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This memorandum is intended to
provide a brief synopsis of federal laws and Federal Communications Commission regulations
concerning political advertising, including changes resulting from the Bipartisan Campaign Reform
Act {"BCRA ") that became effective at the beginning of 2004. These laws and regulations impose on
the licensees of all broadcast stations a number of related, but distinctly
separate requirements, under which stations are obligated to:
Fully disclose each station's political advertising policies;
Offer time to political candidates at the "lowest unit charge" during specified
periods before primary and general elections;
Provide all legally qualified candidates for federal office with "reasonable
access”;
Allow "equal opportunities" to all legally qualified candidates seeking the
same office;
Air political advertisements without censoring them;
Fully identify the sponsor of all political advertisements; and
Maintain a political file, available for inspection by the public and other
candidates.
In addition, federal election law imposes separate sponsor identification
requirements and restrictions on electioneering communications of which broadcasters should be
aware. Each of these requirements is briefly summarized below.
I. Station Disclosure of Political Advertising Policies.
The FCC's rules require al] broadcast stations to disclose to political
candidates information about the types of spots and discount privileges offered to their commercial
advertisers. The disclosure statement, which is far more extensive than a simple rate card, must be
provided to all candidates or their representatives who request information from the station. The
disclosure must include a description of all classes of time sold to commercial advertisers {that
is, the different types of time that can be distinguished by the extent of the station's right to
preempt and/or the rotation characteristics of the spot); the current calculation of the lowest
unit charge for each class of time; a description of the privileges associated with each class of
time (for example, priorities against preemption and opportunities for timely make-goods); an
explanation of how the station sells preemptible time; the likelihood that a spot will be preempted
under each class of preemptible time sold at the quoted lowest unit rate; and, if relevant, a
description of the station's sales practices based on audience delivery, such as guaranteed ratings
points.
Broadcasters are not required to provide a new disclosure statement each time a
candidate or candidate's representative contacts the station. But broadcasters must inform the
candidate or candidate's representative of the station's rates and policies when first contacted by
a particular candidate and thereafter advise each candidate of any changes in rates or selling
practices that may occur during the course of a campaign. Most importantly, the disclosure
statement must cover all applicable policies relating to the sale of political advertising and
programming, and the station must adhere to the policies disclosed. The FCC has the power to order
rebates and impose fines for violations of its political rules. A sample form of a political
disclosure statement is included as Attachment A, and we strongly recommend that you send us a
draft of your political disclosure statement for review prior to distributing it to candidates.
II. Lowest Unit Charge
Federal law requires that during the 45 days preceding a primary election (or
run-off) and during the 60 days preceding a general election, advertising rates charged to "legally
qualified candidates," for advertisements that are "uses," may not exceed the "lowest unit charge"
provided to commercial advertisers for the same amount and class of time during the same time
period.
To take advantage of a station's lowest unit charge, ~ candidates must provide
a signed certification affirming that if any political advertisement authorized by the candidate
makes a reference to another candidate for the same office, such advertisement includes a statement
(which may be textual in the case of a television spot, but must include the candidate's
photograph) made by the candidate, identifying the office the candidate is seeking and indicating
that the candidate has approved and, if a television spot, paid for, the broadcast
advertisement.
Outside the 45-day and 60-day periods, a station may not charge a legally
qualified candidate more than it charges other advertisers for "comparable use" of the station.
Each of these terms of art is discussed below.
Legally Qualified Candidate. To be considered legally
qualified for purposes of FCC political broadcasting requirements a candidate must:
publicly announce that he or she is a candidate. Filing papers to qualify for a place on the ballot
is considered equivalent to a public announcement of candidacy. Generally, a "public announcement"
is a sufficiently public event so that there are seldom any questions concerning the candidate's
intention.
Meet the qualifications prescribed by federal or state laws for the office,
have qualified for a place on the ballot (based on the laws of the state in which the election will
take place) or have publicly announced the intention to be a candidate on a write-in basis, be
eligible under applicable law, and have made a "substantial showing" that the candidacy is bona
fide. A write-in candidate may make such a "substantial showing" by establishing a campaign
headquarters, making campaign speeches, issuing press releases, etc. In states employing party
caucuses, conventions, or other nominating procedures rather than primary elections, a legally
qualified candidate must make a "substantial showing" of his candidacy and demonstrate eligibility
under applicable laws as above; no candidate will be deemed to be legally qualified more than 90
days before the caucus, convention, or other nominating session convenes.
Uses. A "use" of a broadcast station is defined as a
non-exempt "positive" appearance by a legally qualified candidate where the candidate's voice or
picture is readily identifiable. Any voluntary appearance by a candidate on a program that is not
an exempt news program for purposes of the "equal opportunities" requirement is also considered a
use ~ Section IV, <J[ 2). So long as a candidate's voice is identified or identifiable in a
political spot, the lowest unit charge requirement applies to the entire spot -even if the
candidate only reads the tag line at the end of the spot. For a program to qualify as a use,
however, the candidate's appearance must be "substantial in length" and integral to the program as
a whole.
