to determine whether the latest innovations comply with the act, which was passed in 1965.
The federal law was meant to control the number and style of billboards along interstate highways. States that don't comply with its terms can lose 10 percent of their federal highway aid.
“This is something that all states are hassling with, because technology moves faster than regulation,” said Walter Keuenhoff, supervisor of outdoor advertising control for the New Hampshire Department of Transportation. “You figure our statutes were created in the '60s, and this wasn't even thought of at the time.
“The whole idea of 'no moving parts' (in federal law) was so you wouldn't have the Marlboro Man waving at you. So they didn't think they could have the Marlboro Man waving at you on a TV screen.”
Connecticut allowed the digital billboards by law in 2003, despite objections from the state departments of transportation and public safety. Seven state-permitted digital billboards are operating in Hartford and six in Bridgeport, with images that switch every six seconds, according to the DOT. None is located in southeastern Connecticut.
The state transportation department has received a few complaints dealing with the brightness of two billboards on Interstate 84 and one on Interstate 91 in Hartford. A department spokesman said that the sign companies have brought the signs into compliance. A Sept. 25 memo from the Federal Highway Administration declared that digital billboards are allowed under federal law. Many states, including Connecticut, had already allowed the digital billboards before the federal ruling, but others sought clarification from the highway administration.
The highway administration is commissioning a study, to be completed in 2009, on the “safety attributes” of the new billboards and whether they pose a distraction.
Kevin Fry, president of Scenic America, a nonprofit organization that works to protect the “visual character” of the countryside, said his organization had asked the highway administration in July for a moratorium on digital billboards pending further study.
Instead, said Fry, the agency didn't communicate with Scenic America again before issuing the September memo.
Fry compared the billboards to cigarettes: deadly if used as intended.
“They cannot be safe and (also) be an effective advertising medium,” Fry said.
Fry also questioned why the highway administration would issue a memo allowing the digital billboards, then conduct a study of their safety.
Advertisers, however, love the digital billboards because they can be updated daily or even hourly. And supporters say they carry a public benefit as well.
“The beautiful thing about them is they allow so many public safety applications, law enforcement applications and value to the advertiser, all in one,” said Jeff Golimowski, spokesman for the Outdoor Advertisers Association of America. In March, Connecticut State Police reached an agreement with the Outdoor Advertising Association of Connecticut to use the digital billboards to broadcast Amber Alerts, highway warnings alerting the public to an abduction.
In some areas the billboards are wired into emergency preparedness systems. During the Minneapolis bridge collapse in August, Golimowski said, all the digital billboards in the area switched to traffic information.
There are about 700 digital billboards nationally, according to the Outdoor Advertisers; that compares to more than 450,000 traditional billboard “faces,” Golimowski said.
The Highway Beautification Act was designed to protect the landscape and to minimize driver distraction. Technology has forced authorities to continually update the definitions of words like “flashing” and “intermittent,” both of which the act prohibits.
In 1996, the Federal Highway Administration issued a memo allowing the use of “tri-vision signs,” traditional billboards with triangular slats that rotate to show three different images.
The digital billboards, the agency said in that memo, fall into the same category of “changeable messages ... fixed for a reasonable time period.” Thus, the 2007 memo says, digital billboards “do not constitute a moving sign.”
Golimowski, of the Outdoor Advertisers, said a number of studies demonstrate the billboards are “safety neutral,” and that drivers don't take their eyes off the road longer than they do for a traditional billboard.
Fry, of Scenic America, discredits some of those studies. He added that drivers are wired to watch a digital billboard longer than a traditional ad because they are looking for the next image.
Doug Hecox, a spokesman with the Federal Highway Administration, said the agency considered Scenic America's moratorium request but ultimately decided a clarification for states about the flashing or intermittent lights was all that was needed.
He added: “The study is to determine whether there's a risk to motorists. Until that study is complete, we didn't feel it was appropriate to make policy on gut instinct. We need to wait for data to make decisions.”
Fry said once the billboards are erected, they are hard to remove. If a sign is declared nonconforming or needs to be moved or changed, he said, the takedown must be paid for in cash rather than in payments. The cost includes the value of the structure plus any advertising revenue.
Golimowski said his association expects the number of digital billboards to grow gradually, at a rate of a few hundred per year nationally. He said the billboards will never include moving video or flashing words and that areas like southeastern Connecticut will not become inundated.
In New Hampshire, a state with only 500 billboards, Keuenhoff employs a simple logic.
“I don't think it's gonna be a big issue in New Hampshire,” he said, “only because the advertising companies don't want to irritate the people traveling down the roads.”
k.crompton@theday.com
www.fhwa.dot.gov/realestate/oacprog.htm
www.oaaa.org
www.scenic.org