Goto Section: 76.205 | 76.213 | Table of Contents
FCC 76.206
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 76.206 Candidate rates.
(a) Charges for use of cable television systems. The charges, if any, made
for the use of any system 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
system for the same class and amount of time for the same period.
(i) A candidate shall be charged no more per unit than the system charges
its most favored commercial advertisers for the same classes and amounts of
time for the same periods. Any system practices offered to commercial
advertisers that enhance the value of advertising spots must be disclosed
and made available to candidates upon 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-preemptible, preemptible with notice,
immediately preemptible and run-of-schedule as distinct classes of time.
(iii) Systems 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. Systems 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) Systems may establish reasonable classes of preemptible with notice
time so long as they clearly define all such classes, fully disclose them
and make them available to candidates.
(v) Systems may treat non-preemptible and fixed position as distinct classes
of time provided that systems articulate clearly the differences between
such classes, fully disclose them, and make them available to candidates.
(vi) Systems shall not establish a separate, premium-priced class of time
sold only to candidates. Systems 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. Systems 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. Systems 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) Systems 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,
systems 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) Systems 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 system. Bonus spots, however, must be included in the
calculation of the lowest unit charge calculation.
(xii) Make goods, defined as the rescheduling of preempted advertising,
shall be provided to candidates prior to election day if a system has
provided a time-sensitive make good during the year preceding the
pre-election periods, respectively set forth in paragraph (a)(1) of this
section, to any commercial advertiser who purchased time in the same class.
(xiii) Systems must disclose and make available to candidates any make good
policies provided to commercial advertisers. If a system 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, systems may charge legally qualified candidates for
public office no more than the charges made for comparable use of the system
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
system would charge for comparable commercial advertising. All discount
privileges otherwise offered by a system to commercial advertisers must be
disclosed and made available upon equal terms to all candidates for public
office.
(b) If a system permits a candidate to use its cablecast facilities, the
system 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 on
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, as
provided in § 76.1611. Systems 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 enough 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 system'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 system'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, systems shall negotiate in good faith to
actually sell time to candidates in accordance with the disclosure.
[ 57 FR 210 , Jan. 3, 1992, as amended at 57 FR 27709 , June 22, 1992; 65 FR 53615 , Sept. 5, 2000]
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Goto Section: 76.205 | 76.213
Goto Year: 2014 |
2016
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