Time Periods. The 45 and 60 day periods during which the
lowest unit charge applies refer to the dates that political advertisements are actually broadcast.
Thus, if a candidate's campaign committee signs a contract on the 50th day before a primary
election for the purchase of spots to be broadcast during the 45-day pre-election period, the
candidate must receive the lowest unit charge.
Classes of Time. The "class" of time refers to each type of
spot that a station offers, such as fixed-position, non-preemptible, preemptible with notice,
preemptible without notice, and run-of- schedule. Differences between classes of time must reflect
some clearly evident benefit to the advertiser/candidate, such as varying levels of preemption
protection, scheduling flexibility, or time-sensitive make-good benefits, which are both explicitly
defined and applied consistently to all commercial and political advertisers alike. Stations may
offer more than one class of preemptible time as long as the differences between classes are based
on factors such as the availability of make- goods or different probabilities of preemption and not
simply on the rate charged for preemptible spots. The period of time generally refers to the
program, daypart or rotation an advertiser buys, for example, Monday -Friday 6 a.m. -10 a.m. or
Monday -Sunday 7 a.m. -12 midnight, or evening news, Monday -Friday; in television, the period of
time can be as specific as a particular program, or as broad as "prime access."
Calculating the "Lowest Unit Charge." Because most stations
sell the majority of advertising time based on individually negotiated packages that include
various classes of time, as well as bonus and discount spots, calculating the lowest unit charge
for a particular class and period of time is often a very complex task. Generally, the lowest unit
rate is calculated based on the lowest price that any advertiser has paid for the same class of
spot that has cleared during the same daypart or time period in the same rate period that the
candidate' s spot is run.
Example: A station sells preemptible time in weekly rotations.
A political candidate pays $200 for a preemptible 30-second spot to run during the station's
morning drive program in the third week of the pre-election period. If the station runs a
preemptible 30-second spot during morning drive that a commercial advertiser purchased for $180 per
spot, and this is the lowest rate any advertiser paid for preemptible 30- second morning drive spot
which actually ran during this week, the station would have to give the candidate a $20 rebate.
If a station has in effect a contract with a long term advertiser at a rate
that is lower than the rate the station is currently charging for spots of the same class and
amount of time, the rate under the long term contract will likely be the station's lowest unit rate
for as long as the contract remains in effect.
Candidates who are entitled to receive the lowest unit charge must be given all
discounts, based on volume, frequency or any other factor, that are offered to a station's most
favored commercial advertiser for the same class and amount of time during the same period. For
example, if a commercial advertiser purchases spots to run in several different dayparts and the
station includes several no-charge overnight spots as a bonus, the station will need to assign a
value to the overnight spots and deduct the total value for the overnight spots from the other
spots in the package on a pro rata basis. As a result, a station's lowest unit charge for a
particular spot could be less than the amount a commercial advertiser actually pays for a spot.
Because the lowest unit rate is based on any paid spot that clears during the
relevant period, any "make good" spots that run must be considered in calculating the lowest unit
rate. A station does not have to consider the value of trade-out or barter deals or per-inquiry
advertising in computing the lowest unit charge. Promotional merchandise or other noncash
incentives to purchase advertising need not be accounted for in the determination of a station's
lowest unit rates, but these incentives or opportunities need to be made available to candidates on
the same basis as they are to any commercial advertisers unless, as in the case of bumper stickers,
the association of the station and the politician implies an endorsement by the station, or if the
value of the merchandise is de minimis, such as a coffee mug or poster.
The right to the lowest unit rate is "personal" to a candidate; spot
announcements in favor of or opposed to referendum issues or other "issue oriented" advertising are
not entitled to lowest unit rate charges, nor are generic announcements designed to turn out the
vote for all candidates of a particular party. Stations may charge regular commercial rates for
such announcements. The lowest unit rate provision does not apply to "independent" political action
committees ("PACs"), even where a candidate's picture or voice appears. Similarly, the appearance
of a candidate in a commercial for his local business, although representing a use, would not
qualify for lowest unit rate charges, as the spot is not carried in connection with the candidate's
campaign. But note that the candidate's opponents are entitled to equal oppoI1unities, if a timely
request is made, and they can be charged not more than the lowest unit rate for their spots,
regardless of the rate charged for the initial commercial spot. In addition, if a station elects
not to sell political advertising time during news programs ~ Section ill, Scope of Access), but
does sell such time adjacent to news programs, candidates may not be charged more than the lowest
unit rate for commercial] advertisers whose spots run during the news program.
Timely Payment of Rebates. Station program logs should be reviewed on a weekly
basis during an election period to determine whether any rebates to candidates are required under
these principles. These rebates must be made promptly, and the station should make every effort to
provide them before the election.
Special Federal Candidate Certification. To benefit from a
station's lowest unit charge, a federal candidate (that is a candidate in a primary or general
election for President, Vice President, U.S. House of Representatives or U.S. Senate) must provide,
at the time he or she purchases an advertisement, a written certification to the station that the
advertisement will not refer to another candidate for the same office unless the advertisement
contains a specific disclosure by the candidate purchasing the advertisement. The contents of this
required disclosure are detailed in Attachment B for radio broadcasts and Attachment C for
television broadcasts.
