Goto Section: 76.130 | 76.206 | Table of Contents
FCC 76.205
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.205 Origination cablecasts by legally qualified candidates for public
office; equal opportunities.
(a) General requirements. No cable television system is required to permit
the use of its facilities by any legally qualified candidate for public
office, but if any system 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 system 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 a system. (section 315(a) of the Communications
Act.)
(b) Uses. As used in this section and Sec. 76.206, the term “use” means a
candidate appearance (including by voice or picture) that is not exempt
under paragraphs 76.205 (a)(1) through (a)(4) of this section.
(c) Timing of request. A request for equal opportunities must be submitted
to the system 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
system 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 system 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 system make any
contract or other agreement which shall have the effect of permitting any
legally qualified candidate for any public office to cablecast to the
exclusion of other legally qualified candidates for the same public office.
[ 57 FR 210 , Jan. 3, 1992, as amended at 59 FR 14568 , Mar. 29, 1994]
Goto Section: 76.130 | 76.206
Goto Year: 2007 |
2009
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