Prior to that time Intermission was owned and published by Oliver Publishing, Inc. 2. Storer offers its customers three types of service, with separate charges for each. Since Intermission does not describe the programming on local channels, these customers do not receive copies of the magazine. On the other hand, subscribers to the tier channels and premium channels automatically receive monthly copies of Intermission . Breach of any of the conditions of this contract shall give either party the right to immediately terminate.
Intermission is basically a monthly viewing guide for subscribers to the tier and premium channels.
It lists all of the programs appearing on those channels for each day of the month. In addition to the program listings, Intermission contains articles about the movies and other feature presentations for the month. Also, articles frequently describe, in favorable terms, movies and features that will be shown in future months. In addition, Intermission describes how to order the services provided by Storer, frequently describes in its articles what services are offered by Storer, and routinely provides Storer's telephone numbers for the purpose of billing, repairs and sales. Banner did not consider the latter as advertisements.