Goto Section: 73.1941 | 73.1943 | Table of Contents
FCC 73.1942
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 73.1942 Candidate rates.
(a) Charges for use of stations. The charges, if any, 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 or her campaign for nomination
for election, or election, to such office shall not exceed:
(1) During the 45 days preceding the date of a primary or primary runoff
election and during the 60 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.
(i) A candidate shall be charged no more per unit than the station charges
its most favored commercial advertisers for the same classes and amounts of
time for the same periods. Any station practices offered to commercial
advertisers that enhance the value of advertising spots must be disclosed
and made available to candidates on equal terms. Such practices include but
are not limited to any discount privileges that affect the value of
advertising, such as bonus spots, time-sensitive make goods, preemption
priorities, or any other factors that enhance the value of the announcement.
(ii) The Commission recognizes non-premptible, preemptible with notice,
immediately preemptible and run-of-schedule as distinct classes of time.
(iii) Stations may establish and define their own reasonable classes of
immediately preemptible time so long as the differences between such classes
are based on one or more demonstrable benefits associated with each class
and are not based solely upon price or identity of the advertiser. Such
demonstrable benefits include, but are not limited to, varying levels of
preemption protection, scheduling flexibility, or associated privileges,
such as guaranteed time-sensitive make goods. Stations may not use class
distinctions to defeat the purpose of the lowest unit charge requirement.
All classes must be fully disclosed and made available to candidates.
(iv) Stations may establish reasonable classes of preemptible with notice
time so long as they clearly define all such classes, fully disclose them
and make available to candidates.
(v) Stations may treat non-preemptible and fixed position as distinct
classes of time provided that stations articulate clearly the differences
between such classes, fully disclose them, and make them available to
candidates.
(vi) Stations shall not establish a separate, premium-period class of time
sold only to candidates. Stations may sell higher-priced non-preemptible or
fixed time to candidates if such a class of time is made available on a bona
fide basis to both candidates and commercial advertisers, and provided such
class is not functionally equivalent to any lower-priced class of time sold
to commercial advertisers.
(vii) [Reserved]
(viii) Lowest unit charge may be calculated on a weekly basis with respect
to time that is sold on a weekly basis, such as rotations through particular
programs or dayparts. Stations electing to calculate the lowest unit charge
by such a method must include in that calculation all rates for all
announcements scheduled in the rotation, including announcements aired under
long-term advertising contracts. Stations may implement rate increases
during election periods only to the extent that such increases constitute
“ordinary business practices,” such as seasonal program changes or changes
in audience ratings.
(ix) Stations shall review their advertising records periodically throughout
the election period to determine whether compliance with this section
requires that candidates receive rebates or credits. Where necessary,
stations shall issue such rebates or credits promptly.
(x) Unit rates charged as part of any package, whether individually
negotiated or generally available to all advertisers, must be included in
the lowest unit charge calculation for the same class and length of time in
the same time period. A candidate cannot be required to purchase advertising
in every program or daypart in a package as a condition for obtaining
package unit rates.
(xi) Stations are not required to include non-cash promotional merchandising
incentives in lowest unit charge calculations; provided, however, that all
such incentives must be offered to candidates as part of any purchases
permitted by the licensee. Bonus spots, however, must be included in the
calculation of the lowest unit charge calculation.
(xii) Makes goods, defined as the rescheduling of preempted advertising,
shall be provided to candidates prior to election day if a station has
provided a time-sensitive make good during the year preceding the
pre-election periods, perspectively set forth in paragraph (a)(1) of this
section, to any commercial advertiser who purchased time in the same class.
(xiii) Stations must disclose and make available to candidates any make good
policies provided to commercial advertisers. If a station places a make good
for any commercial advertiser or other candidate in a more valuable program
or daypart, the value of such make good must be included in the calculation
of the lowest unit charge for that program or daypart.
(2) At any time other than the respective periods set forth in paragraph
(a)(1) of this section, stations may charge legally qualified candidates for
public office no more than the changes made for comparable use of the
station by commercial advertisers. The rates, if any, charged all such
candidates for the same office shall be uniform and shall not be rebated by
any means, direct or indirect. A candidate shall be charged no more than the
rate the station would charge for comparable commercial advertising. All
discount privileges otherwise offered by a station to commercial advertisers
must be disclosed and made available upon equal terms to all candidate for
public office.
(b) If a station permits a candidate to use its facilities, the station
shall make all discount privileges offered to commercial advertisers,
including the lowest unit charges for each class and length of time in the
same time period, and all corresponding discount privileges, available upon
equal terms to all candidates. This duty includes an affirmative duty to
disclose to candidates information about rates, terms conditions and all
value-enhancing discount privileges offered to commercial advertisers.
Stations may use reasonable discretion in making the disclosure; provided,
however, that the disclosure includes, at a minimum, the following
information:
(1) A description and definition of each class of time available to
commercial advertisers sufficiently complete to allow candidates to identify
and understand what specific attributes differentiate each class;
(2) A description of the lowest unit charge and related privileges (such as
priorities against preemption and make goods prior to specific deadlines)
for each class of time offered to commercial advertisers;
(3) A description of the station's method of selling preemptible time based
upon advertiser demand, commonly known as the “current selling level,” with
the stipulation that candidates will be able to purchase at these
demand-generated rates in the same manner as commercial advertisers;
(4) An approximation of the likelihood of preemption for each kind of
preemptible time; and
(5) An explanation of the station's sales practices, if any, that are based
on audience delivery, with the stipulation that candidates will be able to
purchase this kind of time, if available to commercial advertisers.
(c) Once disclosure is made, stations shall negotiate in good faith to
actually sell time to candidates in accordance with the disclosure.
(d) This rule ( Sec. 73.1942) shall not apply to any station licensed for
non-commercial operation.
[ 57 FR 209 , Jan. 3, 1992, as amended at 57 FR 27709 , June 22, 1992]
Goto Section: 73.1941 | 73.1943
Goto Year: 2006 |
2008
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