Campaigns & Elections' Political Broadcast Manual - March 2008 - (Page 30)

best advertiser to whom quantity discounts may have been provided. Please note that in order to qualify for lowest unit rates, a Federal candidate must provide the broadcaster with a written certification that the candidate will comply with the notice requirements outlined in Section XI. That certification must be provided at the time a use containing a direct reference to another candidate for the same office is purchased. Classes of Time In the past, the FCC recognized limited classifications of broadcast time. As selling practices in the industry continue to evolve, the FCC permits stations to have numerous classifications, so long as the differences between them are genuine and are clearly defined. First, some definitions as the FCC has adopted them: • • • • Fixed or fixed position – a spot that will be guaranteed to run on a particular date at a specified time. Rotation – a spot which is to run within a specified portion of the broadcast day. Run-of-schedule – a preemptible spot that may be scheduled at any time at the discretion of the station and may be preempted without prior notice to the advertiser. Non-preemptible – a spot that is not subject to preemption during any particular daypart, program or time period. In contrast to a fixed or fixed position spot, a non-preemptible spot may run any time during the designated program, daypart or time period. Preemptible with notice – a spot that may be preempted only after notice is provided to the advertiser by a specific time, for example one week before airing. Frequently, the advertiser will be given the opportunity to pay a higher rate in order to avoid preemption. • Previously the FCC had treated all classes of immediately preemptible time as the same. It now recognizes that many stations use a “yield maximization” system or “grid card” and that treating all such classes of time the same is not what Congress envisioned when it enacted Section 315 of the Communications Act. The FCC also recognizes that commercial advertisers may be willing to take a “significant prospective risk of non-clearance” and accordingly pay less, a risk that a political advertiser might not be so willing to accept. The FCC will permit stations to establish and define their own reasonable classes of immediately preemptible time. These separate classifications, however, may not be based solely on price or the identity of the advertiser. There must be some demonstrable benefit to the advertiser as well as a different obligation upon the station in each classification of time such as varying levels of preemption protection, scheduling flexibility or make-good benefits. There can only be a single class of preemptible time, however, where a station sells by auction such that any spot can be preempted by an advertiser who offers a higher price. By way of contrast, a station may establish separate classes of immediately preemptible time if it discloses a specific price (or limited price ranges) as well as the estimated probability that a spot at each price level will run. Each classification of time must be disclosed to all candidates. The FCC, concerned that there might be some abuse, permits candidates to file complaints challenging classifications viewed as manipulative or discriminatory. The same policy will also apply to time that is preemptible with notice. Stations may establish separate classes of time with varying periods of notice (one day, two days, one week, one month, etc.). These classifications must also be clearly defined, fully disclosed and made available to all candidates. A station generally may not steer a candidate to non-preemptible time by stating that preemptible time is sold out. Preemptible time can be considered sold out only if its preemptible spots may be bumped by spots purchased at a fixed rate or by a higher class of immediately preemptible time. Preemptible time may also be considered sold out if, as a matter of normal business practice, the station limits the number of spots sold in each class of preemptible time. These practices must be followed throughout the year and cannot be restricted to political periods, unless changes are made for bona fide business purposes. Special Classes of Political Time The FCC recognizes that fixed position or non-preemptible spots are more suited to the needs of political advertisers. A broadcaster may create a special class of non-preemptible spots available only to candidates under either of two conditions. First, the special class must be discounted so that it is no more expensive than preemptible time sold to commercial advertisers which bears a genuine risk of preemption. Thus, candidates cannot be charged a premium for non-preemptible time if in fact equivalent or lower-priced preemptible spots are virtually certain to run. Note, though, that a class of time is not considered to be especially for candidates as long as it is genuinely offered, and legitimately available, to commercial advertisers (even if they have not purchased it). 30 « 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

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