If the candidate certification is not made, and a reference to another
candidate for the same office is made without the necessary authorization acknowledgement, BCRA
provides that the candidate and his or her authorized political committee(s) are denied the right
to purchase time at "lowest unit rates" for the remainder of that election campaign. Neither the
FEC nor the FCC has announced any regulations implementing these provisions, and broadcasters must
therefore use their best good faith judgment in complying with the federal requirements.
To facilitate frequent purchases of advertising time by federal candidates, we
recommend that your station obtain a certification from each candidate for federal office signed by
the candidate or an officer of the candidate's official campaign committee, at the earliest
opportunity, in which the candidate affirms that all spots purchased on the station will comply
with BCRA to qualify for "lowest unit rates." A form for this candidate ceI1ification is included
as Attachment D. Each subsequent purchase will include a question on the order from requesting a
verbal confirmation that the signed certification remains valid and applies to the spots ordered;
in this manner, obtaining a candidate's signature with respect to each purchase will not be
necessary. However, if the spot turns out not to comply, the candidate will be disqualified from
receiving the lowest unit rate on his or her purchases, and can be charged customary commercial
rates.
The FCC has not indicated whether a broadcaster has an obligation to review
spots placed by federal candidates to determine compliance with the ceI1ification. We believe that
a station should treat this question much as it would a question of false or misleading adveI1ising
-you have no obligation to test the ceI1ification in advance of the broadcast of any paI1icular
spot unless you receive a complaint or have other cause to do so. (This is different from the
requirements concerning appropriate sponsorship identification for political spots, because that is
an obligation imposed on the station, and not the politician.) In this regard, since the right to
purchase time at lowest unit rates may be seen as extremely valuable, as this aspect of BCRA
becomes better known, you may begin to receive complaints from competing candidates or others
asserting that a particular spot has violated a certification and disqualified that candidate from
entitlement to such low rates. At that point, a request for substantiation of your own review of
the spot in question would be appropriate.
III. Reasonable Access.
All broadcast stations are required to sell or otherwise afford a "reasonable"
amount of program and spot time to all "legally qualified" candidates for federal office within the
area served by the station who request time for a "use." There is no such obligation with respect
to non-federal candidates.
Scope of Access for Federal Candidates. Federal candidates do not have the
absolute right to have their spots aired at a specific time, although they do have a right of
access to all dayparts and rotations. Station sales personnel must work with federal candidates to
accommodate their requests. The FCC generally relies on the good faith judgment of licensees in
determining how much access is reasonable in a particular situation. In reviewing the
reasonableness of a station's provision of reasonable access to federal candidates, the following
principles are applicable:
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As a
general matter, a station may not, as a matter of policy, reject a request by a
federal candidate to purchase the types, lengths, and classes of time normally sold
to commercial advertisers, and may not adopt a "flat ban" on purchases or
scheduling requests for federal candidates. The sole exception to the foregoing is
that a station may impose an across-the- board ban on political advertising during
news programming, applicable to all candidates, whether for federal or non-federal
office.
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Stations
may establish a separate "news adjacency" class of time for political candidates,
but only if this class is sold for not more than the lowest unit rate charged to
commercial advertisers during the preceding or succeeding newscast itself.
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Prime
time and drive time spot announcements must be made available to federal candidates
by commercial stations.
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A
station cannot refuse to make program time available for use by federal candidates
during prime time hours on TV or drive time hours on radio, absent unusual
circumstances.
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In
making a judgment whether adequate '"reasonable access" has been afforded to a
particular federal candidate, a station may consider: the amount of time the
candidate has already bought or been furnished, the importance of the political
office in question, the number of other candidates in the race, the total number of
races which the station must cover, potential programming disruption and, for
Congressional races, the degree of overlap between the station's listening area and
the voting district. The station may not impose any pre-set limit on the number of
spots federal candidates may purchase during a particular hour, day or week, except
that a station may refuse to sell time to any candidate during news
programming.
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Reasonable access must be provided during the 45 days
before a primary election and 60 days before the general election. The FCC decides
whether access must be provided prior to these periods on a case-by-case basis. As
a general rule, once there is a legally qualified candidate for a federal office,
the "campaign" is considered underway and candidates are entitled to begin to
exercise their reasonable access rights.
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State
and Local Races. State and local candidates, by contrast, do not have a right to
access, and the station therefore is not legally required to sell them any time.
Moreover, a station may elect to sell only certain classes of time, at certain time
periods, and may impose restrictions on the maximum number of spots sold to any
particular candidate during any 'given time period; a station may even decide to
accept only spots from candidates for one or more particular state or local races
and not for others, as long as all candidates for the same office are treated
equally. To fulfill its obligation to serve the public interest, the station should
provide some coverage to important state and local races, either through the sale
of time or through news and public affairs programs. If a station covers state or
local races solely through news and public: affairs programming, these efforts
should be carefully documented contemporaneously with their occurrence.
