47 U.S.C. § 315 : US Code - Section 315: Candidates for public office

Search 47 U.S.C. § 315 : US Code - Section 315: Candidates for public office

(a) Equal opportunities requirement; censorship prohibition;
allowance of station use; news appearances exception; public
interest; public issues discussion opportunities
If any licensee shall permit any person who is a legally
qualified candidate for any public office to use a broadcasting
station, he shall afford equal opportunities to all other such
candidates for that office in the use of such broadcasting station:
Provided, That such licensee shall have no power of censorship over
the material broadcast under the provisions of this section. No
obligation is imposed under this subsection upon any licensee to
allow the use of its station by any such candidate. Appearance by a
legally qualified candidate on any -
(1) bona fide newscast,
(2) bona fide news interview,
(3) bona fide news documentary (if the appearance of the
candidate is incidental to the presentation of the subject or
subjects covered by the news documentary), or
(4) on-the-spot coverage of bona fide news events (including
but not limited to political conventions and activities
incidental thereto),
shall not be deemed to be use of a broadcasting station within the
meaning of this subsection. Nothing in the foregoing sentence shall
be construed as relieving broadcasters, in connection with the
presentation of newscasts, news interviews, news documentaries, and
on-the-spot coverage of news events, from the obligation imposed
upon them under this chapter to operate in the public interest and
to afford reasonable opportunity for the discussion of conflicting
views on issues of public importance.
(b) Charges
(1) In general
The charges made for the use of any broadcasting station by any
person who is a legally qualified candidate for any public office
in connection with his campaign for nomination for election, or
election, to such office shall not exceed -
(A) subject to paragraph (2), during the forty-five days
preceding the date of a primary or primary runoff election and
during the sixty days preceding the date of a general or
special election in which such person is a candidate, the
lowest unit charge of the station for the same class and amount
of time for the same period; and
(B) at any other time, the charges made for comparable use of
such station by other users thereof.
(2) Content of broadcasts
(A) In general
In the case of a candidate for Federal office, such candidate
shall not be entitled to receive the rate under paragraph
(1)(A) for the use of any broadcasting station unless the
candidate provides written certification to the broadcast
station that the candidate (and any authorized committee of the
candidate) shall not make any direct reference to another
candidate for the same office, in any broadcast using the
rights and conditions of access under this chapter, unless such
reference meets the requirements of subparagraph (C) or (D).
(B) Limitation on charges
If a candidate for Federal office (or any authorized
committee of such candidate) makes a reference described in
subparagraph (A) in any broadcast that does not meet the
requirements of subparagraph (C) or (D), such candidate shall
not be entitled to receive the rate under paragraph (1)(A) for
such broadcast or any other broadcast during any portion of the
45-day and 60-day periods described in paragraph (1)(A), that
occur on or after the date of such broadcast, for election to
such office.
(C) Television broadcasts
A candidate meets the requirements of this subparagraph if,
in the case of a television broadcast, at the end of such
broadcast there appears simultaneously, for a period no less
than 4 seconds -
(i) a clearly identifiable photographic or similar image of
the candidate; and
(ii) a clearly readable printed statement, identifying the
candidate and stating that the candidate has approved the
broadcast and that the candidate's authorized committee paid
for the broadcast.
(D) Radio broadcasts
A candidate meets the requirements of this subparagraph if,
in the case of a radio broadcast, the broadcast includes a
personal audio statement by the candidate that identifies the
candidate, the office the candidate is seeking, and indicates
that the candidate has approved the broadcast.
(E) Certification
Certifications under this section shall be provided and
certified as accurate by the candidate (or any authorized
committee of the candidate) at the time of purchase.
(F) Definitions
For purposes of this paragraph, the terms "authorized
committee" and "Federal office" have the meanings given such
terms by section 431 of title 2.
(c) Definitions
For purposes of this section -
(1) the term "broadcasting station" includes a community
antenna television system; and
(2) the terms "licensee" and "station licensee" when used with
respect to a community antenna television system mean the
operator of such system.
(d) Rules and regulations
The Commission shall prescribe appropriate rules and regulations
to carry out the provisions of this section.
(e) Political record
(1) In general
A licensee shall maintain, and make available for public
inspection, a complete record of a request to purchase broadcast
time that -
(A) is made by or on behalf of a legally qualified candidate
for public office; or
(B) communicates a message relating to any political matter
of national importance, including -
(i) a legally qualified candidate;
(ii) any election to Federal office; or
(iii) a national legislative issue of public importance.
(2) Contents of record
A record maintained under paragraph (1) shall contain
information regarding -
(A) whether the request to purchase broadcast time is
accepted or rejected by the licensee;
(B) the rate charged for the broadcast time;
(C) the date and time on which the communication is aired;
(D) the class of time that is purchased;
(E) the name of the candidate to which the communication
refers and the office to which the candidate is seeking
election, the election to which the communication refers, or
the issue to which the communication refers (as applicable);
(F) in the case of a request made by, or on behalf of, a
candidate, the name of the candidate, the authorized committee
of the candidate, and the treasurer of such committee; and
(G) in the case of any other request, the name of the person
purchasing the time, the name, address, and phone number of a
contact person for such person, and a list of the chief
executive officers or members of the executive committee or of
the board of directors of such person.
(3) Time to maintain file
The information required under this subsection shall be placed
in a political file as soon as possible and shall be retained by
the licensee for a period of not less than 2 years.