Basic FCC Law and Policy
What rights do candidates for public office have to purchase time on a broadcast station?
Federal candidates have the right to purchase reasonable amounts of time. State and local candidates have no such right, but like federal candidates, are entitled to equal opportunities when their opponents have purchased time or been given free time. You may request further information on the rules governing political broadcasting by calling 202-418-1440.
How do I determine the lowest unit charge for political advertising?
The lowest unit charge is the rate the station charges its most favored commercial advertiser for the same class and amount of time during the same time period or program. You may request further information on the rules governing political broadcasting by calling 202-418-1440.
What can the FCC do to assist a candidate who believes that he/she is not receiving adequate news coverage?
There is no law or regulation which entitles candidates to news coverage. Consistent with the First Amendment to the Constitution, broadcasters are generally free to present the news based on good faith journalistic judgment of what stories are most newsworthy. Moreover, an appearance by a candidate in a news program would not entitle an opposing candidate to a right of equal opportunities. You may request further information on the rules governing political broadcasting by calling 202-418-1440.
Federal Communications Commission
445 12th Street, S.W.
Complaints and Political Programming Branch
Enforcement Division, Mass Media Bureau
Washington, D.C. 20554
202-418-1440
http://www.fcc.gov/mmb/enf/forms/fcc100.html
Below are some of the important sections in the FCC's broadcast programming basic law and policy, which are of interest to candidates. For the full text, see the FCC site: http://www.fcc.gov/mmb/prd/docs/manual.html
The FCC and Freedom of Speech.
The First Amendment and federal law generally prohibit us from censoring broadcast material and from interfering with freedom of expression in broadcasting.
Individual radio and TV stations are responsible for selecting everything they broadcast and for determining how they can best serve their communities. Stations are responsible for choosing their entertainment programming, as well as their programs concerning local issues, news, public affairs, religion, sports events, and other subjects. They also decide how their programs (including call-in shows) will be conducted and whether to edit or reschedule material for broadcasting. We do not substitute our judgment for that of the station, and we do not advise stations on artistic standards, format, grammar, or the quality of their programming. This also applies to a station's commercials, with the exception of commercials for political candidates during an election (which we discuss later in this manual).
Access to Station Facilities.
Stations are not required to broadcast everything that is offered or suggested to them. Except as required by the Communications Act and our rules concerning personal attacks, political editorials, and the use of stations by candidates for public office (which are discussed later in this manual), stations have no obligation to have any particular person participate in a broadcast or to present that person's remarks. Further, no federal law or rule requires stations to broadcast "public service announcements" of any kind.
Retention of Material Broadcast.
We generally do not require stations to keep the material they broadcast. However, there are limited exceptions to this policy for personal attacks and political editorials.
Personal Attacks.
Personal attacks occur when, during the presentation of views on a controversial issue of public importance, someone attacks the honesty, character, integrity, or like personal qualities of an identified person or group. No more than a week after a personal attack, the station must transmit the following three things to the person or group attacked: (1) notification of the date, time, and identification of the broadcast; (2) a tape, script or accurate summary of the attack; and (3) an offer of a reasonable opportunity to respond on the air.
Political Editorials.
A political editorial is when a station endorses or opposes a legally qualified candidate(s) during a broadcast of its own opinion. (The opinions of other people broadcast over the station are referred to as "comments" or "commentary"). Whether a statement of opinion is an editorial or a commentary will usually be made clear at the beginning of the statement. Within 24 hours after the editorial, the station must transmit the following three things to the other qualified candidate(s) for the same office, or to the candidate(s) that were opposed: (1) notification of the date and time of the editorial; (2) a script or tape of the editorial; and (3) an offer of a reasonable opportunity for the candidate or a spokesperson for the candidate to respond on the air.
Broadcast Journalism.
Under the First Amendment and the Communications Act, the FCC cannot tell stations how to select material for news programs, and we cannot prohibit the broadcasting of an opinion on any subject. We also do not review anyone's qualifications to gather, edit, announce, or comment on the news; these decisions are the station's responsibility.
Political Broadcasting.
Broadcasts by Candidates for Public Office.
When a qualified candidate for public office has been permitted to use a station, the Communications Act requires the station to "afford equal opportunities to all other such candidates for that office." The Act also states that the station "shall have no power of censorship over the material broadcast" by the candidate. We do not consider either of the following two categories as a "use" that is covered by this rule:
 | An appearance by a legally qualified candidate on a bona fide newscast, interview or documentary (if the appearance of the candidate is incidental to the presentation of the subject covered by the documentary); or |
| on-the-spot coverage of a bona fide news event (including political conventions and related incidental activities). |
Political Editorials.
Within 24 hours of airing an editorial where the station itself either supports or opposes a candidate for public office, it must transmit the following three things to the other qualified candidate(s) for the same office or to the candidate who was opposed in the editorial: (1) notification of the date and the time of the editorial; (2) a script or tape of the editorial; and (3) an offer of a reasonable opportunity for the candidate or a spokesperson for the candidate to respond on the air.
Criticism, Ridicule, and Humor Concerning Individuals, Groups, and Institutions.
The First Amendment's guarantee of freedom of speech protects programming that stereotypes or otherwise offends people with regard to their religion, race, national background, gender, or other characteristics. It also protects broadcasts that criticize or ridicule established customs and institutions, including the government and its officials. If there is to be genuine free speech, people must be free to say things that the majority may abhor, not only things that the majority finds tolerable or congenial.
"Clear and Present Danger."
The Constitution protects advocacy of using force or of violating the law. However, the Supreme Court has said that the government may curtail speech if it is both: (1) intended to incite or produce dangerous activity; and (2) likely to succeed in achieving that result. Even where this "clear and present danger" test is met, we believe that any review that might lead to a curtailment of speech should be performed by the appropriate criminal law enforcement authorities, and not by the FCC.
Sponsorship Identification.
Sponsorship identification or disclosure must accompany any material that is broadcast in exchange for money, service, or anything else of value paid to a station, either directly or indirectly. This announcement must clearly say that the time was purchased and by whom. In the case of advertisements for commercial products or services, it is sufficient to announce the sponsor's corporate or trade name, or the name of the sponsor's product (where it is clear that the mention of the product constitutes a sponsorship identification).
Political File.
Stations must keep a file containing records of all requests for broadcast time made by or for a candidate for public office. The file must identify how the station responded to such requests and (if the request was granted) the charges made, a schedule of the time purchased, the times the spots actually aired, the rates charged, and the classes of time purchased. The file must also reflect any free time provided to a candidate. The station must keep the political records for two years after the spot airs. You can find the political broadcasting rules elsewhere in this manual.