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Weekend
Access. If, during the year prior to an election, the station has provided access
to a commercial advertiser over the weekend to, for example, purchase time or
change copy, it must also provide similar access to all political candidates on the
weekend preceding an election.
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Election Day.
Stations have the option either run or not run time for any political candidates on
the day of the election, as long as the relevant 45 and 60 day lowest unit rate
periods are adjusted accordingly.
IV. Equal
Opportunities.
Federal law requires that a station that permits one legally qualified candidate
to "use" the station in any federal, state, or local race must also offer "equal
opportunities" to all opposing legally qualified candidates who make timely
requests. Equal opportunities means the equivalent amount of time in a daypart or
program that normally has a comparable audience, at equal] rates. To be timely, a
request for equal opportunity must be made within one week of the first candidate
"use" which gives rise to the right to equal opportunity.
Exceptions. The equal opportunities requirement does not apply to candidates’
appearances during anyone of the following types of programs: (I) newscasts; (2)
news interviews; (3) news documentaries (if the appearance by the candidate is
incidental to the presentation of the subject covered by the news documentary); (4)
live on-the-spot coverage of news events, including coverage of events such as
political conventions, and related activities (e.g., preliminary delegate
selection); and (5) candidate debates or presentations that are not used to promote
or disparage the candidacy of any particular individual, including debates
sponsored by the station.
The station does not need to notify opponents of a candidate's purchase of time
on the station or of any other use by a candidate. It is the opposing candidate's
responsibility to review each station's political rule or monitor its programming
in order to learn of his or her opponent's uses of the station. However, if a
station chooses to notify one candidate of an opponent' s purchase of time, it must
also notify all other opposing candidates for the same office.
A candidate is entitled to equal opportunities only with respect to those uses
broadcast during the seven days preceding the request, and the candidate cannot
delay in making an equal opportunities request. For example, if Candidate A has
been running announcements on the station for five weeks and Opponent B requests
equal opportunities at the end of the fifth week, Opponent B is entitled to equal
opportunities in terms of time, placement and cost with respect to the
announcements that Candidate A ran only during the fifth week. To be entitled to
request equal opportunities as a result of any of A ' s broadcasts, B must have
been a legally qualified candidate at the time of A's use.
Where there are more than two candidates running for the same office, the
seven-day rule applies only to the "first prior use." Assume that Candidates A, B
and C are all legally qualified candidates for the same office, and a spot
purchased by A is broadcast on February 1. On February 5, B requests equal
opportunities and runs his spot on February 15. C does not submit his request until
February 10. If C was a legally qualified candidate on February I, C would not
entitled to equal opportunities; even though his request was made within seven days
of B's request (and within seven days of B's use), C was required to have made his
request within seven days of A’s use. This requirement insures that each political
use creates only a single right to equal opportunities which must be perfected by a
timely request, and that a single broadcast does not give rise to an endless string
of equal opportunities demands which must be honored by the station. (If C did not
become a legally qualified candidate until after February 1, then his request would
need to meet the seven day requirement as to B's use only.)
While a station may propose a special program or devote a particular portion of
the day to candidates for various offices, candidates are not required to take part
in such programs; a political candidate may still decline to participate and later
exercise his right to equal opportunities, assuming the program is not exempt. For
example, special programs featuring candidates in a non-debate and non-news
conference format would not be exempt under the news event exception and would
entitle non-participating candidates to equal opportunities. On the other hand,
debates between only major party candidates would qualify for the news event
exception and would therefore not entitle minor party candidates to equal
opportunities. Minor party candidates do not have a First Amendment constitutional
right to be included in debates with major party candidates.
V. No Censorship.
The Communications Act prohibits broadcast licensees from censoring any material
broadcast by a legally qualified candidate that constitutes a "use." This statutory
prohibition precludes any station from altering not only the candidate's own
statements, but also anything else said on a spot or program that constitutes a
"use," even if such statements are defamatory. Because of the no-censorship
requirement, licensees are not subject to libel actions based on candidates'
uses.
However, if a candidate appears in a context that is not a "use," such as an
exempt news interview program, or if a candidate runs an ad that does not qualify
as a "use," a licensee may be liable for the broadcast of defamatory, libelous or
other unlawful programming and may, therefore, refuse to carry or alter such
programming.
A station may not "channel" political advertisements to safe harbor hours (10
p.m. to 6 a.m.) if they believe that any material contained in a candidate's "use"
spot is "indecent" under FCC interpretations, i.e., that it contains "patently
offensive descriptions of sexual or excretory activities or organs. "
VI. Sponsorship Identification.
Because of the importance that the FCC's rules attribute to sponsorship
identification, when advertisements promoting a political candidate or issue are
aired, explicit sponsorship identification is ~ required. The announcement must
state that the program was "paid for" or "sponsored" and must fully identify the
parties paying for broadcast of the advertisement.
Since compliance with the sponsorship identification rules is the station' s
responsibility, it must ensure that sponsorship information is provided either
within a political advertisement or as a separate announcement accompanying it. If
a use spot does not contain proper sponsorship identification, stations must
request the advertiser to insert one. If the advertiser refuses, the station must
put the identification in the spot, and may charge the candidate accordingly.
