Political Certification Study Guide - 0

Broadcast Traffic Professionals Political Certification Guide
2016 Broadcast
Traffic Professionals
Political Certification
Study Guides and
Examination
Traffic Directors Guild of America

tdga@cox.net
http://www.tdga.org/
Copyright, 2015-2016
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Page 2 - Copyright 2015-2016 TDGA- The Traffic Directors Guild of America

To qualify for participation in the Free Version of this course --------------------------------------------------------------------- Page 9
Examinations will be available as Section B (Political Terms & Definitions); & Section C (Rules & Regulations) ---- Page 9
To expedite the study process, Guides are NOT separated by individual media --------------------------------------------- Page 9
TDGA will not Issue Certification for Stations outside of the United States ----------------------------------------------------- Page 9
------------------ Page 12
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As you work your way through the various levels of our Political Certification Program,
youll notice weve added reference materials you may rely on for not only the immediate
learning process, but also for building a credible resource library for working your way
through the Election campaigns on the Federal, State and Local levels.
The Course is divided into Sections. The two that involve examinations are Sections
B & Section C.
Sections B will demonstrate your mastering and understanding of the terms used
in Political Advertising for broadcasting; and
Section C focuses on The Rules & Regulations, techniques and application skills.
Station Access and Applicable Rates are relatively simple. There are numerous
guidebooks issued by a host of highly respected broadcast legal specialists addressing
the basics. It becomes a little less clear when you add the Issue-related organizations
PACS (Political Action Committees and so-called Super-PACS. These "issue advertisers"
mushroomed as a result of the Supreme Courts Citizens United decision a few years ago,
which authorizes essentially unlimited electioneering advertising by individuals and
corporations as long as they are acting independently from the candidate. Broadcasters
maintain a tendency to group all of them as coming under a still-protected umbrella of lowest
unit rates during Political Windows.
We should note that
if all advertisers bought the same or similar broadcast campaigns, and

if all spots (or programs) were scheduled in specific Dayparts, and
if there were no such things as bonus spots, and schedules that crossover standardized Dayparts, and
if the FCC, Agencies, Reps, Salespeople and Traffic all referred to identical announcement types using a
universal standard
Well, there would be no need for a well-trained, well-versed team of Political experts to handle the Political Orders, double-checking
Sales to separate which qualified for mandated Lowest Unit Rates, to understand that proposed copy meets legal acceptance
standards for sponsorship ID and unmistakably carries (or fails to carry) the authorization of the use standards by the candidate.
And for non-candidate political or Issue advertising, will the station find itself in a position of liability for broadcasting fraudulent
misleading statements presented by non-candidate third-party PACS or Super-PACS. Every one of the if categories above are
modified by the addition of numerous ands, and buts.
It is the inclusion of those ifs, ands or buts that requires a Station to have not-only properly schooled Salespeople that
understand the basic Rules & Regulations of Political Advertising, but also a Professional Traffic team that has been trained and
met a standard of expertise in this highly specialized field of confirming that Station, FCC and FEC policies, rules and regulations
have been met in both the terms or the Broadcast Time Order, but also the specifics mandated by all governing bodies (Federal,
State and/or local).
Modifications traceable to sponsorship identification and public filing requirements mandated by the Bipartisan Campaign Reform
Act of 2002 bring Continuity, Production Staffing or whoever is charged with being a quasi-quality control checker into the process.
Far too often that morphs into a responsibility of Traffic. (All the more reason your Station should have a properly schooled, certified
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Political expert within the Traffic functions. The advent of the online public file for TV stations is also relatively new, but that change
did not modify the substantive obligations of broadcasters, only added another location of the public file information about political
buys.
While this course will prepare you for understanding and interpretation of the rules, let us stress this should not preclude you from
checking with a lawyer familiar with Political Broadcast rules where a seemingly simple detail can make a big difference in the legal
analysis of any issue.
Continuity and Production Departments are normally subject to insuring the Authorized by tags or Sponsor IDs are properly
included and fall within the total length of the Political Announcement or Program purchased. The TDGA Traffic Certification
Course and Exams are designed to test not only the understanding of compliance to the standard requirements of a Political or
Internet Broadcast Order, but to delve beyond the surface to address any non-standard instructions contained within the Political
Time Order.
And as with many highly detailed guidelines, the Rules for Federal Candidates in some instances vary dramatically from those
seeking State, County, Municipal or other levels of elective office. Regulations also vary for Radio, Television, Internet, Print, etc.
TDGA always recommends working closely with your State Broadcaster Associations, because youll find some requirements vary
dramatically when you deal with advertising campaign committees, especially when the office they seek might be across an
adjacent State boundary, served by your Broadcast facility. If your signal crosses into nearby states, remember that you may, in
fact, have an actual obligation to provide reasonable access for candidates for office over the State line.
We focus on two separate, yet co-dependent Sections in our online examinations. Schedule-B focuses on understanding the terms
and definitions that try to pool the interpretations of the FCC and Agencies with those used by Radio and Television staffers.
Schedule-C undertakes the paths to follow in applying the Rules & Regulations of the various Government agencies. Youll need to
demonstrate when its permissible to Gross-Up a LUR/LUC for one candidate, but not another running for the identical office; Know
why one spot suggesting the election of a candidate qualifies for discounts under the use provisions and a seemingly almost
identical message does not meet the criteria of a use.
Well cover scores of these unique twists and turns in our Certification, so be prepared to drive carefully as we undertake this tour
of Rules & Regulations, including our reference earlier to the Ifs, ands and buts
As we develop our Bibliography of sources used to develop this Course, we openly admit to relying on numerous Guides, and
resources from Law firms, Broadcast organizations, Offices of various Secretaries of State in many of the 50 States in the United
States and of course TDGAs own publications. The guidance contained is to be considered just that guidance. We are not able to
nor do we offer what could be interpreted as Legal Opinions. As with any aggregate pooling of suggested scenarios, you are best
advised to rely on the advice of your own legal counsel.
We also recommend utilizing the services of the Federal Communications Commission itself. This is a service that breaks the mold
of being non-committal and simply reads legalese text that can be interpreted several ways. Well even give you the name, the
number, the e-mail address and a few excerpts from an article we recently ran in TDGAs Website section, called Traffic Digest:
When you have a political question that stumps the legal community call Bobby Baker. Officially, he's the head of the
FCC Media Bureau's Political Programming; but to traffic or Sales personnel in need of answers to Political Questions
involving the FCC Rules & Regulations; he's the industry's go-to-guy. When TDGA is stumped, when your State
Broadcaster Association can't give you the absolute yes or no, and when it's important to get it right. We say, "Call Bobby.
Unlike many bureaucrats like those at the FCC or FEC who read you the passage or send you looking for it, Baker has the
ability to convert it to common understandable guidelines, and frequently has run into the same or similar circumstances
and literally can share what others have done to arrive at a solution.
I know, it sounds almost too good to be true. But he is the "go-to-guy" for even many of the best legal minds inside the
Beltway when a decision is needed on a short time frame. And he freely gives out his phone numbers and email to put
you in touch with the answers. Here they are: at the office 202-418-1417, his cell is 202-253-8419. You can also reach
him by e-mail at robert.baker@fcc.gov. Baker says, "I'm available 24-7. It's part of my job and I enjoy doing it. You will find

the experience to be quite satisfactory." Now, you honestly can tell those pestering Time Salespeople, youll get an answer
from your "friend in the business at the FCC."
We also will help you know what political advertising can be censored, and what circumstances absolutely prohibit your station from
changing copy, innuendos, and just plain lies. Federal candidates have a leeway that others do not. By the time you complete and
pass this Certification Course, you definitely will have demonstrated your expertise that permits us to grant you the Certification in
this unique sector of the Broadcast Industry.
Here are a few points it is important for you to understand about this specific TDGA Certification Program:
The Political Certification Course is Free To TDGA Members The 2016 Certification Program has specifically been written to
reflect the FCC, FEC and other Rules and Regulations in effect for the 2016 Federal Election period which includes Primaries,
Caucuses, Special, Runoff and General Elections held during the 2016 Calendar year and culminating with the General Elections
scheduled for Tuesday, November 8, 2016. To qualify for participation in the Free Version of this course, participants must be
current dues-paying members of TDGA on or after the date of November 1, 2015. New or renewing members joining on or after that
date must maintain their memberships in a current status thereafter in order to be considered as Certified for the 2016 Election
period.
Examinations will be available as Section B (Political Terms & Definitions); and Section C (Rules & Regulations) The
Examinations will be available Online. Upon completion, scoring and pass/fail will be undertaken by TDGA personnel. The Study
Guides and Reference Material will be available in PDF Format, so that they may be viewed online or printed by Members if that is
your preferred form of access. The PDF Format layout requires using standard 8 x 11 inch paper, and is formatted for insertion
into loose-leaf binders for ready reference by Traffic and/or the Sales Department.
Passing or Qualifying Score Requirements: The Examination to qualify for certification requires a passing grade of
90% correct or above in each of the Individual Sections of the Course. Certification and confirming certificates will only be
issued upon successful passing scores of both individual examinations. Schedules B and Schedule C may be taken
separately to allow you to concentrate on either Section before moving on to the other.
Re-Examination of Either Schedule Exam is permitted. In the event, participants do not attain the required 90% correct
score in their first attempt, they may make multiple attempts at passage, not to exceed a total of four times per Section
during the period, ending November 8, 2016. If the member or participant passes one of the individual examination
sections, they will need to pass all sections to be Certified by TDGA, but they will not be required to be re-tested in
sections previously passed if they had achieved a passing grade in that section.
To expedite the study process, the Guides are NOT separated by the medium for which you seek certification. Thus
participants may become certified in Radio-Only, Television-Only, or Radio & Television Combined. Where study areas apply to
only one of the two mediums, the Study Guide will clearly identify certain Rules that will apply to Radio-Only or Television-Only.
Otherwise, the participants should presume that the item being discussed will apply to both.
Please Note: Non-Commercial Broadcasters Are Not Offered a 2016 Certification Program. TDGA (in Schedule A) will
address the limited requirements involving non-commercial licensed Broadcasters (such as maintaining a Political File within their
Station Public Access Files) - the bulk of the subjects, topics and regulations apply only to Commercial Stations. Consequently the
2016 series of Political Certification does not include a separate category or classification for non-commercial services.
TDGA in this Pilot Certification Program (2016) will not Issue Certification for Stations outside of the United States. The
reason is that the bulk of terms, Rules and Regulations have primarily been promulgated by the FCC, FEC and other authorities
within the United States and would not be applicable to Broadcast authorities outside the United States (such as the CRTC, for
example.)
Non-Members may purchase the Course & Examination and participate in the program upon paying a fee of $89.95, plus any
applicable sales or internet taxes in effect at the time of their application to become a participant.
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Section A - Non-Commercial
Educational Radio and/or
Television Political
Regulations
Section-A is not part of the TDGA Political Certification Examination for Traffic Professional, primarily because there are
only a handful of Rules or Regulations that apply to Non-Commercial Radio or Television Stations. However, those few
items that do apply are worthy of inclusion in any course that purports to cover the basics of Broadcast Traffic Policies.
Noncommercial educational broadcast stations do not have to provide reasonable access to federal candidates. If they do
allow access to a candidate, in interview or public affairs programming; in that instance, they must comply with the equal
opportunity rule for all other candidates for that particular office. But, this does NOT apply to actual Political Advertising on your
Station(s), which is prohibited (See 47 U.S. Code 399 and 399b below)
47 U.S. Code 399 - Support of political candidates prohibited

No noncommercial educational broadcasting station may support or oppose any candidate for political office. This is
interpreted to mean no endorsements, no editorials in support or opposition and of course, no political advertising either in the form
of commercial announcements or programming.
47 U.S. Code 399b Offering of certain services, facilities, or products by public broadcast station
(a) Advertisement defined For purposes of this section, the term advertisement means any message or other
programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which
is intended
(1) To promote any service, facility, or product offered by any person who is engaged in such offering for profit;
(2) To express the views of any person with respect to any matter of public importance or interest; or
(3) To support or oppose any candidate for political office.
(b) Offering of services, facilities, or products permitted; advertisements prohibited
(1) Except as provided in paragraph (2), each public broadcast station shall be authorized to engage in the offering of
services, facilities, or products in exchange for remuneration.
(2) No public broadcast station may make its facilities available to any person for the broadcasting of any advertisement
There are scores of FCC, FEC, Federal, State, County (or Parish) Rules & Regulations that seem to indicate licensees of all
Stations must comply with. But, the two rules above specifically exempt non-commercial Radio and/or Television Stations, from
endorsing, supporting, opposing or providing any form of political commercial advertising from being broadcast.
To demonstrate this with specificity that while certain Rules & Regulations address providing candidates with Reasonable
Access, especially to candidates seeking Federal elective offices, Noncommercial educational broadcast stations do not
have to provide reasonable access, even to federal candidates. If your Station broadcasts public affairs programming
such as interviews of public officials or persons that happen to be a candidate, then they must comply with the equal
opportunity rule for all other candidates for that particular office. But, this does NOT in any way apply to actual Political
Advertising on your Station(s), which is not permitted under any circumstances.
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Reasonable access for candidates, (which should not be confused with equal time), applies only to federal candidates. But while all
commercial stations are obligated to provide access, Noncommercial stations, Radio or Television, do not need to provide
reasonable access.
Maintaining The Political File - Each station including Non-Commercial/Educational Radio & Television Licensees
must maintain a political file in its local public inspection file, and must be retained for two years. In Rule
required by 73.3526(e)(6), 73.3527(e)(5)) This file must contain all requests for specific schedules of advertising time by
candidates and certain issue advertisers, as well as the final dispositions by the broadcaster and the advertiser in response to any
requests. It is not necessary to retain any of the materials relating to the negotiation between the parties to reach the disposition.
The disposition would be presumed to be a refusal to accept political advertising in any form. Although it is doubtful a request would
ever reach the discussion stage of rates- should that occur the rates quoted should be referenced. The political file must also
contain all requests for time by a non-candidate to advertise any political matter of national importance (e.g., ads related to a legally
qualified candidate, an election to Federal office, or a national legislative issue of public importance).
While Political Advertising on Public, Non-Commercial Broadcast Stations, either Radio and Television is
specifically prohibited, FCC Regulations to maintain a Political File as part of your Public Inspection File does not
waive the required inclusion and/or maintenance of this file for non-Commercial Stations. (This has been slated
for discussion by the Commission, but at time of our publication, it has not been acted upon) Therefore,
maintaining the Political File is required even for stations prohibited from broadcasting Political Commercials.
73.1943 Political file.
(a) Every licensee shall keep and permit public inspection of a complete and orderly record (political file) of all requests
for broadcast time made by or on behalf of a candidate for public office, together with an appropriate notation showing
the disposition made by the licensee of such requests, and the charges made, if any, if the request is granted. The
disposition includes the schedule of time purchased, when spots actually aired, the rates charged, and the classes of
time purchased.
(b) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in
the political file.
(c) All records required by this paragraph shall be placed in the political file as soon as possible and shall be retained for
a period of two years. As soon as possible means immediately absent unusual circumstances.
(d) Location of the file. A television station licensee or applicant must post all of the contents added to its political
file after the effective date of this paragraph in the political file component of its public file on the Commission's
Web site. A television station must retain in its political file maintained at the station, at the location specified in
73.3526(b) or 73.3527(b), all material required to be included in the political file and added to the file prior to the effective
date of this paragraph. The online political file must be updated in the same manner as paragraph (c) of this section.
SPECIAL NOTES FOR TELEVISION STATIONS ONLY; (Not currently applicable to Radio)
The Online Public File for television stations is now a reality (and that includes the Political File for Non-Commercial
Television Stations). . While appeals of the imposition of the rules remain pending, both the FCC and the US Court of Appeals
denied stays of the August 2, 2012 effective date for the new requirements, so full-power and Class A television stations should
now be complying with the new obligations to maintain their public files online. The Online Public File is hosted by the FCC, and
uses the FCCs newly created system for uploading, storing and accessing the documents. So far, the system seems to be
functioning with a minimum of problems, though one or two glitches have been reported here and there.
Documents that stations file with the FCC are supposed to be uploaded to the Online Public File automatically by the FCC,
so individual stations do not need to worry about importing them into the new system. We have heard that this may not have
occurred in every instance, so stations should check their files to be sure that the proper uploading has in fact occurred. Other
documents will need to be uploaded by the stations themselves, and stations will also be responsible for maintaining and monitoring
the file, and deleting documents when their retention is no longer required.

