Campaigns & Elections' Political Broadcast Manual - March 2008 - (Page 46)

XIII. Access to the Political File The political file must be maintained at the same location as the station’s local public inspection file (that is, within 25 miles of its community of license or within the principal community contour of any radio or TV station licensed to that community). It must be available for inspection during all normal business hours, plus at other times (especially close to an election) as necessary to apprise opponents of potential equal opportunities. Prior appointments cannot be required. Those seeking to inspect the file may be asked for personal identification (name and address only) but no other information, including organizational affiliation or the purpose of the request. While stations are expected to be as welcoming as possible, supervision by station staff to ensure the integrity of the file is permitted. Abusive behavior by a party seeking inspection may justify denial of further access. Although traditionally the political file is kept in paper form, the trend of the future clearly is toward electronic databases. If the file is in electronic form, a computer terminal must be available to afford access to the contents of the file. Unlike requests for other items in a station’s public file, telephonic requests for information in the political file need not be answered, although stations must adopt and apply a uniform policy for all such requests, so as to be sure that no favoritism is displayed. The FCC emphasizes that the file must be kept “neat and accurate” so that “anyone viewing the contents of this file will be able readily to discern what the station has sold or otherwise provided to each and every candidate.” To satisfy the requirement of maintaining in the political file a record of the spots that actually run and the time the spots run, some stations include in the file a notation that the station will provide assistance to candidates requesting this information. The political file must be maintained for two years after an election. After this time period the file may be discarded, unless there is a claim against the broadcaster or an investigation by the FCC for which material in the political file is relevant. Updates A primary purpose of the political file is to permit opposing candidates or their representatives to determine whether they are entitled to equal opportunities triggered by political broadcasts of their opponents. Therefore, the political log should be updated on a daily basis and made available as part of the station’s public inspection file. In lieu of keeping a separate political log, a file of Agreement Forms may be kept. Note, however, that all forms requesting time must be placed in the file - even if the request is refused. If a “form file” is used, it must be supplemented with a log of gifts of free time. Rebate information also must be included in the political file. XIV. The Fairness Doctrine The Fairness Doctrine is no longer in effect, either as a general matter or as it was applied to ballot issues in elections. In 1987 the FCC repealed the Fairness Doctrine, which had imposed upon broadcasters the obligations to provide coverage of important issues of public interest in their communities of license, and to assure a reasonable opportunity for the presentation of contrasting viewpoints on such issues. At that time, the FCC did not address the issue of whether the Fairness Doctrine remained intact for elections. A corollary to the Fairness Doctrine, commonly known as the Cullman Doctrine, had required stations to provide free time to Side A on a ballot issue where Side B had purchased advertising time and Side A could not afford to purchase time. When it repealed the Fairness Doctrine, the FCC left open the question of whether it would continue to require stations to provide free time in response to paid time on ballot issues. In January, 1992, the FCC clarified its position, holding that the Fairness Doctrine does not apply to ballot issues. Thus, it now appears that the Cullman Doctrine is of no further effect. However, the “Zapple Doctrine” (which applies to candidates’ supporters - see section VII) remains in effect. XV. Political Editorials In November 2000 the FCC eliminated its rules concerning political editorials and personal attacks, as required by the US Court of Appeals for the District of Columbia Circuit following a successful challenge by the Radio-Television News Directors Association. However, while the Court ruled that the policies could not be sustained on their existing rationales, it did not reject the substance of the policies; rather, it noted that the FCC (or, presumably, Congress) was free to conduct a new rule- 46 « 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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