Political Spots

Political File Requirements
by John O. Broomall, Sr.

In a 90-minute seminar at NRB, a FCC attorney devoted the entire time to "political advertising."  This topic can get quite complicated since FCC and Federal Elections Commission regulations conflict with each other.  Broadcasters can refuse to run spots from local and state candidates, but not from Federal candidates (Congress, President, Vice President).

A broadcaster cannot refuse a spot from a Federal candidate and you can never change even one word.  Forget about "call to action" rules! Pray that a candidate will never say "I love terrorists" followed by the "seven dirty words" because you cannot stop him or her.  A few years ago, a Georgia Congressional candidate wanted an Atlanta TV station to air a spot with graphic pictures of aborted babies during the Super Bowl.  The station said "no," the U.S. Supreme Court said "you must air the spot." 

Broadcasters should have a written Political Policy and it should be in your Political File.  If you want to refuse all local / state spots, that is OK.  If you want to accept spots from all "dog catcher" candidates but reject all "County Commission" spots, that is OK.  Note the word "all" - you can't air spots from one Coroner candidate and reject his opponent, however you are not required to seek underwriting from any candidate.  If they don't contact you, that is their problem.  If you refuse to return calls from a candidate, that could get you in mega-trouble.

All requests for air time must be reduced to writing and placed in your Political File together with your response.  You must charge the "lowest rate" that any business would pay for air time.  If you have a "special" offering "a hundred spots this month for $100 for all Chamber members", you can't charge a candidate more even it he is not a Chamber members.  

Don't dare sell all the "good time" to one candidate and tell his opponent that "good time" is gone.  Pray that two candidates don't demand "5pm Monday" and both want to be "first at the 5pm break" or you are in trouble.

The ninety-minute seminar also discussed raised questions that were not fully answered such as determining how to handle "unofficial" or "write-in" candidates.  The equal time rule was abolished many years ago and it is legal to cover political events as news stories.  

You can air City Council meetings even during election season, but what if the Mayor decides to deliver a speech during the meeting, and an unannounced candidate start speaking just after you can cut away from the council meeting to air your high school football game?  Just a question without an answer.  Stay on good term with all candidates and hope that none of them make unreasonable demands.