What is Included in the Political File? - In the FCCs order adopting the obligation for the Online Public File, the FCC refers to
the political file only by reference to Section 73.1943 of the rules. That section of the rules deals only with the required information
about the sale of time to candidates themselves and the information that needs to be posted about such purchases.
Commonly, most stations talk about the political file more broadly, including information about third party purchases on Federal
issues (including Federal elections), which is covered in Section 315 of the Communications Act and not in the Commissions rules.
Some also look to Section 73.1212, where there are public file disclosure obligations for non-Federal issues of public importance.
The FCC has been back and forth on this issue, but is seemingly now taking the position that all of this kind of documentation about
third-party purchases on political campaigns is part of the stations political file. But this advice has changed several times, so
stations need to consult with their own counsel about this ambiguity in the new rules.
After the Effective Date, What Paper Public File Records Must Be Retained? - Letters and emails from the public
written to stations about their operations must be kept in a paper file. These are not to be placed in the Political File, despite the fact
that political candidates interviewed on non-commercial stations frequently draw comments of a political nature. The FCC decided
that these letters and emails could infringe on individual privacy if posted online. Thus, these communications will not be uploaded
to the Online Public File, but instead retained in a paper file at the station throughout the current license term and up through the
next renewal.
Political files created before the Effective Date must be retained in the paper file for two years.
Do Stations Need to Keep Back-up Files of the Political File? - For the most part, stations do not need to be able to
recreate the public file documents uploaded to the new Online Public File, as the Commissions system has been designed to
provide redundancy to minimize downtime. The Exception is the Political File:political files (only) need to be available
immediately in the event of a failure of the Commissions system These political back-up documents do not need to be
maintained in a public file, but stations should keep them in some internal records in case they are needed. The FCC has indicated
that stations will be able to mirror the stations online public file onto a local station server each day, and in this way maintain a
daily backup of the stations political file. Stations should insure that they are taking steps to have this back-up documentation of the
political file available in case it is needed.
Do Stations Need to Remove Documents from the Online File? - While the FCC will automatically upload FCC
applications and other FCC filings to the Online Public file, the FCC will not automatically remove these FCC submissions from the
online file once the required retention period has passed. Stations need to do maintenance of the online public file on their own,
removing files that no longer need to be retained.
Do Stations Need to Publicize the Existence of the Online Public File? - A link to the stations Online Public File must be
placed on a stations website. The stations website also must list the name and contact information for a person at the station who
can assist the disabled with accessing the online public file. While the FCC will be responsible for any technology on the site
necessary for accessibility, the station must still be prepared to assist those that need help in accessing the site.
Documents placed in this folder on or after August 2, 2012, by stations affiliated with the top four major television networks (ABC,
CBS, NBC and Fox) (PBS Excluded) in the top 50 television markets (DMAs) in the country will be available here. Older
information in this file for these stations will remain in the stations local public files, either in paper or electronic form. This could
result in the documentation for some political time purchases being split between the local station file and the online Commission
file.
All political file documentation for stations not affiliated with the top four networks or not in the top 50 markets will remain
available at the stations. Political file information for these excluded stations will be made available in the online file on a phased-
in, going-forward basis beginning on July 1, 2014. TDGA recommends seeking guidance from your Broadcast Communications
counsel to determine when and if the online file is required, based on the phased-in timetable established by the FCC.
For Demonstration purposes only, here is an URL to show you what the FCC Website provides for the public to see for a
Commercial Television Station. Now, here is a URL for a Non-Commercial Television Station. Note the absence of any Political File
Entries, absent because no inquiries had been made for political advertising time.
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Create a Political File Folder Even If You Have Had No Requests for Political Advertising - TDGA recommends
including a file folder clearly labeled as Political File within your Public Inspection File. You may want to include pre-printed copies
of the FCC regulations prohibiting you from accepting Political Advertising under terms of your license. This self- created station
form should allow for recording the time, date, person inquiring and your actions in denying the request for Political Advertising time.
You should retain this form for no less than 2 Years. It should show the name of the candidate for which the advertising was
requested, the office the candidate is seeking, and the election or issue for which the request was made. If the request is from a
candidate, the record must include the name of the candidates authorized political committee and the name of the committees
treasurer. If the request is from anyone else, the record must show the name of the person/sponsor making the request, along with
the name, address, and phone number of a sponsor contact person, and a list of the chief executive officers or similar officials.
Information should be placed in the file as soon as possible (i.e., same day) after a request for political time. Although not required
as of this the publication dates of the TDGA Political Certification Program for 2016, the Federal Communications Commission has
initiated the rulemaking procedures to include radio station public files, including the political file, to the internet. It is possible, to
expect such regulations to be enacted during the current election cycle. TDGAs Traffic Digest website, your State Broadcaster
Association, the NAB and RAB would all be suggested sources for ascertaining if such Rulemaking was being enacted during the
period covered in this 2016 Election period.

Section B Terms and

Definitions Relating to
Radio, Television and
Internet Political
Broadcasting
CONGRESS-------------------------------------------------------------------- 19
A CONGRESSIONAL DISTRICT -------------------------------------------- 19
ABSENTEE BALLOT -------------------------------------------------------- 17 CONSERVATIVE ------------------------------------------------------------- 19
ANTI-DISCRIMINATION CLAUSE (In Advertising):------------------ 17 CONVENTION ----------------------------------------------------------------- 19
CONVERTING NET TO GROSS ------------------ See "Grossing Up"
B
D
B.T.A. --------------------------------------------- See Best Times Available
BALANCED BUDGET AMENDMENT ----------------------------------- 17 DEBATE------------------------------------------------------------------------- 19
BALLOT ------------------------------------------------------------------------- 17 DELEGATE--------------------------------------------------------------------- 19
BALLOT BOX ------------------------------------------------------------------ 17 DEMOCRACY ----------------------------------------------------------------- 19
BALLOT INITIATIVE --------------------------------------------------------- 17 DEMOCRAT-------------------------------------------------------------------- 19
BALLOT MEASURE ------------------------------------ See Ballot Iniative DEMOCRATIC PARTY ------------------------------------------------------ 19
BCRA -------------------------------------------- See McCain-Feingold Law
E
BEST TIMES AVAILABLE-------------------------------------------------- 17
BICAMERAL ------------------------------------------------------------------- 18 EARLY VOTING: -------------------------------------------------------------- 19
BILL OF RIGHTS ------------------------------------------------------------- 17 ELECTION---------------------------------------------------------------------- 19
BIPARTISAN------------------------------------------------------------------- 18 ELECTORAL COLLEGE ---------------------------------------------------- 19
Bipartisan Campaign Reform Act --------- See McCain-Feingold Law EQUAL TIME PROVISION ------------------------------------------------- 19
BLANKET PRIMARY -------------------------------------------------------- 18 EXECUTIVE BRANCH ------------------------------------------------------ 19
BONA FIDE NEWS PROGRAMMING----------------------------------- 18 EXIT POLL --------------------------------------------------------------------- 19
BROKERED CONVENTION ----------------------------------------------- 18
BUTTERFLY BALLOT ------------------------------------------------------- 18 F
FAIRNESS DOCTRINE ----------------------------------------------------- 20
C
FEC DISCLAIMER (For Internet Advertising) -------------------------- 20
CAMPAIGN -------------------------------------------------------------------- 18 FEDERAL CANDIDATE ----------------------------------------------------- 20
CANDIDATE ------------------------------------------------------------------- 18 FEDERAL ELECTION CAMPAIGN ACT -------------------------------- 20
CAUCUS ------------------------------------------------------------------------ 18 FRONT RUNNER ------------------------------------------------------------- 20
CENSORSHIP----------------------------------------------------------------- 18
CENSUS ------------------------------------------------------------------------ 18 G
CHAD ---------------------------------------------------------------------------- 18 GENERAL ELECTION------------------------------------------------------- 20
CITIZENS UNITED ----------------------------------------------------------- 18 GERRYMANDERING -------------------------------------------------------- 20
CLOSED PRIMARY ---------------------------------------------------------- 18 GROSSING UP---------------------------------------------------------------- 20
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GUBERNATORIAL ELECTION ------------------------------------------- 20 P

PAC----------------------------------------- See Political Action Committee
H
PARTISAN ----------------------------------------------------------------------22
Hanging Chad ------------------------------------ Also See Hanging Chad PLATFORM---------------------------------------------------------------------22
HANGING CHAD -------------------------------------------- Also See Chad PLURALITY---------------------------------------------------------------------22
HARD MONEY ---------------------------------------------------------------- 20 POLITICAL ACTION COMMITTEE ---------------------------------------22
HOUSE OF REPRESENTATIVES --------------------------------------- 20 POLITICAL PARTY -----------------------------------------------------------23
POLITICIAL WINDOWS: ----------------------------------------------------23
I POLITICIAN --------------------------------------------------------------------23
INCUMBENT ------------------------------------------------------------------- 21 POLL -----------------------------------------------------------------------------23
INDEPENDENT --------------------------------------------------------------- 21 POLL TAX-----------------------------------------------------------------------23
ISSUE------------------------------------------------------- See Ballot Iniative POPULAR VOTE--------------------------------------------------------------23
PRECINCT----------------------------------------------------------------------23
J PRE-EMPTIBLE ---------------------------------------------------------------23
PRE-EMPTIBLE WITH NOTICE ------------------------------------------23
JUDICIAL BRANCH ---------------------------------------------------------- 21 PRESIDENTIAL CANDIDATE ---------------------------------------------23
PRIMARY ELECTION--------------------------------------------------------24
L
PROGRAM-LENGTH ADVERTISING -----------------------------------24
LEGALLY QUALIFIED CANDIDATE ------------------------------------- 21 PROPOSITION ------------------------------------------- See Ballot Iniative
LEGISLATIVE BRANCH ---------------------------------------------------- 21 PROTEST VOTE --------------------------------------------------------------24
LIBERAL ------------------------------------------------------------------------ 21 PUBLIC QUESTION------------------------------------- See Ballot Iniative
LIBERTARIAN ----------------------------------------------------------------- 21
LOBBYIST ---------------------------------------------------------------------- 21 R
Lowest Unit Charge --------------------------------------- See LUC or LUR R.O.S. ----------------------------------------------- See Run Of The Station
Lowest Unit Rate ------------------------------------------- See LUC or LUR REASONABLE ACCESS----------------------------------------------------24
LUC or LUR -------------------------------------------------------------------- 21 REDISTRICTING--------------------------------------------------------------24
REFERENDUM ------------------------------------------- See Ballot Iniative
M
REFERENDUM: ------------------------------------------ See Ballot Iniative
MAJORITY (Absolute Majority) -------------------------------------------- 21 REPRESENTATIVE DEMOCRACY --------------------------------------24
MAJORITY (Simple Majority) ---------------------------------------------- 21 REPUBLICAN ------------------------------------------------------------------24
MATCHING FUNDS---------------------------------------------------------- 21 REPUBLICAN PARTY -------------------------------------------------------24
McCAIN-FEINGOLD LAW -------------------------------------------------- 22 RUN OF THE STATION -----------------------------------------------------24
MIDTERM ELECTION ------------------------------------------------------- 22 RUNOFF ELECTION---------------------------------------------------------24
MINORITY ---------------------------------------------------------------------- 22
MOTOR-VOTER BILL ------------------------------------------------------- 22 S
MUDSLINGING---------------------------------------------------------------- 22 SENATE-------------------------------------------------------------------------24
SOFT MONEY -----------------------------------------------------------------24
N
SPECIAL ELECTION---------------------------------------------------------24
NCSA: Non-Sustaining Commercial Anncts. --------------------------- 22 STRAW VOTE -----------------------------------------------------------------24
NEGATIVE ADS--------------------------------------------------------------- 22 SUFFRAGE---------------------------------------------------------------------24
NOMINEE----------------------------------------------------------------------- 22 SUFFRAGETTE ---------------------------------------------------------------25
NON- PRE-EMPTIBLE ------------------------------------------------------ 22 SUPER DELEGATE ----------------------------------------------------------25
NON-PARTISAN -------------------------------------------------------------- 22 SUPER TUESDAY ------------------------------------------------------------25
SWING VOTERS--------------------------------------------------------------25
O
T
OPEN PRIMARY (1st Definition)------------------------------------------- 22
OPEN PRIMARY/GENERAL ELECTION (2nd Definition): ---------- 22 TEA BAG PARTY -------------------------------------------------------------25
TEA BAGGERS ----------------------------------------- See Tea Bag Party