Unlike other advertisements, mere mention of the name of the sponsoring
organization in a political advertisement, without a statement that the broadcast
was "sponsored" or "paid for," is never sufficient identification under FCC rules.
Furthermore, when the sponsoring party is a committee or group, the announcement
must make clear that it is a legal entity, not merely an informal group of
individuals.
When a corporation or other organization pays for or furnishes material for
broadcast involving a political campaign or a controversial issue, the station must
request a list of the officers, executive committee members or directors of the
corporation, committee, association, etc. This list must be maintained in the
station's political file for a period of two years.
Additional sponsorship identification requirements apply to advertisements that
solicit political contributions or advocate the election or defeat of a federal
candidate. Such advertisements must include specific disclosures, which vary
depending on whether a federal candidate (or the candidate's committee) produced or
authorized the advertisement. These disclosures are described in Attachment B for
radio broadcasts and Attachment C for television broadcasts. Unlike the other
sponsorship identification requirements, it is the candidate's rather than the
broadcaster's responsibility to ensure compliance with these disclosures.
VII. Maintaining A Political File.
Each station must maintain a political file in it~ public inspection file
containing a current, complete, well-organized and self -explanatory public record
of each request for broadcast time that is made by or on behalf of a political
candidate or that "communicates a message relating to any political matter of
national importance," including any issue advertisements. In particular, the
political file must contain:
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A record
of each request to purchase time, and its disposition;
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A
schedule of the advertising or program time provided to candidates: .The exact
charges made (or a notation that free time was given); .The class or classes of
time sold;
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The
dates and times the spots actually aired;
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Documentation of any rebates paid;
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The name
of the candidate to which the communication refers and the office to which the
candidate is seeking election or the issue to which the communications refers;
and
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The name of the
purchaser, the name, address and phone number of a contact person for the
purchaser, and a list of the chief executive officers, board of directors, or
members of the executive committee of the purchaser. If the purchaser is the
candidate and/or the candidate's authorized committee, the committee treasurer's
name must also be listed.
Much of this information has been required
by the FCC for many years to be kept and made available for public inspection. As a
consequence of BCRA, the same information -including pricing information -needs to
be kept and made available for review even for "issue" advertising that relates to
"a political matter of national importance." By way of explanation, the statute
indicates that these would "include" messages relating to "a national legislative
issue of public importance" -meaning "issue" ads addressing abortion or gun control
would be subject to these disclosure requirements -and to "any election to federal
office" -which would apply to most "soft money" spots and p AC ads concerning
Federal elections. The statute also applies to messages relating to "a legally
qualified candidate," suggesting that the disclosure rules might also be
interpreted to apply even to certain state or local elections if they had “national
importance." There are currently no standards to the statutory requirement; we
believe that the FCC will expect licensees to make reasonable, good faith judgments
concerning the application of this provision to programming other than traditional
political spots purchased directly b)' candidates or their authorized committees.
Although the statute requires that the rate charged for such spots be made a part
of the disclosure, there is no requirement that such spots be charged "lowest unit
rates" or that other similar spots be entitled to the same rates.
Candidates need to be given timely access to political file materials to enable
them to exercise equal opportunities rights and determine whether a candidate is
receiving equal treatment in spot placement and rates. As a result, all political
file information must be placed in the file as soon as possible, which the FCC
generally considers to mean immediately. The FCC does not expect stations that
generate invoices only on a bi-weekly or monthly basis to create a special document
indicating the exact times that political spots aired: however, if the station does
not immediately place such information in its political file, it should include in
the file a prominent statement that station personnel will assist candidates in
determining actual air times. Each item placed in the political file must be
retained for two years. In order to ensure that your station gathers all of the
required information, you should be sure to complete the attached Candidate Request
for Broadcast Time, Attachment E, or Non-Candidate Request for Broadcast Time,
Attachment F, for each relevant inquiry.
VIII. Electioneering Communications.
An electioneering communication is any advertisement (1) distributed via radio
or television for a fee, (2) which refers to a federal candidate and (3) is aired
30 days prior to a primary election, nominating convention or caucus or 60 days
prior to a general election and (4) reaches 50,000 or more persons in a particular
Congressional District or State. Advertisers may check to see if an advertisement
will reach an audience of more than 50,000 persons in the FCC's audience reach
database at http://gullfoss2.fcc.gove/ecd and http://svartifoss2.fcc.gov/ecd.
Federal election law bars corporations and labor unions from directly or indirectly
funding these electioneering communications. In addition, individuals or groups who
make electioneering communications that cost more than $10,000 in the aggregate to
produce and air must comply with specific reporting requirements governed by FEC
oversight. Broadcast stations have no specific obligations with respect to
advertisements that constitute electioneering communications, but stations will
encounter these advertisements and should be generally familiar with the applicable
law.
Spots which are subject to these rules must meet general FCC sponsorship
identification standards (indicate that the ad was "paid for" or "sponsored by" the
party purchasing the spot, and satisfy TV visual identification standards) and must
also indicate under FEC rules that the spot is not authorized by any candidate and
specifically identify the purchaser as being "responsible for the content of this
advertising”.
