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47 U.S.C. § 315Candidates for public office

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 1,078 words · no verdicts yet

in plain englishAI-generated · not legal advice

TV and radio stations must give equal airtime opportunities to all candidates running for the same office. Stations can't charge candidates more than their lowest ad rate close to an election. Stations must also keep public records of all political ad requests for at least two years.

(a) Equal opportunities requirement. If a station lets one legally qualified candidate use it, the station must give equal opportunities to every other candidate running for that same office. The station has no power to censor what a candidate says. But a station is never required to let any candidate use it in the first place. A candidate's appearance on (1) a genuine newscast, (2) a genuine news interview, (3) a genuine news documentary — as long as the candidate's appearance is just incidental to the documentary's subject — or (4) live coverage of genuine news events, such as political conventions, does not count as "use" of the station under this rule. Still, in covering news this way, broadcasters must operate in the public interest and give a reasonable chance to discuss conflicting views on important public issues. (b) Charges. (1) In general. What a station charges a candidate for using it cannot be more than: (A), subject to paragraph (2), the station's lowest unit charge for the same class and amount of time in the same period, during the 45 days before a primary or primary runoff and the 60 days before a general or special election; or (B) at any other time, what the station charges other users for comparable use. (2) Content of broadcasts. (A) A federal candidate cannot get that lowest-rate pricing unless the candidate certifies in writing that neither the candidate nor the candidate's committee will directly attack another candidate for the same office in any broadcast under this section — unless that broadcast meets the rules in (C) or (D) below. (B) If a federal candidate makes that kind of attack without meeting (C) or (D), the candidate loses the lowest-rate pricing for that broadcast, and for every other broadcast for the rest of the 45-day or 60-day period, for that election. (C) For a TV broadcast, the candidate meets the requirement if, for at least the last 4 seconds, the screen shows both a clear photo or image of the candidate and clearly readable text naming the candidate and saying the candidate approved the broadcast and the candidate's committee paid for it. (D) For a radio broadcast, the candidate meets the requirement if the broadcast includes the candidate's own voice naming the candidate, naming the office sought, and saying the candidate approved it. (E) The candidate or committee must certify this is accurate at the time they buy the airtime. (F) "Authorized committee" and "Federal office" mean what section 30101 of title 52 says they mean. (c) Definitions. (1) "Broadcasting station" includes a community antenna television system (basically, cable TV). (2) "Licensee" and "station licensee," for such a system, mean whoever operates it. (d) Rules and regulations. The Commission must write the rules needed to carry out this section. (e) Political record. (1) A station must keep, and let the public inspect, a complete record of every request to buy broadcast time that either (A) comes from or on behalf of a legally qualified candidate for public office, or (B) carries a message about a nationally important political matter — including a legally qualified candidate, a federal election, or a nationally important legislative issue. (2) Each record must show: (A) whether the station accepted or rejected the request; (B) the rate charged; (C) the date and time the ad aired; (D) the class of airtime bought; (E) the candidate's name and the office sought, or the election, or the issue involved, whichever applies; (F) for a candidate's request, the candidate's name and the name of the candidate's committee and its treasurer; and (G) for any other request, the name of the buyer, a contact person's name, address, and phone number, and a list of the buyer's top executives or board members. (3) The station must put this information in its political file as soon as possible, and must keep it there for at least two years.
the actual law source: uscode.house.gov ↗public domain
(a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities

If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any—

(1)

bona fide newscast,

(2)

bona fide news interview,

(3)

bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or

(4)

on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto),

shall not be deemed to be use of a broadcasting station within the meaning of this subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the obligation imposed upon them under this chapter to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance.

(b) Charges
(1) In general

The charges made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his campaign for nomination for election, or election, to such office shall not exceed—

(A)

subject to paragraph (2), during the forty-five days preceding the date of a primary or primary runoff election and during the sixty days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period; and

(B)

at any other time, the charges made for comparable use of such station by other users thereof.

(2) Content of broadcasts
(A) In general

In the case of a candidate for Federal office, such candidate shall not be entitled to receive the rate under paragraph (1)(A) for the use of any broadcasting station unless the candidate provides written certification to the broadcast station that the candidate (and any authorized committee of the candidate) shall not make any direct reference to another candidate for the same office, in any broadcast using the rights and conditions of access under this chapter, unless such reference meets the requirements of subparagraph (C) or (D).

(B) Limitation on charges

If a candidate for Federal office (or any authorized committee of such candidate) makes a reference described in subparagraph (A) in any broadcast that does not meet the requirements of subparagraph (C) or (D), such candidate shall not be entitled to receive the rate under paragraph (1)(A) for such broadcast or any other broadcast during any portion of the 45-day and 60-day periods described in paragraph (1)(A), that occur on or after the date of such broadcast, for election to such office.

(C) Television broadcasts

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

(ii)

a clearly readable printed statement, identifying the candidate and stating that the candidate has approved the broadcast and that the candidate’s authorized committee paid for the broadcast.

(D) Radio broadcasts

A candidate meets the requirements of this subparagraph if, in the case of a radio broadcast, the broadcast includes a personal audio statement by the candidate that identifies the candidate, the office the candidate is seeking, and indicates that the candidate has approved the broadcast.

(E) Certification

Certifications under this section shall be provided and certified as accurate by the candidate (or any authorized committee of the candidate) at the time of purchase.

(F) Definitions

For purposes of this paragraph, the terms “authorized committee” and “Federal office” have the meanings given such terms by section 30101 of title 52.

(c) Definitions

For purposes of this section—

(1)

the term “broadcasting station” includes a community antenna television system; and

(2)

the terms “licensee” and “station licensee” when used with respect to a community antenna television system mean the operator of such system.

(d) Rules and regulations

The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

(e) Political record
(1) In general

A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that—

(A)

is made by or on behalf of a legally qualified candidate for public office; or

(B)

communicates a message relating to any political matter of national importance, including—

(i)

a legally qualified candidate;

(ii)

any election to Federal office; or

(iii)

a national legislative issue of public importance.

(2) Contents of record

A record maintained under paragraph (1) shall contain information regarding—

(A)

whether the request to purchase broadcast time is accepted or rejected by the licensee;

(B)

the rate charged for the broadcast time;

(C)

the date and time on which the communication is aired;

(D)

the class of time that is purchased;

(E)

the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable);

(F)

in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and

(G)

in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person.

(3) Time to maintain file

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.

Source credit: (June 19, 1934, ch. 652, title III, § 315, 48 Stat. 1088; July 16, 1952, ch. 879, § 11, 66 Stat. 717; Pub. L. 86–274, § 1, Sept. 14, 1959, 73 Stat. 557; Pub. L. 92–225, title I, §§ 103(a)(1), (2)(B), 104(c), Feb. 7, 1972, 86 Stat. 4, 7; Pub. L. 93–443, title IV, § 402, Oct. 15, 1974, 88 Stat. 1291; Pub. L. 107–155, title III, § 305(a), (b), title V, § 504, Mar. 27, 2002, 116 Stat. 100, 101, 115.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1088
  • 1952Amended · Act of July 16, 1952, ch. 879 · 66 Stat. 717
  • 1959Amended · Pub. L. 86-274 · 73 Stat. 557
  • 1972Amended · Pub. L. 92-225 · 86 Stat. 4, 7
  • 1974Amended · Pub. L. 93-443 · 88 Stat. 1291
  • 2002Amended · Pub. L. 107-155 · 116 Stat. 100, 101, 115

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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