Political Broadcasting - Answering Your Questions on the FCC’s Rules and Policies

By David D. Oxenford
[December 2007]

The FCC's political broadcasting rules have been the bane of broadcast station general managers and sales personnel for as long as the rules have existed. The rules require that broadcasters sell rock-bottom priced spots to transient advertisers, who are often the least familiar with broadcast sales practices, yet demand the most time and attention from station sales representatives. Consequently, broadcasters end up getting the least money for spots that take the most time to sell. These spots also often cause the most heartache, since there is always the threat of FCC enforcement action or, at least, the cost of attorneys to help avoid getting the rules wrong.

While they can seem impenetrable and ever-changing, the same basic rules have been in place for well over a decade, with only minimal changes in the sponsorship identification and public file requirements mandated by the Bipartisan Campaign Reform Act of 2002. With a little attention, memorization, and assistance from our handy guide, the basics of the political rules can be readily deciphered.

Inside this guide:

• The Basics—Speak the Language
• Preparing for an Election—What to Worry About in Pre-election Periods
• Reasonable Access—Deciding Which Candidates Can Buy Time
• Equal Opportunities—Treating Competing Candidates Alike
• No Censorship and Third-Party Ads—What Responsibility Do Stations Have for Content
• Lowest Unit Charges—How Much Money Can You Charge for Political Spots
• Sponsorship Identification and BCRA Requirements
• Public File and Disclosure Statements
• Conclusion—Questions and Resources

For the complete guide, click here.

For more information, please contact:

	David D. Oxenford Washington, D.C. (202) 973-4200 davidoxenford@dwt.com		Brendan Holland Washington, D.C. (202) 973-4200 brendanholland@dwt.com
	Eric Stahl Seattle, Washington (206) 622-3150 ericstahl@dwt.com		David M. Silverman Washington, D.C. (202) 973-4200 davidsilverman@dwt.com

This advisory is a publication of the Broadcast Group of Davis Wright Tremaine LLP. Our purpose in publishing this advisory is to inform our clients and friends of recent developments in the broadcasting industry. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations. Attorney Advertising. Prior results do not guarantee a similar outcome. Thank you.

Copyright © 2007, Davis Wright Tremaine LLP.

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