The rules applicable to political broadcasts and advertising are complicated
and, with the implementation of BCRA, becoming more expansive than ever before. If
you have any questions regarding any aspect of these rules and policies, please
contact Brian Madden (202) 416-6770, Sally Buckman (202) 416-6762 or any other
attorney in our office.
ATTACHMENT A
BEST BROADCAST GROUP
POLITICAL DISCLOSURE STATEMENT
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Best Broadcast Group
Stations ("BBGS") consists of KFMZ, KZBK, KLTI, KZZT &
KMCR
KFMZ & KZBK are
licensed to Brookfield, MO. The licensee is Best
Broadcasting, Inc.
KLTI is licensed to Macon, MO. The licensee is Chirillo
Electronics, Inc.
KZZT is licensed to Moberly, MO. The licensee is FM 105,
Inc.
KMCR is licensed to Montgomery City, MO. The licensee is
Chirillo Electronics, Inc.
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BBGS complies with federal law in selling time to candidates
for political office. In accordance with that law, we provide reasonable access to
station facilities for all legally qualified federal candidates. However, we
reserve the right to determine the non-federal candidates to whom we will sell
time. Once time is sold to a federal or non-federal candidate, equal opportunity
rights are afforded to all legally qualified opponents of that candidate.
Most rates for both commercial and political advertising time
sold on BBGS are arrived at on an individually negotiated basis. Individually
negotiated spot packages are equally available for purchase by political
candidates. Negotiated buys, for example, include spots in a number of different
rotations or day-parts and combinations of different classes of spots. A
description of various classes of advertising time offered to commercial
advertisers is provided below. Rates for most classes of time vary on a [daily] or
[weekly] basis, based upon supply and demand. During the 45 day period before a
caucus, primary or primary run-off election and the 60 day period prior to a
general election, the ultimate charge provided to eligible political candidates
purchasing spots for "uses" - that is, spots purchased on behalf of a candidate
containing a positive appearance by a candidate in which the candidate's voice is
readily identifiable --will in no event exceed the lowest price paid by any other
advertiser for spots of the same class and length and for the same daypart or
rotation which actually run during the same rate period as the political spots. A
legally qualified Federal candidate will be eligible to receive the lowest unit
rate only if the candidate provides to BBGS, the written certification required
under Section 305 of the Bipartisan Campaign Finance Reform Act of 2002 ("BCRA"),
and adheres to that certification throughout the campaign. At times other than the
45 and 60 day pre-election periods, candidates will be charged rates comparable to
those charged to commercial advertisers, and will receive the same opportunities to
negotiate individual packages that commercial advertisers receive. The lowest unit
rate policies do not apply to "soft money" announcements (announcements not
endorsed or sponsored by the candidate but rather by a third party) or for any form
of "issue" advertising.
In accordance with FCC rules, eligible candidates will receive
all discount privileges available to commercial advertisers, and will be provided
with rebates for any overcharges, before the election when possible. The lowest or
comparable rates for specific classes of time and rotations in which a candidate is
interested will be provided upon request to General Manager at BBGS, 107 South
Main, Brookfield, MO, 64628, telephone: (660) 258-3383. The precise lowest unit
rate may not be determined until after particular spots have aired. Lowest unit
rates provided to eligible candidates in advance represent the station's best good
faith estimate of such rates, although the final rates may vary, in which event
rebates will be provided if appropriate.
1. Immediately Preemptible Spots Aired During Specific Rotations. These spots are
not guaranteed to run, and may be preempted without notice. These spots are sold to
commercial advertisers with the understanding that they will run, unless the
station sells out its inventory in a particular rotation or day-part. Accordingly,
the probability of clearance varies constantly based on supply and demand. Whether
a spot will be preempted depends on the price of a spot, length of a flight, and
make-up of the schedule purchased. BBGS sells immediately preemptible spots for the
following dayparts and rotations: <to be listed inside political window>:
BBGS will also negotiate rotations other than those listed
above, including narrower dayparts, based on the request of the advertiser.
Advertisers may also purchase spots within particular programs. Immediately
preemptible rates for these day-parts and for particular programs are subject to
change on a daily basis, based upon supply and demand. During lowest unit charge
periods, political candidates will be provided with the lowest rates for
immediately preemptible spots for the specific dayparts and rotations in which
candidates express interest. At other times, candidates will be provided with rates
comparable to those received by commercial advertisers for immediately preemptible
spots for rotations and dayparts in which candidates express interest. Because
rates and clearance probabilities for these spots change frequently, candidates
should contact us to receive the current rates when placing a buy. During lowest
unit rate periods, BBGS will not preempt eligible political spots except in cases
of unforeseen program changes or technical interruptions. At other times,
candidates will receive treatment comparable to that received by commercial
advertisers with respect to preemption.
2. Nonpreemptible Spots. Commercial clients
often refer to this class of time as the "fixed rate." Candidates may purchase
spots at these rates and be guaranteed that the commercials will air as ordered
except for technical problems reasonably outside the control of BBGS (machine
failures, power outages, sports over-runs, etc.) or acts of God.