TERM LIMITS ----------------------------------------------------------------- 25 V

THIRD PARTY ---------------------------------------------------------------- 25
VOTE ---------------------------------------------------------------------------- 25
TOWN MEETING ------------------------------------------------------------- 25
VOTING BOOTH -------------------------------------------------------------- 25
TRADE (BARTER, CONTRA) --------------------------------------------- 25
VOTING MACHINE----------------------------------------------------------- 25
U
W
U.S. CONSTITUTION ------------------------------------------------------- 25
WRITE-IN CANDIDATE ----------------------------------------------------- 25
USE ------------------------------------------------------------------------------ 25
Z
ZAPPLE DOCTRINE --------------------------------------------------------- 25
Terms and Definitions Relating to Radio, Television and

Internet Political Broadcasting
ABSENTEE BALLOT: A paper ballot designed to be mailed attempt to force Congress to limit federal spending to the
via the U.S. Postal Service, that is used by voters who will amount the government takes in every year by amending the
not be able to vote (or choose not to vote) at their home U.S. Constitution. The concept is fairly simple. The debate is
precinct on Election Day (like military personnel stationed anything but.
overseas). The voter mails the absentee ballot before
BALLOT: A piece of paper listing the candidates running for
Election Day and it is counted on Election Day.
office. A ballot is used to cast a vote.
ANTI-DISCRIMINATION CLAUSE (In Advertising): The
BALLOT BOX: - a box in which votes are placed.
FCC added a provision to its Station license renewal Form
303S the form that radio and television stations use to file BALLOT INITIATIVE: (also BALLOT MEASURE, ISSUE,
license renewal applications. This Clause requires that PUBLIC QUESTION, REFERENDUM or PROPOSITION) A
advertising contracts contain a nondiscrimination provision to ballot initiative is a proposed piece of legislation (a proposed
assure that advertisers are not purchasing advertising on the law) that the general electorate can vote upon to approve,
station for a discriminatory purpose. Consequently this deny or sometimes provide guidance to elected
applies to all political advertising as well. Stations must avoid representatives.. When the voters outcome is in the form of
advertising purchases made on the basis of "no urban, no guidance only, itd usually called a Non-Binding Measure.
Spanish" dictates, but does not go any further in interpreting Technically the word Initiative also means it was placed on
the requirements of this policy. In that Commercial Radio & the ballot as a result of a publicly circulated petition as
Television Stations must disclose all material policies to opposed to action taken by a governing body.
those requesting Political Advertising, it is suggested that all
information be modified to include this anti-discrimination BEST TIMES AVAILABLE (or B.T.A.) BTA (Best Time
clause. The following is a suggested text: Available) is definitely a misleading term in Broadcast Traffic
parlance. It actually means the Best Times of what remains
This station does not discriminate in the sale of unsold after nearly all other type of Orders are scheduled.
advertising time, and will accept no advertising Those unfamiliar with this term feel it means the very best
which is placed with intent to discriminate on the but it means the best of remains unsold in Broadcast Traffic
basis of race or ethnicity. Advertiser hereby certifies
terminology.
that it is not buying broadcasting air time under this
advertising sales contract for a discriminatory BILL OF RIGHTS: The Bill of Rights is the first 10
purpose, including but not limited to decisions not to amendments to the US Constitution. These amendments
place advertising on particular stations on the basis were ratified on December 15, 1791. The Bill of Rights was
of race, national origin, or ancestry.
proposed to ensure that individuals would have civil rights
BALANCED BUDGET AMENDMENT: The proposed and could avoid the tyranny of an overly-powerful central
balanced budget amendment is a widely debated and elusive government.
Page 17
BIPARTISAN: Supported by members of the two major and rarely does a State have both a Caucus and separate
political parties (the Democrats and the Republicans). Primary. It is common for a State to have one or the other). Is
it eligible for Political Windows providing Lowest Unit Rates
BICAMERAL: Consisting of two legislative branches, like the
for a candidates Use?? The FEC says A caucus or
US Congress, this consists of the House of Representatives
convention of a political party is an election if the caucus or
and the Senate.
convention has the authority to select a nominee for federal
BLANKET PRIMARY: This is a primary election where the office on behalf of that party. However Straw Poll type
names of all the candidates for all parties appear on one caucuses that carry no nominating implication would not
ballot. This is also sometimes called an Open Primary meet the FEC criteria, while a Nominating Caucus does.
BONA FIDE NEWS PROGRAMMING: News or News CENSORSHIP: Candidates commercials cannot be
Interview Programs, such as Meet the Press, or Face the censored, nor matter how far from the truth they tend to
Nation are excellent examples of news or news interview travel. However, while they literally can get away with saying
programs. But the FCC in the last two decades has anything, true or not, or in good taste or not., non-candidate
liberalized the definitions to include programs that most political advertising not an actual use by the candidate
would define as primarily entertainment programs, but which themselves must be reasonably true and the station has an
might feature newsmaker interviews in their Magazine type obligation to censor (or require proof of statements being
of formatting. The FCC has declared them to also be made by PACs or non-candidates). These non-candidate
acceptable as a news interview program. (Example here advertisements can (and sometimes should) be censored by
would include the Tonight Show, CBS Late Night with the Station. This applies not only the audio, but the video as
Stephen Colbert and The Daily Show.) Thus Equal time well especially if it graphically shows scenes your stations
provisions literally no longer apply and have been replaced judges to be repugnant to your viewing audiences. The
by whats termed Reasonable Access. But even Station share liability along with the provider or sponsor of
Reasonable Access cannot be applied to News or News the advertising to insure it is correct, factual and purposely
Interview programming and thus it is Exempt from mandated does not state the truth.
fair and balanced platforms for candidates from different
CENSUS: An official count of the number of people in a
parties. Reasonable Access does apply however for spot
region. The survey is done by a government, usually
advertising. Be sure you understand the difference between
periodically. The U.S. Census, for example is held once
Equal Time and Reasonable Access.
every 10 years.
BROKERED CONVENTION: A brokered convention is a
CHAD: A tiny bit of paper that is punched from a ballot using
rare event in modern politics in which none of the presidential
a punch-type mechanical voting machine. A Hanging Chad
candidates enters their partys national convention having
is one that was not completely separated from the card or
won enough delegates secures the nomination on the first
ballot making it difficult to determine if the hole that should be
ballot. No presidential nominating convention has gone
there was an actual indication of a voters intention to select
beyond the first round of balloting since 1952.
that name, candidate or choice.
BUTTERFLY BALLOT: A type of paper ballot in which the
CITIZENS UNITED: Citizens United is a conservative
actual voting is done by the central fold of a two-page,
advocacy group that successfully sued the Federal Election
pamphlet-like ballot (the two open pages are like a butterfly's
Commission in 2008. The group's name is also commonly
wings; the voting is done where the butterfly's body would
used to refer to the landmark U.S. Supreme Court ruling that
be).
found the federal government cannot limit corporations from
CAMPAIGN: A series of political actions (all efforts such as spending money to influence the outcome of elections
advertisements, public appearances, and debates) that are
CLOSED PRIMARY: A primary election in which only those
used to help a candidate get elected to office.
voters who have registered as belonging to a particular
CANDIDATE: The person who is running for an office. political party can actually participate or vote. For example, if
it is a Republican primary election, only those people who
CAUCUS: An informal meeting at which potential voters and are registered Republicans can vote (since that election is to
candidates (or their representatives) talk about the issues choose the Republican candidate who will eventually run for
and their preferred candidate, and then decide which office in the general election).
candidate they support and which delegates to send to their
political party's convention. Not every US state has caucuses

