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,

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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]