47 USC 315 - Candidates for public office

U.S Code last checked for updates: Nov 22, 2024

§ 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

(B)

Limitation on charges

(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

(E)

Certification

(F)

Definitions

(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

(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

(June 19, 1934, ch. 652, title III, § 315, 48 Stat. 1088; July 16, 1952, ch. 879, § 11, 66 Stat. 717; Pub. L. 86–274, § 1, Sept. 14, 1959, 73 Stat. 557; Pub. L. 92–225, title I, §§ 103(a)(1), (2)(B), 104(c), Feb. 7, 1972, 86 Stat. 4, 7; Pub. L. 93–443, title IV, § 402, Oct. 15, 1974, 88 Stat. 1291; Pub. L. 107–155, title III, § 305(a), (b), title V, § 504, Mar. 27, 2002, 116 Stat. 100, 101, 115.)

cite as: 47 USC 315