CONGRESS: The US Congress, which makes the country's popular vote). The Electoral College is composed of
laws, is divided into the Senate and the House of delegates from each state (plus the District of Columbia).
Representatives. There are currently 100 Senators (2 from (The number of delegates from each state is equal to the
each state) and 435 members of the House of sum of that state's Senators plus Representatives.)
Representatives (Representatives are divided by population According to the US Constitution, the electors (chosen by
among the states with one representative per Congressional popular vote) assemble in their respective state capitals on
District. Regardless of population, each state shall have at the first Monday after the second Wednesday in December
least 1 representative). and vote for president. Electors are supposed to vote for the
candidate who received a plurality of votes in the state or
CONGRESSIONAL DISTRICT: An area within a state from
area they represent. To become president, a candidate must
which a member of the House of Representatives is elected.
get more than half of the Electoral College votes (270 out of
There are 435 Congressional districts. Currently, each district
538 votes).
has about 570,000 people. Seats (positions) in the House of
Representatives are reapportioned every 10 years; since the EQUAL TIME PROVISION: The equal-time rule specifies
number of Representatives is set to 435, some areas lose that U.S. radio and television broadcast stations must
Representatives and others gain some. provide an equivalent opportunity to any opposing political
CONSERVATIVE: People who generally like to uphold candidates who request it. This means, for example, that if a
current conditions and oppose changes. Conservatives are station gives one free minute to a candidate in prime time, it
often referred to as the right wing. must do the same for another candidate who requests it. The
equal-time rule was created because the FCC thought the
CONVENTION: An official meeting of the delegates of a stations could easily manipulate the outcome of elections by
political party at which they choose their candidates and presenting just one point of view, and excluding other
decide upon their party platform. candidates. It should not be confused with the now-
defunct Fairness Doctrine, which dealt with presenting
CONVERTING NET TO GROSS: (See Grossing Up)
balanced points of view on matters of public importance.
DEBATE: A formal, public political discussion involving two
or more candidates for office. In a debate, candidates state There are four exceptions to the equal-time rule. If the airing
and defend their positions on major issues. Debates are was within a documentary, bona fide news interview,
often held in public places or are broadcast on radio, TV, scheduled newscast or an on-the-spot news event, the
and/or on the Internet. equal-time rule does not apply.
DELEGATE: A person who is chosen to represent a local Since 1983, political debates not hosted by the media station
political party at a political convention. are considered "news events," and as a result, are not
subject to the rule. Consequently, these debates may include
DEMOCRAT: A person who belongs to the Democratic only major-party candidates without having to offer air time to
political party. minor-party or independent candidates. Talk shows and
DEMOCRATIC PARTY: A major US political party. The other regular news programming from syndicators, such as
symbol of the Democratic Party is the donkey. The first Entertainment Tonight, are also declared exempt from the
Democratic US President was Andrew Jackson. rule by the FCC on a case-by-case basis.
DEMOCRACY: A form of government in which people hold EXECUTIVE BRANCH: The part of the US government that
the power, either by voting for measures directly or by voting administers the laws and other affairs of the government; it
for representatives who vote for them. includes the President (also called the Chief Executive), the
President's staff, executive agencies (the Office of
EARLY VOTING: Early voting allows voters to cast their
Management and Budget, the National Security Council, etc.)
ballots in person before Election Day. The practice is legal in
and Cabinet departments (like the State Department, the
about two-thirds of the United States. Voters in most states
Dept. of Defense, the Dept. of Agriculture, etc.).
that allow early voting do not need to provide a reason to
exercise their right to vote. EXIT POLL: Informal polls taken as people leave the voting
booth. Exit polls are used to predict the outcome of the
ELECTION: A process in which people vote to choose a
election before the polls are closed.
leader or to decide an issue.
FAIRNESS DOCTRINE: The Fairness Doctrine was
ELECTORAL COLLEGE: A group of people who formally
repealed in 1987. In 2014, the FCC staff issued two separate
elect the president of the USA (their vote happens after the
opinions concluding that both the Fairness Doctrine and the
Page 19
Zapple Doctrine have no current legal effect. It will not FRONT RUNNER: A front runner is the political candidate or
appear or be referenced in the TDGA Political Certification a candidate who looks as though he/she is winning.
Examinations. The repealed Fairness Doctrine required
GENERAL ELECTION: An election that is being held
broadcasters to notify and offer individuals involved in public
throughout the country on the same day. Traditionally, this is
matters who were insulted on the air an opportunity to
the first Tuesday of November (unless that is also the very
respond over the stations facilities or on its programming. Do
first day of the month; in that case the General Election is
not confuse the Fairness Doctrine with the Equal Time
pushed back to the second Tuesday of November).
provision, which does remain in effect.
GERRYMANDERING: A process in which a voting district is
FEC DISCLAIMER (For Internet Advertising): A regulation
broken up or the physical boundaries of a voting district are
approved in 2006 by the Federal Election Commission
changed in order to make it easier for one political party to
requires a disclaimer obligations involving political
win future elections. The term gerrymander was coined in
advertising on the Internet. They apply to federal elections
1812 when a county in Massachusetts was redistricted into a
and candidates. The regulations apply to all forms of
salamander-like shape by Gov. Elbridge Gerry for political
advertising, such as banner advertisements, streaming
purposes. His last name was combined with the word
video, pop-up advertisements, and directed search results. If
salamander to get "gerrymander."
the advertisement is paid for and authorized by a candidate,
or his/her authorized committee or agent, it must clearly state GROSSING UP: The process of converting Net-To-Station
that the communication was paid for by the authorizing advertising rates to a Gross (commissionable rate), so that
political committee. Conversely, if paid for by any other legitimate Advertising Agencies are allowed a 15%
person, the disclaimer must clearly state that the commission on orders placed on your Station. To arrive at a
communication is paid for by such other person and is Gross (Commissionable rate) multiply the Net spot or
authorized by the candidate, authorized committee, or agent. program rate by a factor of 1.17647.
If the communication is not authorized, the disclaimer must
clearly state the full name and permanent street address, Example, a net rate of $85.00 multiplied by
telephone number, or World Wide Web address of the 1.17647 = $99.99995 (which when rounded to the
person who paid for the communication, and that it is not nearest whole number becomes $100.00 Gross.
authorized by any candidate or candidates committee. The When the 15% is deducted from the Gross- the
size of the disclaimer must be sufficient so as to be clearly resulting net becomes $85.00.
readable. (Twelve-point type size is sufficient). It must be
contained in a printed box set apart from the other contents GUBERNATORIAL ELECTION: The selection of a Governor
of the communication. The responsibility for posting a by a state's voters.
disclaimer is on the person or entity purchasing the HANGING CHAD: A chad is a tiny bit of paper that is
advertising. It is not the responsibility of the website operator. punched from a ballot using a punch-type mechanical voting
Regardless, a familiarity with FEC requirements in this area machine. A hanging chad is a chad that did not completely
and the ability to evaluate whether Internet advertising detach from the ballot. When there is a hanging chad, that
complies with them reduces the risk of involvement in a vote may not be counted correctly.
complaint or enforcement action against the advertiser.
HARD MONEY: Money that is given to a political party with
FEDERAL CANDIDATE: In many cases, candidates for the understanding it is to be used to support a specific
federal office have rights and responsibilities that do not candidate. This is the opposite of Soft Money which may be
apply to candidates for state or local offices. Federal used for non-specific candidates within a Political Party for
candidates are those running for President, or the United general party voter registration drives, administrative costs
States Senate of U.S. House of Representatives. (See also and general political party expenses, but it may and often is
LEGALLY QUALIFIED CANDIDATE). used by the parties to help particular candidates in their
FEDERAL ELECTION CAMPAIGN ACT: Federal Election efforts to be elected.
Campaign Act (FECA) - a law passed in 1971 (and amended HOUSE OF REPRESENTATIVES: The House of
in 1974, 1976 and 1979) that limits the financing of Representatives is part of Congress; they propose and vote
campaigns for federal elections. The law requires that on legislation (laws). There are 435 members of the House of
candidates and their political committees let the public know Representatives (divided by population among the states,
who gives them money and how they spend that money. The with each state having at least 1 representative). There are
law also regulates the public funding of presidential elections. 435 Congressional districts. Each district has about 570,000
people. Seats (positions) in the House of Representatives office). LUCs and LURs are not extended to PACs, Super
are reapportioned every 10 years; since the number of PACS or Committees campaigning for or against passage of
Representatives is set to 435, some areas lose Public Questions.
Representatives and others gain some. Representatives are
But there is one exception involving Political Parties
elected to a term of 2 years.
being eligible for a LUR/LUR: A political party may request
INCUMBENT: A person who is currently in office. the lowest unit charges, but only where they are using
specific types of donations subject to political campaign
INDEPENDENT: A person who is not associated with any
limitations, and where the advertising purchases are
political party.
authorized and coordinated with a candidate (and, in
JUDICIAL BRANCH: The part of the US government that Federal races, where the spots make that coordination clear
settles disputes and administers justice. The judicial branch with the I approved this message tag). Not all party spots
is made up of the court system, including US District Courts, are entitled to this treatment only this special class of
many Federal courts, the US Court of Appeals (also called coordinated expenditures and stations are entitled to get
the Federal Circuit Courts), and the Supreme Court. written confirmation from the party or the candidate that the
expenditures are coordinated under the election laws. If not
LEGALLY QUALIFIED CANDIDATE: A legally qualified coordinated, the parties get charged the same as any other
candidate is one who has fulfilled all of the requirements to third-party organization.
run for a particular office. That usually means filing certain
papers with the state or local election boards, and may, in During the Political Window period, sales of broadcast times
some cases, require the gathering of signatures on a petition to candidates must be made at the lowest unit rates, which
or payment of a filing fee. Once a potential candidate has means the lowest rate given to any other advertiser for a
done the things necessary to qualify for a place on the ballot purchase of the same class of time. Complete details as to
in the jurisdiction in which they are seeking office, he or she how the lowest unit rate can be calculated are found in the
is considered a legally qualified candidate. The definition Political Traffic Certification Course for current TDGA
may also include a write-in candidate. For a candidate to be Members. A 45-day Political Window applies to a Primary or
legally qualified for the purpose of FCC political broadcasting Runoff Election and a 60-Day Political Window for a General
rules, a write-in candidate must have done certain things. or Special election date. This applies only to Commercial
(See WRITE-IN CANDIDATE in this Glossary). (See also Radio and Television Stations, as Non-Commercial
PRESIDENTIAL CANDIDATE and FEDERAL CANDIDATE Stations are not permitted to broadcast advertising
for additional requirements). announcements.
LEGISLATIVE BRANCH: The part of the US government MAJORITY (Absolute Majority): There are two definitions
that makes the laws and appropriates funds. The Legislative or Majority. One is the Absolute Majority which amounts an n
Branch includes the US House of Representative and Senate amount equal to or greater than 50%-plus-one additional
(plus congressional staffs and committees) plus support vote of all those cast.
agencies (like the General Accounting Office, the
Congressional Budget Office, the Library of Congress, etc.). MAJORITY (Simple Majority): The second definition
applies to what is called a Simple Majority. That does not
LIBERAL: People who generally like to reform current necessarily meet the threshold of being 50% or more of all
conditions. Liberals are often referred to as the left wing. votes cast, but simply the highest number or percentage
amassed by a single candidate or answer-choice of all others
LIBERTARIAN: A person who belongs to the Libertarian
listed on the ballot.
political party.
MATCHING FUNDS: Public money that is given to
LOBBYIST: People who are associated with groups (like
presidential candidates in an amount equal to the amount
labor unions, corporations, etc.) and who try to persuade
that they have raised privately. During the primary season
members of the government (like members of Congress) to
(before the convention), candidates who use matching funds
enact legislation that would benefit their group.
may get up to $250 in matching funds for each individual
LOWEST UNIT CHARGE or LOWEST UNIT RATE (See contribution they get. The matching funds are mostly
LUC or LUR, below) financed by U.S. taxpayers (they can check a box to give
$3.00 of their taxes when they pay their federal income
LUC or LUR: An acronym for Lowest Unit Charge or
taxes).
Lowest Unit Rate (meaning the rate charged by Broadcast
Stations for Qualified Candidates seeking election to an
Page 21
McCAIN-FEINGOLD LAW: Also called the Bipartisan Station has established a higher rate for this guarantee and
Campaign Reform Act (BCRA). It is a law that attempted to except for technical difficulties or not being on-the-air is
reduce the influence of people giving "soft money" to obligated to schedule the announcement as ordered.
politicians. The law limits the amount of "soft money" that can
be given to a political party and how much can be spent on Stations should categorize their political advertising into
political advertising. This law was named for its sponsors, types such as NON-PREEMPTIBLE (Highest Priority),
John McCain, Republican Senator from Arizona, and Russell PREEMPTIBLE WITH NOTICE (Secondary Priority),
Feingold, Democratic Senator from Wisconsin. PREEMPTIBLE (next to lowest priority) or RUN-OF-
STATION (ROS) meaning it may be moved to any
MIDTERM ELECTION: A general election that does not other open (unsold) availability on the same
coincide with a presidential election year, but occurs two Broadcast Day (which is considered the lowest priority
years into the term of a president. In a midterm election, of the four different types). Note that ROS When
some members of the US Senate, all members of the House defined by the FCC means anytime from sign-on to
of Representatives, and many state and local positions are sign-off
voted on.
OPEN PRIMARY (1st Definition): A primary in which all
MINORITY: While the word Minority has several definitions, registered voters can vote, regardless of which party they
for the purpose of Politics, Minority is defined as meaning have registered under.
less than one-half (of the votes).
OPEN PRIMARY/GENERAL ELECTION (2nd Definition):
MOTOR-VOTER BILL: A bill passed by Congress in 1993 Unique to certain States or defined political boundary, this
that lets US citizens register to vote when they apply for a type of Open Primary is combined with a General Election.
driver's license. All candidates, regardless of party affiliation are listed on a
single ballot, and all eligible voters may participate. After the
MUDSLINGING: Negative, often personal, frequently
polls close, if a candidate received 50%-plus-one-vote, they
inaccurate or exaggerated attacks of the opposition.
are elected to the position for which they were competing. If
NCSA: Non-Sustaining Commercial Anncts. These are no candidate receives this majority of 50%-plus-one, the top
also sometimes called PEP Spots used to help fund two vote recipients are designated for a Special or Runoff
programs and projects undertaken by State Broadcaster Election. Thus if there is a clear winner, the Open Primary
Associations. Individual Stations carry these announcements counts as a General Election (if not, the top two are
to help provide exposure to underwriting associations such considered primary finalists and face each other in the
as Stare Agriculture Departments, State National Guard Runoff.) Louisiana utilizes this type of Election which many
Recruitment or other semi or non-commercial / non-profit say is closer to a true democracy. The difference is this
organizations. These underwriting groups paid fees directly format and simple vote majority recipient is that that a
to the State Associations and not the Radio or TV Stations. threshold of 50%-plus-one eliminates the costs of duplicating
Consequently, although they have a cash value, it does not a second election because the winner received an absolute
accrue to the Stations. They are therefore exempted as majority rather than a simple majority.
having a cash value when determining political lowest-unit-
rates for Broadcasters. PARTISAN: A strong, often emotional supporter of a person
or cause; can apply to a group as well as individuals.
NEGATIVE ADS: Political advertisements that attack a
PLATFORM: A formal written document that states a political
candidate's opponent, often trying to destroy the opponent's
party's stances on important issues and its goals for the
character.
future.
NOMINEE: The person that a political party chooses to
PLURALITY: In most elections, the person who gets more
represent it in a general election. This is called nomination.
votes than anyone else is the winner (even if it isn't more
NON-PARTISAN: Meaning not supporting or controlled by a than half of the votes). That person is said to have a plurality
group or a cause. of the votes.
NON- PRE-EMPTIBLE: A type of announcement defined by POLITICAL ACTION COMMITTEE (Also known as PAC) -
the FCC (Federal Communications Commission) that PAC's are political groups that are not formally related to a
prohibits the broadcast station to move or temporarily delete particular political party, but are associated with other groups
the announcement from the Program Log for replacement by (like labor unions, corporations, etc.). PAC's try to influence
any announcement with an equal or higher priority. The
elections and candidates by giving money to them so that Stations should categorize their political advertising into
they can later have laws passed that would favor their group. types such as NON-PREEMPTIBLE (Highest Priority),
PREEMPTIBLE WITH NOTICE (Secondary Priority),
POLITICAL PARTY: An organized group of people with
PREEMPTIBLE (next to lowest priority) or RUN-OF-
common values and goals, who try to get their candidates
STATION (ROS) meaning it may be moved to any
elected to office. The Democrats and the Republicans are
other open (unsold) availability on the same
the two major political parties in the USA today.
Broadcast Day (which is considered the lowest priority
POLITICIAL WINDOWS: Political Windows are the periods of the four different types). Note that ROS (Run-of-
45 days prior to the date of a Primary or Runoff Election, Station is sometimes identified as BTA (Meaning
or 60 days before a General or Special Election. During best time available after all other priorities are placed).
the Political Windows, candidates can purchase time at the
PRE-EMPTIBLE WITH NOTICE : A type of announcement
lowest unit rate, sometimes referred to as the LUC or LUR. In
defined by the FCC (Federal Communications Commission)
counting the days for the political windows, do not count the
that allows the broadcast station to move or temporarily
Election Day itself, but begin with the day prior to Election
delete the announcement from the Program Log and be
Day and count either 45 or 60-days backwards to arrive at
replaced by any announcement with a higher priority. But the
the day the Political Window period begins.
station is obligated to notify the advertiser and receive
rescheduling approval for moving it. The Advertiser should
POLITICIAN: A person who is running for office or has won
appoint a person or agency authorized to approve the
an election and is already in office.
move or deletion. This is usually accomplished by either
POLL: A survey of people (usually of voters) that is taken to telephone or email from the station to the advertisers
find out which candidate or issue they might vote for. representative. The Station is obligated to re-schedule the
announcement as soon as possible in the same Daypart or
POLL TAX: Money that must be paid in order to vote. There program, only after notice has been given. If the Station
used to be poll taxes in some places in the USA; this tax kept cannot reschedule the preempted with notice announcement
many poor people from voting since they could not afford to in a location acceptable to the advertiser, it must arrange to
pay the tax. The 24th Amendment to the Constitution (ratified rebate any monies pre-paid by the political advertiser for that
in 1964) made poll taxes illegal. preempted announcement.
POPULAR VOTE: The result of the votes of all eligible
Stations should categorize their political advertising
voters combined. The winner of the popular vote usually wins
into types such as NON-PREEMPTIBLE (Highest
the election (but not always - sometimes the outcome of the
Priority), PREEMPTIBLE WITH NOTICE
vote of the Electoral College is different).
(Secondary Priority), PREEMPTIBLE (next to
PRECINCT: The smallest geographic area in US voting lowest priority) or RUN-OF-STATION (ROS)
subdivisions, in which local party officials are elected. A meaning it may be moved to any other open
precinct usually has from 200 to 1,000 voters in it. Each (unsold) availability on the same Broadcast Day
precinct has an elected precinct captain (the neighborhood (which is considered the lowest priority of the four
party leader). The purpose of a precinct is vote for a different types). Note that ROS (Run-of-Station is
candidate and to elect delegates who will go to the city or sometimes identified as BTA (Meaning best time
county convention, and relay the precinct's vote for that available after all other priorities are placed).
candidate.
PRESIDENTIAL CANDIDATE: In Presidential elections,
PRE-EMPTIBLE: A type of announcement defined by the there is a special rule on who is a Legally Qualified
FCC (Federal Communications Commission) that allows the Candidate (See also LEGALLY QUALIFIED CANDIDATE).
broadcast station to move or temporarily delete the Once a candidate is legally qualified in 10 states, the FCC
announcement from the Program Log and be replaced by considers the candidate to be qualified in all 50 states for the
any announcement with a higher priority. The Station is purpose of political broadcasting rules. For purposes of
obligated to re-schedule the announcement as soon as determining status as a legally qualified candidate in a
possible in the same Daypart or program, even if it involves particular state, FCC Rules provide that a substantial
moving it to another day or hour. If the Station cannot showing of a candidacy (e.g. an active campaign) may be
reschedule the preempted announcement in the same sufficient in and of itself to make a candidate legally qualified.
Daypart or Program, it must arrange to rebate any monies This is particularly important in Caucus States where
pre-paid by the political advertiser. unlike in most elections, there may be no formal filing of
papers to mark the legal beginning of a campaign.
Page 23
Republican Party was founded as an anti-slavery party in the

