We’ll look at each of those areas below but we highly encourage stations with questions to contact their communications counsel. (vi) Systems shall not establish a separate, premium-priced class of time sold only to candidates.
As election season approaches, station management should ensure that all sales personnel are well-informed about the substantive rules and the recordkeeping obligations related to political broadcasting.
(xi) Systems are not required to include non-cash promotional merchandising incentives in lowest unit charge calculations; provided, however, that all such incentives must be offered to candidates as part of any purchases permitted by the system. In the case of any political advertisement cablecast under this paragraph that concerns candidates for public office, the sponsor shall be identified with letters equal to or greater than four (4) percent of the vertical picture height that air for not less than four (4) seconds.
(3) Has met the qualifications set forth in either paragraph (b), (c), (d), or (e) of this section. Section 76.1611 [47 CFR §76.1611] Political cable rates and classes of time. [political advertising on non-commercial broadcast stations], §73.1940 Legally qualified candidates for public office. (2) By whom or on whose behalf such consideration was supplied: Provided, however, That "service or other valuable consideration" shall not include any service or property furnished either without or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification of any person, product, service, trademark, or brand name beyond an identification reasonably related to the use of such service or property on the broadcast. Perhaps the most troublesome question for many stations is the question of the rate that may be charged for political advertising.
Systems may not use class distinctions to defeat the purpose of the lowest unit charge requirement. The rates, if any, charged all such candidates for the same office shall be uniform and shall not be rebated by any means, direct or indirect.
All candidates for the same office must be treated in an equal manner.
(iii) Systems may establish and define their own reasonable classes of immediately preemptible time so long as the differences between such classes are based on one or more demonstrable benefits associated with each class and are not based solely upon price or identity of the advertiser. Where an agent or other person or entity contracts or otherwise makes arrangements with a cable television system operator on behalf of another, and such fact is known or by the exercise of reasonable diligence, as specified in paragraph (b) of this section, could be known to the system operator, the announcement shall disclose the identity of the person or persons or entity on whose behalf such agent is acting instead of the name of such agent. Since federal candidates enjoy considerable discretion to tailor their campaigns as they see fit, stations should avoid setting flat limits on the total amount or types/classes of time available to federal candidates. Whenever sponsorship announcements are omitted pursuant to §76.1615(f) of subpart T, the cable television system operator shall observe the following conditions: (a) Maintain a list showing the name, address, and (where available) the telephone number of each advertiser; (b) Make this list available to members of the public who have a legitimate interest in obtaining the information contained in the list.
(b) Political broadcasting requirements—. (a) General requirements. (2) DBS origination programming is defined as programming (exclusive of broadcast signals) carried on a DBS facility over one or more channels and subject to the exclusive control of the DBS provider.
No obligation is hereby imposed under this subsection upon any licensee to allow the use of its station by any such candidate. – A candidate meets the requirements of this subparagraph if, in the case of a television broadcast, at the end of such broadcast there appears simultaneously, for a period no less than 4 seconds –, (i) a clearly identifiable photographic or similar image of the candidate; and. (1) Charges for use of DBS facilities. Where an agent or other person or entity contracts or otherwise makes arrangements with a station on behalf of another, and such fact is known or by the exercise of reasonable diligence, as specified in paragraph (b) of this section, could be known to the station, the announcement shall disclose the identity of the person or persons or entity on whose behalf such agent is acting instead of the name of such agent. shall not be deemed to be use of a broadcasting station within the meaning of this subsection. (viii) Lowest unit charge may be calculated on a weekly basis with respect to time that is sold on a weekly basis, such as rotations through particular programs or dayparts. be qualified to be on the ballot or be eligible to be a write-in candidate. 17, 1980; 45 FR 28141, Apr. In contrast to federal candidates, candidates for state and local office (e.g., mayor, county council, school board, etc.) Photo by Jomar courtesy of the Creative Commons Licence. [43 FR 32795, July 28, 1978, as amended at 43 FR 45856, Oct. 4, 1978; 43 FR 55769, Nov. 29, 1978; 45 FR 26066, Apr.
The FCC’s political file rule requires stations to maintain, and allow public inspection of, records of all requests for political time. (1) to promote any service, facility, or product offered by any person who is engaged in such offering for profit; (2) to express the views of any person with respect to any matter of public importance or interest; or. Ordinarily, it should describe the classes of time available to advertisers, the LUC for each class, any make-good policies, policies on the preemption of ads, and any other sales practices or information that would be relevant to advertisers. – The Commission shall, within 180 days after the date of enactment of this section, initiate a rulemaking proceeding to impose, on providers of direct broadcast satellite service, public interest or other requirements for providing video programming. Whenever sponsorship announcements are omitted pursuant to this paragraph, the licensee shall observe the following conditions: (1) Maintain a list showing the name, address, and (where available) the telephone number of each advertiser; (2) Make this list available to members of the public who have a legitimate interest in obtaining the information contained in the list. 95), continues to apply to programs filmed or recorded on or before June 20, 1963, when § 73.654, the predecessor television rule, went into effect. (i) Commission interpretations in connection with the provisions of the sponsorship identification rules are contained in the Commission’s Public Notice, entitled “Applicability of Sponsorship Identification Rules,” dated May 6, 1963 (40 F.C.C. (The 45/60 day periods are often referred to as “LUC windows.”). (F) DEFINITIONS.
The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section. (a) Charges for use of cable television systems. Such demonstrable benefits include, but are not limited to, varying levels of preemption protection, scheduling flexibility, or associated privileges, such as guaranteed time-sensitive make goods. (v) Stations may treat non-preemptible and fixed position as distinct classes of time provided that stations articulate clearly the differences between such classes, fully disclose them, and make them available to candidates. Further interpretations are printed in full in various volumes of the Federal Communications Commission Reports. (xi) Stations are not required to include non-cash promotional merchandising incentives in lowest unit charge calculations; provided, however, that all such incentives must be offered to candidates as part of any purchases permitted by the licensee. (For such planning, it is obviously wise to consider the number of candidates competing for the various federal offices, since a “use” by one candidate can trigger “equal time” claims by others running for the same office.). – The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years. (d) Burden of proof.
(4) Use of facilities; equal opportunities. As explained below, federal candidates also must make an affirmative certification that their advertisements meet certain criteria to qualify for the LUC. (3) TIME TO MAINTAIN FILE. (1) All matter broadcast by any radio station for which any money, service, or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person: Provided, That “service or other valuable consideration” shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast.
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