Goto Section: 73.1940 | 73.1942 | Table of Contents
FCC 73.1941
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 73.1941 Equal opportunities.
(a) General requirements. Except as otherwise indicated in Sec. 73.1944, no
station licensee is required to permit the use of its facilities by any
legally qualified candidate for public office, but if any licensee shall
permit any such candidate to use its facilities, it shall afford equal
opportunities to all other candidates for that office to use such
facilities. Such licensee shall have no power of censorship over the
material broadcast 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 broadcasting station. (section 315(a) of the
Communications Act.)
(b) Uses. As used in this section and Sec. 73.1942, the term “use” means a
candidate appearance (including by voice or picture) that is not exempt
under paragraphs 73.1941 (a)(1) through (a)(4) of this section.
(c) Timing of request. A request for equal opportunities must be submitted
to the licensee within 1 week of the day on which the first prior use giving
rise to the right of equal opportunities occurred: Provided, however, That
where the person was not a candidate at the time of such first prior use, he
or she shall submit his or her request within 1 week of the first subsequent
use after he or she has become a legally qualified candidate for the office
in question.
(d) Burden of proof. A candidate requesting equal opportunities of the
licensee or complaining of noncompliance to the Commission shall have the
burden of proving that he or she and his or her opponent are legally
qualified candidates for the same public office.
(e) Discrimination between candidates. In making time available to
candidates for public office, no licensee shall make any discrimination
between candidates in practices, regulations, facilities, or services for or
in connection with the service rendered pursuant to this part, or make or
give any preference to any candidate for public office or subject any such
candidate to any prejudice or disadvantage; nor shall any licensee make any
contract or other agreement which shall have the effect of permitting any
legally qualified candidate for any public office to broadcast to the
exclusion of other legally qualified candidates for the same public office.
[ 57 FR 208 , Jan. 3, 1992, as amended at 59 FR 14568 , Mar. 29, 1994]
Goto Section: 73.1940 | 73.1942
Goto Year: 2007 |
2009
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