PRIMARY ELECTION: An election that chooses a political
mid-1800s. The first Republican US President was Abraham
party's candidate for office. The winning candidates from
Lincoln.
each party will later go up against each other in the general
election. RUN OF THE STATION (or R.O.S.): RUN-OF-STATION
(ROS) meaning it may be moved to any other open (unsold)
PROGRAM-LENGTH ADVERTISING: Even if your station
availability on the same Broadcast Day (which is considered
only sells spot advertising, such as :30 second or :60 second
the lowest priority and therefore the last type of
commercials, for a Federal Candidate youre obligated to sell
announcements to be placed on a Program Log. Note that
longer Program-Length Programs to Federal Candidates, if
ROS Defined by the FCC means anytime from sign-on to
they request it. This too is discussed in detail in the Political
sign-off (Run-of-Station is sometimes identified as BTA
Certification Course offered by TDGA to its members.
(Best Time Available) after all other priorities are placed.
PROTEST VOTE: A vote for a third party candidate (who is Ironically in Traffic parlance, BTA means the Best Times of
not likely to win) that is meant to show displeasure with the what remain unsold after nearly all other type of Orders are
mainstream candidates or parties. placed. It is a figurative description rather than a literal
interpretation.
REASONABLE ACCESS: This requires that a Broadcast
station sell reasonable amounts of time to Federal RUNOFF ELECTION: Runoff election as defined by the FEC
Candidates for elective office. But, it does not mean that a means the election which meets either of the following
federal candidate must be able to buy all the time that they conditions: (1) The election held after a primary election, and
want. Nor does this doctrine dictate that candidates get prescribed by applicable State law as the means for deciding
exactly the times they request. Instead it requires that a which candidate(s) should be certified as a nominee for the
reasonable access to classes of time or Dayparts be Federal office, or (2) The election held after a general
provided to Federal Candidates during the course of the election and prescribed by applicable State law as the means
election. Please note that the doctrine only applies to Federal for deciding which candidate should be certified as an
Candidates and not necessarily to candidates for State or officeholder elect. Runoff Elections trigger a 45-day period
local offices. Those distinctions will be discussed in detail prior to the runoff election date, known as a Political Window.
during the Political Certification Courses offered by TDGA to
its members. And, we should stress that reasonable SENATE: The Senate is part of Congress. Senators propose
access does not mean free access. It only applies to Paid and vote on legislation (laws). There are 100 members of the
political advertising. And because non-commercial stations Senate (two Senators for each state). Senators are elected
are prohibited from selling advertising (even political to a term of 6 years.
advertising) there is no such reasonable access provision
SOFT MONEY: Money that is given to a political party but is
applied to non-commercial broadcast stations (Radio or
not given specifically to support a particular candidate. This
Television).
money is supposed to be used for purposes such as voter
REDISTRICTING: A process in which the physical registration drives, administrative costs and general political
boundaries of a voting district are changed. party expenses, but is often used by the parties to help
particular candidates.
REFERENDUM: (Also called a BALLOT MEASURE,
INIATIVE, PROPOSITION or PUBLIC QUESTION) a ballot SPECIAL ELECTION: A Special election means an election
initiative is a proposed piece of legislation (a law) that people which is held to fill a vacancy in a Federal office. A special
can vote on. election may be a primary, general, or runoff election, and
therefore should trigger the use of Lowest Unit Rates for the
REPRESENTATIVE DEMOCRACY: A government in which 60-Day period preceding the Special Election Date.
the adult citizens of the country vote to elect the country's
leaders. These elected leaders make the governmental STRAW VOTE: An unofficial vote used to predict how an
decisions. election might turn out.
REPUBLICAN: A person who belongs to the Republican SUFFRAGE: The right or privilege of voting.
political party.
SUFFRAGETTE: A person who campaigned for the right of
REPUBLICAN PARTY: A major US political party also women to vote. The 19th amendment (ratified in 1920) to the
known as the G.O.P. (standing for the Grand Old Party). The US Constitution gave women the right to vote.
symbol of the Republican Party is the elephant. The
SUPER DELEGATE: A special delegate chosen by the party i.e. the appearance of a candidate in an attack ad by an
(not elected); their convention vote is not bound by the opponent in NOT a Use. Similarly the FCC has determined
popular vote or caucus votes. Super delegates are seated that the appearance of a candidate in a bone fide news or
because of their position in the party or government, or are interview program, in a news commentary, or during on-the-
chosen by their state party. Democrats have super spot coverage of a bone fide news event is NOT a Use.
delegates. These are referred to as Exempt Programs.
SUPER TUESDAY: A day on which many primaries are held. VOTE: A way to show your preference and choose elected
This term began in 1988, when many southern states leaders or decide on initiatives. People can vote by marking
decided to hold their primaries on the same day to try to a piece of paper, raising their hand, or filling out a form on a
boost their political importance (in relation to the importance computer.
of the New Hampshire primary and Iowa caucuses).
VOTING BOOTH: A small enclosure in which a person
SWING VOTERS: Voters who do not have allegiance to a votes.
particular political party.
VOTING MACHINE: Collectively, voting machines may
TEA BAG PARTY (TEA BAGGERS): The Tea Party include either a mechanical or electronic device used for
movement is an American political movement known for its voting. There are many different types of voting machines.
conservative positions and its role within the Republican
WRITE-IN CANDIDATE: For a Write-In Candidate to be
Party. Members of the movement have called for a reduction
considered a Legally Qualified Candidate for the purposes of
of the U.S. national debt and federal budget deficit by
the FCC political broadcasting rules, the candidate must
reducing government spending. In addition, they have also
have made a public statement that they are running for an
called for lowering taxes; opposes government-sponsored
office and engaged in in the type of activity normally
universal healthcare; and has been described as a mixture of
associated with an active political campaign, e.g. opening
libertarian, populist, and conservative activists. It has
campaign offices, providing campaign literature, giving
supported various political candidates since 2009.
speeches and otherwise actively campaigning for the office
TERM LIMITS: Limits on the length of time that a politician they are seeking. In a recent FCC Ruling they found a
can stay in office. For example, the President of the United purported write-in candidate for the U.S. Senate had not met
States is limited to two four-year terms of office. the threshold because they had limited their appearances to
one small corner of the state had made no efforts to seek
THIRD PARTY: Any political party other than the two major
votes outside of his home area.
parties (the two current major parties are the Democrats and
Republicans). Consequently, simply saying I am a write-in candidate will
not entitle an individual to all the benefits of a candidate
TOWN MEETING: A meeting of the voters of a town in order
under FCC Rules. If you are approached by a write-in
to discuss and sometimes decide upon issues.
candidate seeking to advertise on your station and it is not
TRADE (BARTER, CONTRA): Even though announcements clear they are a bona fide candidate, ask legal counsel for
in these categories carry a legitimate value, the Commission advice on how to proceed.
accepts that they often reflect values that do not relate to
ZAPPLE DOCTRINE: The Zapple Doctrine was an
actual retail values had they been used as a Cash Value.
outgrowth of the Fairness Doctrine, which the
Consequently, Spots for Trade (full trade of partial) are
Commission repealed in 1987. In 2014, the FCC staff
exempted from calculations in arriving at LIUR/LUC rates for
issued two separate opinions concluding that the Zapple
qualified candidates during Political Windows.
Doctrine has no current legal effect. It will not appear or
be referenced in the TDGA Political Certification
U.S. CONSTITUTION: The official document that is the basis
Examinations.
of government and law in the United States. It was written in
1787, and ratified in 1789. Many amendments have been The FCC has eliminated the Zapple Doctrine, eliminating the
added since then. final vestige of the Fairness Doctrine. The Zapple Doctrine
required that when a broadcaster provided time to a
USE: A Use is just what it sounds like when connected to a
spokesperson or supporter of one candidate to discuss the
political candidate (the appearance on a broadcast facility by
candidates or campaigns in a particular race, that the station
a candidate.) For FCC purposes, to be a use, the
provides comparable time to a spokesperson or supporter of
appearance must contain the image or recognizable voice of
the candidates opponent.
the candidate. Also the appearance must be a positive one,
Page 25
The Media Bureau held that it had no basis to enforce the abrogated the Fairness Doctrine in 2011 deleted rules
Zapple Doctrine, because this doctrine was based on an enforcing the doctrine as defunct, obsolete and without
interpretation of the Fairness Doctrine that was no longer in current effect. The Media Bureau concluded that the Zapple
effect. The Media Bureau pointed out that the FCC Doctrine similarly has no legal effect.

Page 27
Section C Federal Laws

Regulating Political
Advertising for Radio,
Television and the Internet
Relating To Traffic
Department Professionals
An Introduction to Section C
Section C of the Political Certification Course deals with understanding and the application of various, Rules, Regulation and
Techniques for their proper application as it pertains to the implementation of them for Traffic Professionals. While Radio, Television
or Digital/Internet Account Executives may find this interesting, it does not deal with the techniques of creative selling of political
advertising. It does, however, address the actual scheduling of the spots, programs, banners and/or display advertising on websites.
We will address the concepts of pricing (rates) to keep the station or medium in compliance with Rules &
Regulations and in compliance with certain terms and definitions the FCC or FEC mandates. By the time you are
ready to proceed with Schedule-C, it is presumed you will have already successfully mastered the terms and
definitions used in Political Broadcasting, which were covered in Schedule- B of this course.
Most of the basics of Political Traffic are similar or outright duplications as they apply to Radio and/or Television. Where there are
specific differences between Radio and Television, the TDGA Study Guide will endeavor to highlight those that apply to one and not
the otheror where they differ simply because of the addition of video to audio regulations. Obviously a photo or video appearance
showing an actual candidate would not apply to a radio (or audio) political commercial announcement.
Most of the Rules or Regulations are rather simple and straight-forward. What makes Traffic applications primarily are the result of
the selling techniques, nuances, modifications or creative concepts added to the Time Order or Scheduling Instructions that were
added by either the Station Account Executives, a Sales Rep under contract to the station or the consultants for the candidates to
take simple standards and slightly bend what would otherwise be a simple Order.
Examples of these creative concepts that totally change what would be standard scheduling occur when bonus spots, value-added
incentives or Dayparts are combined (or modified) or custom created. Earned rates are not applicable. Youll have to provide a
single unit of time for a qualified candidate based on the lowest rate pulled from a complex package. If there are bonus spots, your
Sales Manager must be able to assign an effective rate that assigns a rate other than $0.00. Thats very complex if the package that
triggered the bonus spots had several other ingredients and dayparts in the mix to justify including what appears to be a $0.00-
based announcement. That will be addressed in the section on Lowest Unit Rates.
Another fairly common minor variation occurs when Standard Dayparts are crossed, ands, ifs or buts are inserted, you have
created a brand new Daypart or range of hours that must be made available to other candidates running for the same office. Well
address solutions for that as well. Be prepared to have far more variations than Standard Dayparts because of a creative Sales
team.
Wait, theres more Only the FCC (for example) requires you have lowest unit rates in three categories (that may or may not
actually exist in a large percentage of Stations. It is rare, indeed, that all three of these types of buying criterion or criteria are used in
the day-to-day selling/buying process. But the FCC says you must be specific in affixing rates to types they insist are common.

Well just call them types rather than launch a secondary discussion on criteria (singular) or criterion (plural). Students: This course
shall call all four of them as simply types.
These are:
NON-PREEMPTIBLE (Highest Priority)
PREEMPTIBLE WITH NOTICE (Secondary Priority)
PREEMPTIBLE (next to lowest priority); or,
RUN-OF-STATION (ROS) meaning it may be moved to any other open (unsold) availability on the same Broadcast
Day (which is considered the lowest priority of the four different types). Note that ROS (Run-of-Station is sometimes
identified as BTA (Meaning best time available after all other priorities are placed).
Run-Of-Station is a common term, but most Radio Stations (using Radio only as an example) have ROS that includes Morning-
Midday and Afternoon Drive, while there are another ROS Type that includes Morning, Midday, Afternoon Drive and Evening
Dayparts). The definition used by the FCC for their ROS appears to be any avail over the entire Broadcast Day. Other Stations
would call BTA a type thats more closely akin to PREEMPTIBLE.
Television Stations use a different designation for their Daypart, but frequently use terms such as Daytime, or similar term combining
combined dayparts. However, The FCC continues to block the entire Broadcast Day into their interpretation of ROS or Run-of-
Station. So be aware, while you may have several time ranges you describe as RIS, The FCC dies not.
TDGA has research several Political Guides prepared for Broadcast Stations and all seem to focus on three or more Main Focus
Points, and then branch off into all the variations that exist primarily because Sales, Agencies or a combination of minds outside of
traffic creatively design slight variations on what might have otherwise been Standard instructions. After years of experimentation,
the most effective approach seems to something similar to a PowerPoint presentation with Three Main Bullets and a series of sub-
set bullets under each category as needed.
The more creative your Sales team, the more complex your sub-set bullets may become. The pathway to exactly match the selling
practices of your Station might be different for each individual station involved in our Political Certification Course. We will promise
that you might need to add several extra bread crumbs to leave a trail back home, but by the time you complete Schedule-B and
Schedule-C, you will be worthy to add the words Certified Political Traffic Expert to your resume.
Well also release sample forms to help you create ones that will meet the mandates for Recordkeeping and for insertion into your
Political File (part of your Public Information File.) Tools, Forms, Reference Guides, etc. will be included as Addendums, and will be
updated and released for insertion in your complete course as certain regulations are modified over the years.
The Certification Examinations will focus on Schedule-B and Schedule-C Only. All other materials will become valuable
references or samples from which you can create your own customized forms.
Note: If you are a member of NAB, they sell a political catechism (Currently Volume PB-18) and provide a CD containing widely
accepted forms to meet your Public File and Political File needs. TDGAs policy is not to endorse or recommend other products, but
these are widely used and available online at www.nabstore.com (In October, 2015, the price listed was $59.00) TDGA is not
affiliated with the NAB, nor are we permitted to imply an endorsement of this publication and/or CD.
You might like to take a brief break, at this point. On the next page, well begin our PowerPoint-type introduction to the Key Elements
essential for passing your Traffic Political Certification Course.
Page 29
During the 45 days prior to a primary and

