Campaigns & Elections' Political Broadcast Manual - March 2008 - (Page 42)

opinion that the ads in question were in “substantial compliance,” if not literal compliance, with the disclosure requirements. One might assume, therefore, that broadcasters may make the same judgment of substantial compliance. However, until reliable guidance is made available, broadcasters remain vulnerable. Hidden Sponsorship A question will occasionally arise as to whether a broadcaster has a duty to investigate charges of “hidden sponsorship,” that is, where there is some indication that an unidentified party is really responsible for an ad. The emerging standard appears to be that the duty arises only when the broadcaster is presented with circumstances that raise a suspicion in the mind of a reasonable person. Actual knowledge of the true sponsor would require an appropriate identifying announcement. But if confronted with conflicting allegations of sponsorship, a broadcaster may rely upon the nominal sponsor’s representation that it is, in fact, the true sponsor, absent circumstances so strong as to outweigh the value of such an assurance. In any event, no arduous investigation is required. Pre-Broadcast Submissions A station may request, but cannot require, pre-airing submissions of political advertising. Remember – this is not for purposes of censorship, but only to verify length, technical compatibility and compliance with the sponsorship identification rule. (See Section X.) State Requirements Occasionally, a state may impose more stringent sponsorship regulations. Texas, for example, requires that all political tags include the address of the sponsor as well as a statement that the spot is a paid political announcement. To the extent that such state requirements supplement rather than conflict with FCC requirements, they are valid. XII. Political File Contents The political file is the primary means by which candidates, the public and the FCC can monitor a broadcaster’s compliance with the political broadcasting rules. Broadcasters must keep a political file containing information with respect to all requests to purchase political broadcast time, whether or not made on behalf of a legally qualified candidate. BCRA created a new definition of “Electioneering Communications.” Covered are all messages relating to any political matter of national importance, including legally qualified candidates, any election to federal office or a national legislative issue of public importance. Note that a national issue of public importance could include any of a multitude of issues, including state issues. For example, a discussion about California air pollution laws being proposed for autos might impact auto manufacturing generally and thereby trigger national pollution control issues, or national employment issues were it to shut down a factory, or international trade issues were it to raise manufacturing costs that would make American goods uncompetitive with imports. The records for Electioneering Communications must contain the following information: • • • • • • • Whether the request to purchase broadcast time is accepted or rejected by the broadcaster The rate charged for the broadcast time The date and time on which the broadcast is aired The class of time purchased The name of the candidate, office, election or issue to which the communication refers (as applicable) If a request is made by, or on behalf of, a candidate, then the name of the candidate, the authorized committee of the candidate and the treasurer of such committee In the event of any other requests, the name of the person purchasing the time, the name, address and phone number of a contact person for such purchaser, and a list of the chief executive officers or members of the executive committee or board of directors of such purchaser All requests for political broadcast time – including equal opportunities – must be reduced to writing and kept in the political file. Please note, though, that this rule applies only to specific requests for time and that mere inquiries as to rates or for general information are not included. 42 « 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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