During time when the available supply of commercial time is exceeded by demand for
commercial time, spots purchased at these rates will preempt spots purchased at the
preemptible rates even if the preemptible rate is higher than the nonpreemptible
rate. BBGS reserves the right to raise its rates for nonpreemptible spots for
commercial advertisers as market demand dictates, but rates for nonpreemptible
spots will not be raised for eligible political candidates during the lowest unit
rate period.
3. BTA/ROS (Best-Times-Available/Run-Of-Schedule Spots).
BTA/ROS spots are scheduled after all other spots have been scheduled to run during
the rotation identified. BTA/ROS spots are not guaranteed to run in any particular
daypart. We offer BTA/ROS spots in a variety of rotations, <To be listed when in
political window>. They are scheduled by computer, based on the station's
avails. During lowest unit charge periods, eligible political candidates will be
provided with lowest rates for BTA/ROS spots for the rotation in which the
candidates express interest and BBGS will not preempt such spots except in the
event of unforeseen program changes or technical difficulties. At other times,
candidates may purchase BTA/ROS spots at rates comparable to those received by
commercial advertisers and will receive treatment comparable to such advertisers
with respect to preemption. BBGS attempts to provide make-goods for BTA/ROS spots,
but due to inventory constraints, cannot guarantee that such spots can be made
good. However, make-goods will be provided to eligible political candidates. Lowest
unit and comparable rates for BTA/ROS spots will be provided upon request.
4. Package Plans. BBGS offers individually negotiated packages
that may include, for example, combinations of spots in various dayparts, bonus and
discount overnight and/or BTA/ROS spots. Sponsorship packages, which would imply
relationship between the station and a candidate, are not available to political
candidates. In addition, non-cash incentives of de minimis value or which would
imply a relationship between the station and a candidate, which may be available in
some package plans, are not available to candidates. All other packages that are
made available to commercial advertisers are available to political candidates.
However, the lowest unit rate for all dayparts and rotations is calculated to
reflect all package discounts to ensure that eligible political candidates receive
the lowest unit rates for all spots scheduled to air during lowest unit charge
periods regardless of whether they buy an entire package.
5. Make-Goods. BBGS will make every effort to provide "make
goods" spots prior to the election for spots purchased by eligible political
candidates that are in fact preempted because of unforeseen program changes or
technical difficulties. Although the station's policy is to offer all eligible
political candidates make-goods prior to the election, we cannot guarantee to any
advertiser that the make-good can be provided during the daypart or rotation
originally purchased. If that is not possible because of inventory constraints, the
station will offer make-goods of equivalent value. If these are not acceptable to
an advertiser, the station will provide credits or refunds for preempted spots.
6. Newscasts. As provided by the FCC, sponsorships of BBGS
newscasts or spots within newscasts are available to political candidates.
7. Available Spot Lengths. Typically, BBGS sells 30-second and
60- second spots. There is rate distinction made between 30-second and 60-second
spots. Prices for spots of lengths other than 30- and 60-seconds may be
individually negotiated.
8. Sponsorship Identification. All spots must comply with the
sponsorship identification requirements of Section 317 of the Communications Act
and Section 311 of BCRA. If use spots do not contain the identification required
under the Communications Act, we reserve the right to add appropriate
identification and to bill the candidate for any production costs incurred by the
station.
9. Rebates. If we sell advertising time to a eligible political
candidate for a "use" during the prescribed "lowest unit rate" periods for a
particular amount and class of time at a rate in excess of the rate charged another
advertiser for the same amount and class of time in the same time period which
clears as scheduled, the Station will afford the candidate the benefit of the lower
rate by means of a rebate, a credit against future purchases, or a refund of the
difference, as determined by the candidate. No adjustments will be made for
purchases not subject to the "lowest unit rate" requirements.
10. Value Added Features. If scheduled during the prescribed
lowest unit rate periods, eligible political candidates may purchase spots with
value-added elements in conjunction with airtime on the same terms as offered to
commercial advertisers, including non- cash promotional incentives, unless the
nature of the promotional incentive is de minil11is (such as coffee mugs or other
give away items) or might imply an endorsement by or other relationship with the
station, in which case such promotional features are not available to political
candidates. "Billboard" or program sponsorship arrangements are not available to
political advertisers. Details will be provided upon request.
11. Credit Practices. We require all new advertisers and all advertisers in
volatile businesses or those whose operations are intermittent or of limited
duration, including political candidates, to pay for all spots in the form of
certified or cashier's check, money order, Wire transfer or cash in the full net
amount of the schedule being ordered in advance of the schedule's commencement. All
payments must be received by BBGS no later than 48 hours prior to air date.
12. Receipt of Materials. All tapes must be received by the
BBGS Traffic Department no later than 24 hours prior to airdate. Tapes for
schedules commencing on Saturday, Sunday or Monday must be received no later than
noon on the Friday prior to airdate. BBGS cannot guarantee make-goods for schedules
which do not air due to a delay in receipt of tapes.