the 60 days prior to a general election (the pre-election political window), all candidates to whom broadcast time is sold are entitled
to the lowest unit charge of the station for the class, amount of time, and time period they wish to purchase. Access to a broadcast
station, to the stations lowest unit charge, and to equal opportunities, extends only to legally-qualified candidates. The burden of
proving that a candidate is legally-qualified is on the candidate or the candidates representative. If a station questions the bona
fides of a candidate, the candidate must provide proof that he or she is qualified under that states law.
Candidates are entitled to the benefits of a package or volume discount without having to purchase the entire package
or buy in volume. Candidates can pick the spots within packages and receive the volume discount with the purchase of
only one spot.
To determine the lowest unit charge for each class of time offered, you should review every package, promotion, or
contract that will air during a pre-election window. Your review should include sales of unsold or remnant spot inventory
through the internet or other means, and whether at a set price or auction.
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. Stations 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. Stations 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.
The lowest amount shown in the contract for a type of spot will determine the lowest unit charge for that class of time. Be
sure to assign a value to every spot within a given contract at the time it is entered into, including bonus spots, or
otherwise zero-value bonus spots may cause your lowest unit charge for an entire class of spots to be valued at zero.
Note that even if none of the bonus spots airs during a pre-election window, the lowest unit charge is still
affected by the bonus spots if any portion of the contract airs during a pre-election window. In spite of popular
belief to the contrary, eliminating the Bonus section of a schedule during the political window, but still running the other
paid spots in that package does not relieve you of assigning the effective discount to the paid spots that are run.
Exceptions: Spots placed by third party committees not authorized by a candidate are not entitled to the
lowest unit charge even if the candidate appears in the spot. Also, spots sold to noncommercial advertisers
generally do not count in calculating the lowest unit charge, including NCSA/PEP spots from State Broadcaster
Associations or bonus spots provided to a nonprofit organization as part of a paid-for spot package.
even if the candidate appears in the spot. Also, spots sold to noncommercial advertisers generally do not count in
calculating the lowest unit charge, including bonus spots provided to a nonprofit organization as part of a paid-for spot package.
These requirements apply only to the use (which is a term-of-art defined below) of a station by a legally qualified candidate for
public office. A use is any positive appearance of a candidate airing for four seconds or more, whose voice or likeness is either
identified or is readily identifiable in the broadcast material.
Lowest unit charge and equal opportunities requirements apply to candidates for all public offices (federal and non-federal).
They do not apply to PACS (Political Action Committees)
They do not apply to a County or State Political Committees (unless they are designated by one or more candidates whose
voice and/or picture appear in the commercial and they specifically identify themselves and say they authorized this political
announcement. Such a statement makes them that candidates authorized election committee. Be wary of any candidate
saying they have more than one authorized committee.
They do not apply to issue advertising organizations whether a proponent or opponent for passage of the issue
They do not they apply to internet display advertising sold by a broadcast station

Stations streaming pure simulcast of a licensed over-the-air station cannot charge for this duplicated carriage
For federal candidates to be entitled to receive a stations

lowest unit charge, they must provide the station with a written certification that the advertisement or programming will not refer to an
opposing candidate unless the advertising or programming also includes a specific audio statement by the candidate personally
identifying himself and the office he is seeking, and stating that the candidate has approved the broadcast
A candidate for any public office buying time outside a pre-election window is entitled to comparable
rates on the station (i.e., what an ordinary commercial advertiser would pay for the same class, amount, and period of time).
The FEC prescribes a comparable rate requirement for print media. A question exists whether that requirement would be extended
to internet advertising. The FEC has not addressed this issue.
A candidate for any public office who buys time through an advertising agency may be charged a
rate that includes the agency commission, commonly known as Grossing Up (from the stations net rate. A candidate must be
allowed to buy time directly from a station and a candidate who does buy time directly may not be charged at the commissionable
rate.
Unlike an advertising agency commission, a station representatives commission is treated like
employee compensation and should not be deducted from a stations lowest unit charge. Although not formally ruled upon, fees
paid to data or demographic services, charges for programmatic buying/selling listing services, etc. are apparently interpreted as
inherent station expenses that are not deemed to be an agency commission and therefore should not be deducted from a stations
lowest unit charge.
Commercial time purchased by advertisers on the station as part of a network buy (wired or unwired) may
impact the networks own lowest unit charge but is not considered in calculating an individual stations lowest unit charge. The
station is still responsible, however, for compliance with any other political programming rules that might apply for these network
spots.
is uncertain whether purchases of commercial time by advertisers through sales programs
offered on the internet such as Bid4Spots fall under the prior FCC rulings regarding network buys and, therefore, would not be
considered in setting the lowest unit charge. Due to this uncertainty, in 2007 the state broadcasting associations sought a
declaratory ruling from the FCC. The request is pending at this writing, some 8 years later. With the increasing popularity of
Programmatic buying and selling, the current acceptable practice.is that where a Station accepts an order where they have
established an acceptable bottom rate for acceptance that may become the LUC for the Dayparts where the Order is accepted.
There has been no declaratory ruling by the FCC as of this writing to the contrary.
Stations need not take billboards, promotional incentives (e.g., coffee mugs), or program
sponsorships into account when calculating the lowest unit charge and need not make such incentives available to candidates if
they are de minimis or if they would reasonably imply a station endorsement of the candidate
Generally, rates charged by a time broker for programming formats that are different from what is offered by the station itself would
not affect an individual stations lowest unit charge. Once a broker sells time to candidates, however, the station is obligated to
provide equal opportunities (see below) to the candidates opponents. If a broker refuses to honor an opponents request for equal
opportunities, the station must satisfy the equal opportunities request, and must do so at the stations lowest unit charge. In any
event, the station may charge the candidate no more than the time broker charged the initial candidate. To avoid complications
and potential rebate issues, it would be best to discuss political advertising and lowest unit charge with a time broker in advance of
a campaign season. The station is also still responsible for compliance with any other political programming rules that might apply
for the spots sold by a broker.
A station may not treat candidates seeking credit any differently than it treats similarly situated commercial
advertisers. A station that requires cash in advance from a new commercial advertiser may require the same from a newly-formed
campaign committee. Conversely, if station extends credit to all commercial advertisers without evaluating an advertisers financial
situation, the station must do the same for candidates. Generally, stations may not require cash in advance from federal candidates
more than seven days before the first spot airs. Political advertising contracts for federal candidates that are not entered into for
Page 31
cash up-front may cause problems down the road. If the contract is not paid and the broadcaster ultimately writes off the debt, the
write-off could be construed as a campaign contribution that may violate FEC law.
- Stations do not have to allow candidates for political office to buy spots during the news. If a station does
not permit candidates to buy during the news, but the station does offer a news adjacency class of time, federal candidates must be
permitted access to news adjacencies. In that event, the lowest unit charge for a candidate who buys during the news adjacency
cannot be higher than what the lowest unit charge would be for a spot during the news.
The Communications Act requires licensees of commercial stations to provide federal candidates with reasonable
access to a broadcast station. , reasonable access, equal opportunities, and all the public file requirements for
keeping records of uses by a candidate, are triggered as soon as a candidate is legally qualified. Thus, Commercial
Radio or Television stations may not turn away candidates running for federal offices (President, Senate, House of
Representatives) and must provide them with some access in all dayparts.
Stations may decline to carry ads for local and state races (e.g., city council or county clerk) because candidates for those races
have no statutory right to reasonable access. Access for significant non-federal races (e.g., governor) should be considered under
the general public interest standard, however.
Commercial stations may not have blanket prohibitions

on the number of spots federal candidates may purchase or the time slots in which they may purchase time. Nevertheless, a
station does not need to provide the spot time a candidate requests or the exact schedule the candidate demands. The touchstone
is whether the station has provided the federal candidate reasonable access. Whether the station has provided reasonable access
will depend on all the facts and circumstances concerning the candidates request for access, the stations efforts to provide such
access, and the particular race in which the candidate is involved.
Although not required, if stations decide to carry ads for local and state races, they may limit the number of spots local and state
candidates may purchase, and may limit political advertising for local and state candidates to given day parts or rotations.
Broadcasters must balance the following factors against the request when
evaluating each request for time made by a federal candidate, including time of non-standard length:
1 How much time was previously sold to the candidate;
2 The potentially disruptive impact on the stations regular programming;
3 The likelihood of equal opportunity requests by opposing candidates; and
4 The timing of the request.
The second factor cannot dominate the analysis to the exclusion of the other factors. The FCC has said that broadcasters must
cite a realistic danger of substantial program disruption perhaps caused by insufficient notice to allow adjustments in the
schedule or of an excessive number of equal time requests. The FCC will generally defer to a licensees discretion, and will
overturn a decision only if the licensee has acted unreasonably pursuant to established station guidelines. In determining whether
a licensee has afforded reasonable access, the FCC will take into consideration the number of other candidates for the federal
office who might assert their right to equal opportunities and reasonable access.
To be entitled to reasonable access to a station, a candidate for nomination for President
must either make a substantial showing of candidacy or must be on the ballot in the state in which access to a station is sought.
Even if the candidate is not on the ballot in the state in which access is sought or has not made a substantial showing in the state,
the candidate is entitled to access if the candidate is either on the ballot in at least ten states (including DC), has made a
substantial showing of candidacy in ten states (including DC), or is on the ballot in a neighboring state that falls within the stations
principal service area (i.e., 1 mV/m contour for FM, 0.5 mV/m for AM).

