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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:
 | 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.
| 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.
| Prime time and drive time spot announcements must
be made available to federal candidates by commercial stations.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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:
| A record of each request to purchase time, and
its disposition;
| 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;
| The dates and times the spots actually aired;
| Documentation of any rebates paid;
| 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
| 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
| 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. |
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:
| 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:
| 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:
| An audio statement disclosing that no federal
candidate authorizes the announcement.
| 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: ________,2004.
Other Information:
Inquiry Received By:
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