ATTACHMENT A
CERTIFICATE OF DISCLOSURE
CANDIDATE:
REPRESENTATIVE (if applicable):
METHOD OF DISCLOSURE (check any that apply):
By telephone to _______________________ (person's name) on ______________ (date
).
Mailed to __________________________ (person's name)on ______________ (date).
By facsimile to _______________________ (person's name) on ______________
(date).
In person to _________________________(person's name) on _______________
(date).
By e-mail ___________________________ (person’s name) on ______________ (date).
ACCOUNT EXECUTIVE (initials) ________________
RECEIVED BY: ________________________________ (Candidate or Representative)
DATE: ____________________________
ATTACHMENT B
RADIO SPECIFIC DISCLOSURE REQUIREMENTS
Candidate Certification:
If the advertisement, which qualifies as a "use," refers to an opposing
candidate it must
include at the end:
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An audio statement
voiced by the candidate that (I) identifies him or herself, (2) discloses the
office being sought, and (3) states that the candidate has approved the
broadcast.
Sponsorship Identification:
If an announcement advocating the election or defeat of a federal candidate or
soliciting any political contributions is produced or authorized by a federal
candidate (or the candidate's authorized committee), it must
include:
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An audio statement
voiced by the candidate that (I) identifies him or herself. (2) discloses who paid
for the broadcast (in most cases the candidate or the candidate's committee), and
(3) states that the candidate has approved the broadcast.
If an announcement advocating the election
or defeat of a federal candidate or soliciting any political contributions is not
produced or authorized by a federal candidate (or the candidate's authorized
committee), it must include:
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An audio
statement disclosing that no federal candidate authorizes the announcement.
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The statement:
"________ is responsible for the content of this advertising," where the blank is
filled in with (I) the name of the political party, committee, or person paying for
the broadcast, (2) the name of any connected organization of the payor, and (3) the
permanent street address, telephone number or web address of the person who paid
for the announcement.
ATTACHMENT C
CANDIDATE CERTIFICATION FORM
I, _____, hereby certify that the programming to be
broadcast on station ____ will comply with the requirements of the Bipartisan
Campaign Finance Reform Act of 2002. Specifically, I certify that the programming
____ does not refer to an opposing candidate or ____ does refer to an opposing
candidate but contains the mandatory disclosure statement. If a radio broadcast,
this mandatory disclosure consists of an audio statement voiced by the candidate
that (1) identifies him or herself, (2) discloses the office being sought. and (3)
states that the candidate has approved the broadcast. If a television broadcast,
the mandatory disclosure consists of a photographic or similar image of the
sponsoring candidate that occupies at least 80 percent of the vertical screen
height for a period of no less than four seconds, and a simultaneously displayed
clearly legible printed statement that (1) identifies the candidate, (.2) discloses
that the candidate (and/or the candidate’s authorized committee) has paid for the
broadcast, and (3) states that the candidate has approved the broadcast.
Signature of Candidate or Authorized Committee:
Printed Name of Candidate or Authorized Committee:
Dated:
ATTACHMENT D
CANDIDATE REQUEST FOR POLITICAL BROADCAST INFORMATION
OR TIME
Date or Request:
Time or Request:
Candidate Name:
Party:
Candidate for: (Office) (Location)
Candidate's Authorized Committee:
Treasurer or Candidate's Authorized Committee:
Address:
Telephone:
Agency for Candidate (if any):
Name of Person Requesting Information/Time:
Information Requested:
Rates for:
Availabilities for:
Other:
Disposition or Request:
Accepted Rejected Accepted or Rejected in part (attach explanation)
Rate Charged for Spot:
Class or Time Purchased:
Air Date and Time (attach a schedule or the advertising or program time provided,
if necessary):
Rebate Paid (if any):
Disclosure Statement Provided by Station: Yes No Previously provided
Certificate (for Federal candidates only) Provided: Yes No Previously provided
Other Information:
Inquiry Received By:
ATTACHMENT E
NON-CANDIDATE REQUEST FOR POLITICAL BROADCAST INFORMATION OR TIME
This form must be completed for all requests for broadcast time
made by anyone seeking to broadcast a message that refers (a) to a legally
qualified candidate, (b) to any election to federal office, or (c) to "a national
legislative issue of public importance" or a "political matter of national
importance (i.e. an issue advertisement). The form must be placed in the station's
public inspection file for a period of two years.
Date of Request:
Time of Request:
Candidate Named in Spot:
Party:
Candidate for: (Office) (Location)
Issued Referred to:
Name of Organization:
Name of Contact Person:
Address:
Telephone:
Chief Executive Officers, Board of Directors, or Members of the Executive Committee
of the
Organization (attach a list, if necessary):
Agency for Organization (if any):
Name of Person Requesting Information/Time:
Information Requested:
Rates for:
Availabilities for:
Other:
Disposition of Request: Accepted Rejected Accepted or Rejected
in part (attach explanation)
Rate Charged for Spot:
Class of Time Purchased:
Air Date and Time (attach a schedule of the advertising or program time provided,
if necessary):
Date Public File Report Prepared: ________,20__.
Other Information:
Inquiry Received By:
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