Generally, whenever there is a candidate use (i.e., any positive appearance ) on a station, the appearance creates an equal
opportunity for the candidates opponent to use the station for the same amount of time to reach a similarly sized audience. This
is true regardless of whether the candidates appearance is made explicitly to advance his or her candidacy, and regardless of
whether the appearance is controlled, sponsored or approved by the candidate. For example, a candidates appearance as a host
or an anchor of a news program would be considered a use and any legally-qualified opponent of the candidate may assert an
equal opportunity right to appear on the station.
When to Assert Equal Opportunity? - Legally qualified opponents must assert their equal opportunities within seven days of
the use by the first candidate. As a result, it is critical that the station record any candidate use of the station by immediately
placing a notice in the stations political file. Beyond placing a record in the stations political file, however, the station has no
obligation to advise opposing candidates of their right to assert equal opportunities.
No Censorship - With very limited exceptions, the Communications Act prohibits a station from censoring any use of the
station by a legally qualified candidate. Accordingly a station may not alter or remove a candidate's spots even if the ad is possibly
defamatory or violates someone elses copyright. The station is, however, automatically protected from any liability associated
with the content of a candidate ad. The no-censorship provision applies only to ads purchased by candidates and their authorized
committees.
Exempt Appearances Bona fide newscasts, news interviews, news documentaries (where a candidates appearance is
incidental), and on-the-spot coverage of news events are exempt from the equal opportunities requirements. A candidates
appearance as a guest or as the subject of news coverage in these programs is not a use, and thus does not trigger equal
opportunity obligations.
No Discrimination Stations may not discriminate among opposing candidates at any time. Although candidates for the same
race must receive the same treatment, stations may treat different non-federal races differently, such as offering more time to the
mayors race, and no time to the school board race. Stations that sell internet advertising in combination with broadcasting
contracts should be prepared to offer internet advertising space to all candidates for a public office, if space is sold to one
candidate for that office.
Disclaimers and Recordkeeping Two other areas of detailed regulation by the FCC and the FEC affect political advertising
practices disclaimers and recordkeeping. Disclaimers are required for broadcast advertising and for internet advertising. Both
the FCC and the FEC require broadcasters to maintain specific records of political advertising. There are separate and specific
requirements for broadcast and for internet advertising. The FCCs rule flows from the sponsorship identification requirements of
the Communications Act of 1934, as amended, which is based on the principle that the listener is entitled to know the identity of
the person whose views are being expressed. For political advertising, additional disclaimer requirements were enacted as part of
the Bipartisan Campaign Reform Act of 2002 (BCRA).
Sponsor Identification - Complete sponsorship identification must be included in each advertisement a Station broadcasts.
Stations may insert the sponsorship ID into any advertisement that fails to include it even if the insertion causes the spot to be
modified. (This is an exception to the no-censorship provision discussed earlier.) If time prohibits pre-broadcast review, the
licensee may air the spot without the proper identification for that very first airing, so long as the sponsorship ID is added before
the next airing. The identification must appear at the beginning or end of any sponsored political program five minutes or
less, and both places if programming is longer.
Paid for By Friends of.... A sponsorship ID is insufficient unless it fully and fairly discloses the true identity of the person,
corporation, committee, association, or other unincorporated group that paid for the advertisement. Friends of could suggest a
loosely-knit group of people, not necessarily an organized entity. Such identification may not satisfy the rule, even if that is the
official registered name of the entity. In addition, the person or entity identified as the sponsor must be the one paying to buy the
time. Stations need not be private investigators, but where a strong circumstantial case is presented that someone other than the
named sponsor is the true sponsor an ad, the station should use reasonable diligence to confirm that the sponsor identified is
truly the entity that purchased the spot.
Sponsorship ID Requirements for Federal Candidates The BCRA requires radio spots by federal candidates that refer to
their opponent to include an audio statement by the candidate identifying him/her and the office sought, and stating that the
candidate approved the broadcast. A federal candidate is not entitled to the lowest unit charge, and could lose the entitlement to
the lowest unit charge for the remainder of the election, unless he or she both certifies compliance and actually complies with
these requirements. Important BCRA Amendment Note: (2002): If the announcement refers to an opposing candidate in
any manner, the sponsorship must also identify the office being sought.
Internet Advertising - The FECs federal campaign regulations extend to paid internet advertising. Political advertising on the
internet must be accompanied by a disclaimer similar to disclaimers required in print advertisements. The regulations affect
commercial website advertising sold by broadcasters, regardless whether it is sold in conjunction with the sale of broadcast time.
The regulations apply to all forms of website advertising, such as banner advertisements, streaming video, pop-up
advertisements, and directed search results. Please note this applies only to disclaimers (tags as theyre referred to in
broadcasting).
Internet Advertising Comparable Rates To All Other Advertisers First, some Good News: stations selling standalone ads,
not connected to an over-the-air buy do not come under the lowest-unit-rate requirements from the FCC (even Federal
candidates). So obviously, it appears to be very much to your advantage to not sell packages that combine over-the-air
and on-the website advertising for Politicians. Two separate Orders and Billed separately on different Invoices & Contracts
while adding to the paperwork might save you some unwanted and unnecessary rebates or refunds further down the road.
But, the Bad News, or a few caveats involving political advertising on an Internet Site operated by a licensed Radio or Television
Station. The FEC Rule 110.11 (g) Communications; advertising; disclaimers (2 U.S.C 441d). Implies you should be charging
comparable rates similar to those charged to other non-political advertisers. And should you offer free advertising space on your
website as part of an on-the-air package, you may have obligated yourself to do the same for all candidates seeking that office.
Be forewarned that Bonus (free) ads on the Web are interpreted as a campaign contribution in nearly all instances.
We dislike taking the time or space to reprint the very lengthy regulation in its entirety, but the pertinent section is section (g).
Thats worthy of inserting here:
11 CFR 110.11(g) Comparable rates for campaign purposes.
(1) No person who sells space in a newspaper or magazine to a candidate, an authorized committee of a
candidate, or an agent of the candidate, for use in connection with the candidates campaign for nomination or
for election, shall charge an amount for the space which exceeds the comparable rate for the space for non-
campaign purposes.
(2) For purposed of this section, comparable rate means the rate charged to a national or general rate
advertiser, and shall include discount privileges usually and normally available to a national or general rate
advertiser.
Internet Advertising Defined Public communications require a disclaimer under FEC regulations. A communication placed
on another persons website for a fee by an individual, political committee, labor organization, or corporation, is a public
communication, and therefore requires a disclaimer.
Requirements of Disclaimers
1. For Radio Audio or Television Video: If the communication is paid for and authorized by a candidate, or his/her
authorized committee or agent, it must clearly state that the communication was paid for by the authorized political
committee.
o Example: This communication was paid for by The Elect John Doe to Congress Committee.
2. For Radio Audio or Television Video: If the communication is authorized by the candidate, but is paid for by any
other person, the disclaimer must clearly state that the communication is paid for by such other person and is
authorized by the candidate
o Example: This communication was paid for by Citizens for Congressman Doaks, and is
authorized by The Elect John Doe to Congress Committee.
3. For Radio Audio or Television Video: If the communication is not authorized by the candidate, the disclaimer
must clearly state the full name and permanent street address, telephone number, or World Wide Web address of the
person who paid for the communication, and that the communication is not authorized by any candidate or candidates
committee.
o Example: This communication was paid for by John Doe, 1234 First Street, Anytown, Anystate,
876-555-1212 [www.johndoe.com], and is not authorized by any candidate or candidates
committee.
.
4. For Television Video: the sponsor must be identified with letters equal to or greater than four percent of the
vertical picture height and air for not less than four seconds. If a station is unable to add the required visual
identification without taking extraordinary measures, the station may add the audio identification only, but must
add the visual identification within one business day of the ads first airing. The identification must appear at
the beginning and end of any sponsored political program that is longer than five minutes.
Responsibility for Posting The responsibility for posting a disclaimer is on the person or entity purchasing the advertising. It is
not the responsibility of the website operator. Nevertheless, a familiarity with FEC requirements in this area and the ability to
evaluate whether internet advertising complies with them reduces the risk of involvement in a complaint or enforcement action
against the advertiser.
Commercial Radio and Television Political File (See Differing Non-Commercial Political File Regulations in Schedule-A, Not
included in the Certification Examination)
Each station must maintain a political file in its local public inspection file. The political file must contain all requests for time made
by or on behalf of a candidate for political office, together with a notation showing the licensees disposition of the request, the
rates quoted or charged (including gifts of time), the date and time on which the spots were aired, the class of time that was
purchased and any rebates. The political file must also contain all requests for time by a non-candidate to advertise any political
matter of national importance (e.g., ads related to a legally qualified candidate, an election to Federal office, or a national
legislative issue of public importance).
In addition to disposition of the request and details of the time sales order, the record must show the name of the candidate to
which the advertising refers, the office the candidate is seeking and the election or issue to which the ad refers. If the request is
from a candidate, the record must include the name of the candidates authorized political committee and the name of the
committees treasurer. If the request is from anyone else, the record must show the name of the person/sponsor making the
request, along with the name, address, and phone number of a sponsor contact person, and a list of the chief executive officers or
similar officials. Information should be placed in the file as soon as possible (i.e., immediately) after a request for political time.
Note: If you are a member of NAB, they sell a political catechism (Currently Volume PB-18) and provide a CD containing
widely accepted forms to meet your Public File and Political File needs. TDGAs policy is not to endorse or recommend
other products, but these are widely used and available online at www.nabstore.com (In October, 2015, the price listed
was $59.00) TDGA is not affiliated with the NAB, nor are we permitted to imply an endorsement of this
publication and/or CD.
Note: The FCC has a pending rulemaking to migrate radio station public files, including the political file, to the internet.
It is possible that a new online public file requirement may become effective at some point during the 2016 election
cycle. At present only Television is required to provide the online political file information.
Maintaining The Political File - Each station including Non-Commercial/Educational Radio & Television Licensees must
maintain a political file in its local public inspection file, and must be retained for two years. In Rule 73.1943 (below) and as
required by 73.3526(e)(6), 73.3527(e)(5)) This file must contain all requests for specific schedules of advertising time by
candidates and certain issue advertisers, as well as the final dispositions by the broadcaster and the advertiser in response to any
requests. It is not necessary to retain any of the materials relating to the negotiation between the parties to reach the disposition.
The disposition would be presumed to be a refusal to accept political advertising in any form. Although it is doubtful a request
would ever reach the discussion stage of rates- should that occur the rates quoted should be referenced. The political file must
also contain all requests for time by a non-candidate to advertise any political matter of national importance (e.g., ads related to a
legally qualified candidate, an election to Federal office, or a national legislative issue of public importance).
While Political Advertising on Public, Non-Commercial Broadcast Stations, either Radio and Television is
specifically prohibited, FCC Regulations to maintain a Political File as part of your Public Inspection File does
not waive the required inclusion and/or maintenance of this file for non-Commercial Stations. (This has been
slated for discussion by the Commission, but at time of our publication, it has not been acted upon) Therefore,
maintaining the Political File is required even for stations prohibited from broadcasting Political Commercials.
73.1943 Political file.
(a) Every licensee shall keep and permit public inspection of a complete and orderly record (political file) of all requests
for broadcast time made by or on behalf of a candidate for public office, together with an appropriate notation
showing the disposition made by the licensee of such requests, and the charges made, if any, if the request is
granted. The disposition includes the schedule of time purchased, when spots actually aired, the rates charged,
and the classes of time purchased.
(b) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed
in the political file.
(c) All records required by this paragraph shall be placed in the political file as soon as possible and shall be retained
for a period of two years. As soon as possible means immediately absent unusual circumstances.
(d) Location of the file. A television station must retain in its political file maintained at the station, at the location
specified in 73.3526(b) or 73.3527(b), all material required to be included in the political file and added to the file prior
to the effective date of this paragraph. These regulations are in effect for Television and may soon require Radio
stations to follow the same (or similar) procedures. The FCC cannot say with certainty whether these changes will
become effective during the 2016 Political Election period. Due to that uncertainty and imminent change potential,
questions on our Schedule-C examinations may be withheld pending FCC action.
SPECIAL NOTES FOR TELEVISION STATIONS ONLY; (Not currently applicable to Radio)
The Online Public File now applies to all Television stations is now a reality (and that includes the Political File for Non-
Commercial Television Stations). While appeals of the imposition of the rules remain pending, both the FCC and the US Court
of Appeals denied stays of the August 2, 2012 effective date for the new requirements, so full-power and Class A television
stations should now be complying with the new obligations to maintain their public files online. The Online Public File is hosted by
the FCC, and uses the FCCs newly created system for uploading, storing and accessing the documents. So far, the system
seems to be functioning with a minimum of problems, though one or two glitches have been reported.
Documents that stations file with the FCC are supposed to be uploaded to the Online Public File automatically by the FCC,
so individual stations do not need to worry about importing them into the new system. We have heard that this may not have
occurred in every instance, so stations should check their files to be sure that the proper uploading has in fact occurred. Other
documents will need to be uploaded by the stations themselves, and stations will also be responsible for maintaining and
monitoring the file, and deleting documents when their retention is no longer required.
What is Included in the Political File? - In the FCCs order adopting the obligation for the Online Public File, the FCC refers
to the political file only by reference to Section 73.1943 of the rules. That section of the rules deals only with the required
information about the sale of time to candidates themselves and the information that needs to be posted about such purchases.
Commonly, most stations talk about the political file more broadly, including information about third party purchases on Federal
issues (including Federal elections), which is covered in Section 315 of the Communications Act and not in the Commissions
rules. Some also look to Section 73.1212, where there are public file disclosure obligations for non-Federal issues of public
importance.
The FCC has been back and forth on this issue, but is seemingly now taking the position that all of this kind of documentation
about third-party purchases on political campaigns is part of the stations political file. But this advice has changed several times,
so stations need to consult with their own counsel about this ambiguity in the new rules.
Political files created before the Effective Date must be retained in the paper file for two years.
Do Stations Need to Keep Back-up Files of the Political File? - For the most part, stations do not need to be able to
recreate the public file documents uploaded to the new Online Public File, as the Commissions system has been designed to
provide redundancy to minimize downtime. The Exception is the Political File:political files (only) need to be available
immediately in the event of a failure of the Commissions system These political back-up documents do not need to be
maintained in a public file, but stations should keep them in some internal records in case they are needed. The FCC
has indicated that stations will be able to mirror the stations online public file onto a local station server each day, and in this
way maintain a daily backup of the stations political file. Stations should insure that they are taking steps to have this back-up
documentation of the political file available in case it is needed.
Do Stations Need to Remove Documents from the Online File? - While the FCC will automatically upload FCC
applications and other FCC filings to the Online Public file, the FCC will not automatically remove these FCC submissions from
the online file once the required retention period has passed. Stations need to do maintenance of the online public file on their
own, removing files that no longer need to be retained.
Do Stations Need to Publicize the Existence of the Online Public File? - A link to the stations Online Public File must
be placed on a stations website. The stations website also must list the name and contact information for a person at the station
who can assist the disabled with accessing the online public file. While the FCC will be responsible for any technology on the site
necessary for accessibility, the station must still be prepared to assist those that need help in accessing the site.
For Demonstration purposes only, here is an URL to show you what the FCC Website provides for the public to see for a
Commercial Television Station.
advertising is not entitled to the lowest unit charge. Issue spots must contain the proper
sponsorship identification, and a list of officers of the sponsor must be placed in the local public inspection file. Stations should
carefully review issue ads sponsored by an entity other than a candidates authorized committee. If such ads include a positive
appearance by a candidate (i.e., a use), they will trigger opposing candidates rights to equal opportunities, and must therefore
be noted in the stations political file. For additional recordkeeping rules for any political matter of national importance, see
Political File above.
- Unless a broadcaster determines that a candidate spot is indecent, the no-censorship provision of the
Communications Act prevents a station from channeling the spot to the indecency safe harbor. Of course, a broadcaster may
always channel or reject outright an issue ad. Broadcasters may also precede either a political spot or an issue ad with a neutrally
worded viewer advisory that the programs graphic content may be disturbing to children.
The FCC formerly had rules outlining broadcasters responsibilities

when broadcasting an editorial in support of or against a candidate for public office, or when an attack was made on a person or
groups honesty, character or integrity. The rules were struck down in 2000 by the U.S. Court of Appeals.
The biggest challenge to Sales Managers and

Traffic Professionals is determining how best to arrive at the Lowest Unit Rates using the tools at hand. Manually, it takes a pretty
tall pile of Broadcast Orders to work your way through; and while traffic software is really a modern day miracle of sorts, If only
there was one single button to push on your computer and watch it start printing out the lowest rates for each daypart, each
length, and each creative selling package the sales team has put together. But realistically- its unrealistic.
Unlike typical AUR Reports where you dont include zero value spots now you must printout every commercial spot to
determine the effective rate per spot for each daypart, each length, and each programs lowest rate. Yes, even the big order that
just happens to be loaded with bonus spots. Youre better off having the Sales Manager or the actual Salesperson explain how
they arrived at the combination of prices that led them to the final calculations. What were you thinking? type questions will lead
you nowhere. Your salesperson or your Sales Manager is permitted to come up with a reasonable explanation by coming up with
how much those Primetime spot were reduced to make the package enticing to the buyer. Sales Managers are permitted to justify
discounting across the entire package, but have them write it down so theres an actual rate assigned to the high-demand
inventory, a slightly lower mid-demand daypart and take the biggest bite on the inventory thats where you put the leftovers.
Caution, if the Bonus spots are specifically assigned to run in certain dayparts, you cant say they were overnight fillers. The Good
News is the notes your Sales folks make to assign specific rates to each line of the order can be your saving grace. The notes
can go in a private file (not the Political or Public Files). Those confidential notes only needs to be retrieved when youre called on
when someone questions what the rates were modified to reach the bottom line.
There are some extraordinary breaks if your station is loaded with Trades. NCSA or Pep Spots, Promos, Billboard Intros and
Outros dont count when determining your LUR/LUC rates. In fact running those National Guard spots for your State Broadcaster
Association are pure gold. And really, its rare indeed when Trade Deals get anywhere near the low end of the state rates on the
orders.
Now, heres what many try to use as a Panacea for escaping a really low unit rate brought on by having too many bonus spots.
Their magic bullet is to say well just stop running the bonus spot portions of the package during the Political Window (45 days
prior to a Caucus or Primary and 60-days before a General Election. No bonus spots were run in the Political Window, so we
dont have to calculate them into the mix for determining the LUR/LUC. Wrong! That deception is simply not permitted.
Even though youre not running the bonus part of the package during the political window, the rates were developed by applying
the bonus spots into the mix that gave you effective rates that could end up obligating the station to issue a refund. No politician
is going to want makegoods after the polls close. There are ways around it, of course. But once the order was written and
accepted, youd be hard pressed trying to explain changing the Order for a commercial client to help justify not providing your
actual LUR.LUC. The time to escape the impact of too many bonus spots is by not accepting them well before the political
windows were drawing near.
Stations must disclose material rates and terms of advertising to candidates. The
best way to ensure compliance with the requirement is to prepare a political disclosure statement. It should contain a description
of each class of time available to commercial advertisers, a description of the lowest unit charge and related privileges for each
such class of time, a description of the stations method of selling pre-emptible time based upon advertiser demand (i.e., selling
level), an approximation of the likelihood of preemption for each kind of pre-emptible time class, and an explanation of the
stations sales practices if based on audience delivery. The political disclosure statement must be provided upon a request on
behalf of a candidate for advertising availabilities for political advertising.
As observed by many contributors to this and other Political Advertising Guidebooks, Political advertising has become an
increasingly complex area of the law, especially in view of similar (but different) regulations by the FCC and the FEC, the BCRA
overhaul of campaign spending laws, the gloss placed on those laws by the courts, and the constant of technological change. The
laws and rules applicable to political advertising should be revisited and reviewed throughout the political season to ensure
ongoing compliance.
The Examination for Schedule-C is online, using space we lease from SurveyMonkey.com. It is always available for your access
by clicking on this URL.
SCHEDULE-C EXAMINATION (ONLINE)

