While some political uses may contain content which the station might ordinarily choose not to broadcast, the station cannot alter the use at all. Such uses would obligate the station to give equal amounts of free time to all opposing candidates. In addition to the question of rates for political ads, stations should be thinking about access for political candidates. If a station does not post such documentation to its public files promptly, the seven-day deadline for equal time claims may be extended. Holiday Shopping; Back to School; Valentine's … Once that determination has been made, any restrictions should be included in the station’s disclosure statements (see below) – and consistently applied. While far more limited in scope, 2019 elections in some states, and many localities, are also rapidly approaching. Posted in Advertising Issues, Political Broadcasting. (The 45/60 day periods are often referred to as “LUC windows.”)  For the 2019 general election the window opened on September 6, and for the November 4, 2020 general election, the window will open on September 3. Once a legally qualified candidate for a given office makes a “use” of a station, all other legally qualified candidates for the same office are entitled to the opportunity to make equal use of the station. In any event, given the clear requirement that federal candidates be afforded “reasonable access,” stations should do some advanced planning about the amount of time likely to be required to reasonably accommodate political advertising. What are “Disclosure Statements” and are stations required to have them? With the first debate among these candidates scheduled for late June, it seems like we have a real election already underway – and it is time for broadcasters to start thinking about their political broadcasting obligations under FCC rules and the Communications Act, and beginning to make plans for compliance with those rules. Take John Bercow. We have written about some of the issues that broadcasters should already be considering in our Political Broadcasting Guide (which we plan to update shortly). His regulatory expertise includes all areas of broadcast law including the FCC’s multiple ownership limitations, the political broadcasting rules, EEO policy, advertising issues, and other programming matters and FCC technical rules. Candidates who are attacked may be calling stations asking that ads from PACs and other third-parties be pulled from the airwaves, and stations need to have plans in place to be ready to evaluate and deal with such claims. Now that all broadcast stations are required to place political files online, it is increasingly important for all radio and television stations to ensure compliance with the political broadcasting rules – not just the substantive rules but the recordkeeping portions as well. These political windows open 45 days before the primary election (or caucus, in states where there is a caucus system that is open to the public for the selection of candidates) and 60 days before general elections. In addition, stations may choose to exclude political advertising from news programming. By David Oxenford on February 6, 2019.

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