Campaigns & Elections' Political Broadcast Manual - March 2008 - (Page 16)

• • • The number of candidates in a particular race; The equal opportunities likely to be requested by opposing candidates and the probable timing of such requests; The potentially destructive impact on the station’s regular programming. Non-Federal Candidates Broadcasters are not required to provide access to non-federal candidates. Although there is no requirement to provide time to non-federal candidates, many civic leaders consider it fair and reasonable to do so. Moreover, the public tends to look to broadcasters for thorough and fair reporting of the candidates and the issues in the election. Assuming that a broadcaster will want to provide some access for non-federal candidates, it may allocate time to those non-federal political races which it determines to be of greatest importance to its service area. Broadcast time for less important races can be limited or even refused. Once a broadcaster decides to present the candidates for a given office, it may also: • • • • • Limit time sales to a given pre-election period; Limit program or spot availability to certain amounts or day-parts; Limit candidates to a specific format (such as one-minute spots or five-minute programs only); Refuse to sell time at all; and Give away free time equally to the candidates and sell no spots. Keep in mind that once airtime is provided to a candidate for any office, the rules discussed in the remaining sections of this manual will apply with full force, including the equal opportunity and lowest unit charge obligations. Election Weekend Sales During the 1990 election there was some confusion as to whether station personnel must be available to process orders for political time on the weekend before the election. The FCC clarified this requirement, stating that if a station had taken an order from any commercial advertiser on a weekend even once during the previous year, then it must be available to sell time to political advertisers on the weekend before the election. The FCC further clarified that the services to be made available to the political advertiser need be no more extensive than the range of services that had been provided to any commercial advertiser. Thus, if access had been given to the commercial advertiser only to deliver or change copy, then only the same service need be afforded to candidates. If a station can prove that it has not sold time on weekends during the past year, it can justify a refusal to sell time to political candidates on the weekend before the election. However, a station that has done this just once for a favored advertiser (such as for a store running a holiday promotion or a movie preparing to open), must then process political advertising requests on the weekend before an election. IV. “Uses” of Broadcast Facilities In 1994 the FCC reverted to its former definition of what constitutes “use” of a station’s facilities. Any positive use of a candidate’s voice or picture in a context not otherwise exempt constitutes a “use.” The significance of a use is that it entitles the candidate to lowest unit rates and triggers the “equal opportunities” provision of Section 315 of the Communications Act. Fleeting appearances and disparaging uses of the candidate’s voice or picture by an opponent will not trigger Section 315 nor will any of the recognized exceptions in the statute, which include: (1) bona fide newscasts, (2) bona fide news interviews, (3) bona fide news documentaries and (4) on-the-spot coverage of bona fide news events (including political documentaries). These four categories will be discussed in the next section. The former requirement that limited a “use” to only a voluntary recognizable appearance controlled, sponsored or approved by the candidate was deleted in 1994. Congress occasionally considers election reform proposals which could restore the previous rule or impose other limitations upon qualification as a “use.” Until then, an involuntary appearance, such as a use arranged by another party but not authorized by the candidate or the broadcast of a recording or film featuring the candidate without his or her authorization, would be considered a “use,” so long as it is positive rather than disparaging. The candidate’s appearance on a spot must be identifiable to constitute a “use”. The candidate’s voice qualifies as aural identification and makes a spot in which it is clearly heard into a “use”. Even if a candidate merely reads the sponsorship tag, his or her voice on the spot for this purpose brings the spot within the “use” definition if his or her voice is identifiable to a substantial segment of the community. There is little guidance on the question of how long an appearance must be to be considered visually identifiable, although the FCC has considered spot appearances of two seconds in a photo montage and 16 « March 2008

Table of Contents Feed for the Digital Edition of Campaigns & Elections' Political Broadcast Manual - March 2008

Campaigns & Elections' Political Broadcast Manual - March 2008 Contents Introduction – The Scope of the Political Broadcasting Rules “Legally Qualified” Candidates Reasonable Access “Uses” of Broadcast Facilities Exempt Programs Requests for Equal Opportunities Equal Opportunities Lowest Unit Charges The Disclosure Censorship of Uses Sponsorship Identification Political File Contents Access to the Political File The Fairness Doctrine Political Editorials Personal Attacks Issue Advertising News Distortion Conclusion

Campaigns & Elections' Political Broadcast Manual - March 2008

For optimal viewing of this digital publication, please enable JavaScript and then refresh the page. If you would like to try to load the digital publication without using Flash Player detection, please click here.