Once you have completed the examination and clicked the button marked EXIT or DONE, our Proctors will immediately be
notified and one or more will begin the scoring process to determine if you have met our minimum passing grade of 90% correct.
QUESTIONS WITHOUT AN ANSWER WILL BE MARKED AS INCORRECT. So if you have skipped a question with the intent of
returning to that point to answer it, we urge you to browse through all questions to insure you have answered them.
Our unusually high score for passing is intentional. TDGA Certification which will follow the successful passing of Schedule-
B and Schedule-C will only be confirmed on those achieving a passing score of 90 or higher.
We reserve a Proctor Scoring Window of 48 hours from your completion until we notify you of the actual, Pass / Fail status. All
notifications will be by email from TDGA@cox.net and/or the office Larry Keene, our CEO.
Important: This Online Examination is constantly being reviewed by our team of TDGA Proctors to insure both the questions and
multiple choice answers are presented in a clear, understandable format.
When you have reviewed the Study Guide, youre welcome to undertake the first of the Two Examinations that will lead to adding
the title of Certified Political Traffic Professional to your credits and resume.
To Access the First of the two Exams, Please Click Here

https://www.surveymonkey.com/r/Schedule-B
To Access the Second of the two Exams, Please Click Here

https://www.surveymonkey.com/r/Schedule-C
Two Exams are required to achieve Certification, and both require a passing grade of 90% or higher. The Examination for
Schedule-B focuses on Political Terms & Definitions and contains about 30 Questions. The Examination for Schedule-C
addresses the FCC. FEC Rules, Regulations, Statues and Techniques. It is far more difficult and contains approximately 50
Questions. (The approximate time to complete Schedule-B is about 15 Minutes or less; Schedule-C requires much closer to a
Half-Hour to complete.
Take advantage of available time to review the two Study Guides. Schedule-B begins on Page 15, and Schedule-Cs
Study Guide begins on Page 27. You may take the tests separately if you prefer or as time permits.
Section D Pre-Election
Political Advertising
Compliance Checklist
Section D is a listing of tasks that should be undertaken
prior to a Primary, Caucus, General or Special Election. It is
designed to help insure your station and more specifically
your Traffic Department is or will be in compliance with FCC
Rules & Regulations.
your stations political file to be certain it contains all requests for both paid and
free political time and the disposition of each request. This should include the schedule of the time provided or purchased, the
dates and specific times the spots actually aired, the rates charged, the classes of time purchased, the length of each spot, and
documentation of any rebates provided, including the amount and date of the rebate.
Under the Bipartisan Campaign Reform Act of 2002, a record of requests for non-candidate-sponsored advertising on any political
matter of national importance must also be kept. The political file does not need to contain, and should not contain, any
information regarding the purchase of internet advertising. There is no need to make this information publicly available.
Make sure that the records in the file are maintained in an orderly manner so that they may be easily accessed. Purge the political
file of any records over two years old which are not the subject of a pending dispute. Instruct station personnel to permit access to
the political file upon request by candidates, their representatives and members of the public, and to place all records required to
be placed in the political file as soon as possible (i.e., immediately, absent special circumstances).
Requests and dispositions of requests for political time must be available for public inspection and copying during normal business
hours in accordance with the FCCs public file rules. This would likely change, of course, if the FCC does adopt a rule requiring
radio stations to maintain public files online.
- Make sure that your stations political rate

disclosure forms contain the following information:
o A description/definition of each class of time available to commercial advertisers sufficiently detailed to allow candidates to
identify and understand the specific attributes of each class of time.
o The lowest unit charge or comparable rate charged or estimated to be charged for each class of time. Comparable rates
are those normally available to commercial advertisers outside the 60-day (general election) and 45-day (pre-election) lowest
unit charge windows.
o A description of your stations method of selling pre-emptible time - e.g., grid, demand-driven current selling levels,
fluctuating levels, etc. (candidates must be able to purchase pre-emptible time at these demand-generated rates on the same
basis as commercial advertisers).
o Preemption likelihood - an approximation of the likelihood of preemption for each class of pre-emptible time.
o Sales practices that affect rates including audience delivery guarantee arrangements and preemption priorities.
o Make good policy (the FCC defines make goods for this purpose as spots which are rescheduled as a result of technical
difficulty or preemption).
o Discounts and value-added privileges, if any.
o Rotations (all rotations offered to commercial advertisers such as T-A-P Plans must be offered to federal candidates).
o Optional Information Any other information which might be of value to candidates
(e.g., the stations policy concerning the production of candidate spots or programs
acceptance of material which does not contain proper sponsorship identification

procedure for ordering spots
internet advertising rates, policies and procedures
- Prepare a memo evidencing your stations credit policy (such a

policy might state that credit will not be extended for the advertising of one-time events or to advertisers who contemplate
terminating operations within one year; keep in mind that a station cannot insist on payment more than seven days in advance
from federal candidates).
Review make good activity of your station during the preceding 12 months (a station must provide make goods to candidates
before the election if it has provided time-sensitive make goods to any commercial advertiser purchasing the same class of time
during the 12 months preceding the election).
Allocate rates in pre-existing packages (the rates of all spots in packages must be allocated for lowest unit charge purposes).
Such an allocation must be made on the contract, on the invoice or in a separate, contemporaneous document that is kept with
the contract but need not be made publicly available. The allocation must be made when the contract is entered.
- Stations do not have to allow candidates for political office to buy spots during the news. If a station does not
permit candidates to buy during the news, but the station does offer a news adjacency class of time, federal candidates must be
permitted access to news adjacencies. In that event, the lowest unit charge for a candidate who buys during the news adjacency
cannot be higher than what the lowest unit charge would be for a spot during the news.
- Access to a broadcast station, to the stations lowest unit charge, and to equal
opportunities, extends only to legally-qualified candidates. The burden of proving that a candidate is legally-qualified is on the
candidate or the candidates representative. If a station questions the bona fides of a candidate, the candidate must provide proof
that he or she is qualified under that states law.
- Reasonable access is a right enjoyed only by federal candidates. Because non-federal candidates
do not have a right of reasonable access to a station, broadcasters have much more latitude in setting political advertising policy
for such candidates than for federal candidates Broadcasters can limit the number of spots. They can decline altogether to offer
political advertising to races for selected non-federal offices, although as public trustees, Broadcasters should consider allowing
some access for major races such as governor or mayor.
Be sure your stations sales staff, especially those who will be handling political buys,
are familiar with the political broadcasting regulations and have copies of documents required to purchase time. These should
include The NAB Political Broadcast Agreement Forms (as of this writing, PB-18). Or their equivalent.
Obtain an up-to-date copy of your states election laws (such laws may have special provisions governing sponsorship
identification and campaign spending which will impact your operations). TDGA recommends contacting your State Broadcaster
Association for these or your own State Board of Elections. Review the stations rate listings that may have been published, to
make certain they are current. Establish a procedure for (a) the weekly review of logs and other records and (b) the provision of
rebates on a timely basis.
Purge political file (remove any records over two years old which are not the subject of a pending dispute)
[ ] Review station rate cards and current orders for consistency as to quoted advertising rates
[ ] Determine stations lowest unit charge during the applicable 45-day pre-primary period or the 60-day
Pre-election window, taking into account any normal seasonal rate adjustments that may occur
[ ] Prepare memo evidencing the stations credit policy (such a policy might state that credit will not
be extended for the advertising of one-time events or to advertisers who contemplate terminating
operations within one year)
[ ] Instruct National Rep on disclosure requirements (provide Rep with a copy of the stations Political
Disclosure Statement)
[ ] Review make good activity of the station during the preceding 12 months
[ ] Review weekend sales order activity of the station during the preceding 12 months
[ ] Establish weekly log review/rebate procedure
[ ] Allocate rates in pre-existing packages (the rates of all spots in packages must be allocated for lowest
unit charge purposes; the allocation must be made on the contract, on the invoice, or in a separate,
contemporaneous document that is kept with the contract)
This Political Record is required by the Bipartisan Campaign Reform Act of 2002 (BCRA) to be completed every time a request is
made to purchase political broadcast time that is:
(1) Made by or on behalf of a legally-qualified candidate for public office, or
(2) Communicates a message relating to any political matter of national importance, including references to a legally qualified
candidate, any election to federal office, or a national legislative issue of public importance.
Once completed, the Political Record must be placed in the stations political file and must be retained for two years. It seems the
NAB has the market cornered on providing forms to meet all of the required record-keeping, but lets give credit where credit is
due. They provide all the forms nicely packaged on a CD.
There are alternatives of course, and with the threat of extending the online filing to include not only Cable Television, but Radio
as well in the reasonably near future, you might decide buying the package from the NAB Store online will help make an onerous
task far less so by investing in the materials they provide.
TDGA has developed Word and PDF forms that fill the bill, using them as a stopgap because its literally only a matter of time
before the FCC extends the paperwork chores to the Radio Industry and chances are that will mean another investment to
acquire the new designs required to handle Radio & Cable.
Well do our best to provide our alternative forms downloadable as PDF Files on the Website, and were attaching one copy in
the Addendum of this political certification kit. The required form is actually so simple, anyone creative with excel or word or
adobe could put together one for your Salespeople to complete every time they have a conversation inquiring about spots for
either a candidate or a Public Question, Referendum or Issue.
By the way, The Political Record is not required for requests to purchase internet advertising.
Access a PDF Copy for in the Addendum Section, or via this URL Hyperlink to TDGAs Resource Library
Certification of Federal Candidate Responsibility for Advertising
The undersigned hereby certifies that the broadcast matter to be aired pursuant to the agreement to which this
certification is attached either (1) does not refer to an opposing candidate, or, if it does, (2) If for Radio advertising,
it contains a personal audio statement by the candidate that identifies the candidate, the office being sought, and
that the candidate has approved the broadcast, (3) of it Video/Television advertising, it contains a clearly
identifiable photograph or image of the candidate for a duration of at least 4 seconds, and a simultaneously
displayed printed statement identifying the candidate, that the candidate approved the broadcast, and that the
candidate or authorized committee paid for the broadcast.
This certification must be signed by the candidate or authorized signatory of the candidates authorized committee
or its agent. Without this certification, the candidate is not entitled to the stations lowest unit charge. The
certification is not required for non-federal candidates.
[ ] - BCRA Political Record

[ ] - Acknowledgment of political disclosure statement or confirmation that disclosure was provided**
[ ] - Initial order or inquiry
[ ] - Response to initial order or inquiry (contract, change order, etc.)
[ ] - Subsequent orders or inquiries and responses
[ ] Contracts*
[ ] - Actual scheduling information
[ ] - Invoices
[ ] - Rebate information
[ ] - For non-candidate advertisers information concerning sponsors (officers, directors, or
members of the executive committee)
[ ] - Description of any appearances on non-exempt programs (i.e., not bona fide news
programming)
[ ] - Description of any free time provided to candidates.
*Note: Class of time must be shown on orders, contracts, invoices, etc.
**Note: The FCC takes the position that you may not deny access to a federal candidate if
he or she refuses to provide an acknowledgement or confirmation.
[ ] - BCRA Political Record

[ ] - Initial order or inquiry
[ ] - Response to initial order or inquiry (contract, change order, etc.)
[ ] - Final orders or inquiries and responses*
[ ] Contracts*
[ ] - Actual scheduling information
[ ] Invoices*
[ ] - Rebate information
[ ] - Information concerning sponsors (officers, directors, members of the executive committee)
*Note: Class of time must be shown on orders, contracts, invoices, etc.

the RAB (Radio Advertising

Bureau Garvey, Schubert Baerer in Washington DC
Law Office of John Wells King
The following practices apply to purchases of advertising time on radio stations for any use by legally-qualified candidates for
public office (i.e., any positive appearance of a candidate airing for four seconds or more, whose voice is either identified
or is readily identifiable; or a video image and voice is either identified or readily identifiable for 4 seconds or more
more). In order to qualify for this treatment, candidates or their representatives may be asked to demonstrate that they are
legally-qualified. This Disclosure Statement is provided for general information as required by the rules and regulations of the
Federal Communications Commission (FCC), and is not intended to be a part of any advertising sales contract, which is
governed by applicable law and its own terms. Practices described herein are subject to change at the Stations discretion, to the
extent permitted by law.
Legally qualified federal candidates are entitled to purchase time on the Station during their election campaigns. The Station will
consider all requests for such time and will make reasonable accommodations to meet such requests. Although a federal
candidate has the right to reasonable access to the facilities of the Station for the airing of political advertisements, the Station
generally retains the right to limit the amount of time sold to a candidate and has ultimate discretion with respect to the specific
placement of political advertisements. The Station will grant access to specified state and local candidates based, in the
Stations sole discretion, on the public interest in the election and inventory [modify as appropriate for your station]. For a
determination as to whether the Station will make time available for sale for certain local or state races, see Station Contact
below.
During the 45 days preceding a primary election and the 60 days before a general election, the Station charges candidates in the
respective elections the lowest unit charge for an advertisement (if the advertisement constitutes a use of the Stations
facilities, as defined by the FCC). During any time outside of the 45-day and 60-day periods, the charges for candidate-purchased
advertisements constituting a use are set so as to be no higher than those normally charged other advertisers for comparable
use of the Stations facilities. Any political advertisement that is not a use, including any advertisement purchased by a non-
candidate or any advertisement dealing with non-candidate ballot issues, is sold at prevailing commercial rates. If a political
advertisement constitutes a use, the Station will provide opposing candidates with equal opportunities, as established by
federal law, to use the facilities of the Station. No federal candidate will be entitled to receive the Stations lowest unit charge
unless the candidate provides the Station with a certification that the candidate will not make any direct reference to another
candidate for the same office in any broadcast unless the broadcast complies with 315(b)(2)(C) for Television or
315(b)(2)(D) for Radio and of the Communications Act, as amended by the Bipartisan Campaign Reform Act of 2002.
(C) Television broadcasts - A candidate meets the requirements of this subparagraph if, in the case of a television
broadcast, at the end of such broadcast there appears simultaneously, for a period no less than 4 seconds
o (i) a clearly identifiable photographic or similar image of the candidate; and
o (ii) a clearly readable printed statement, identifying the candidate and stating that the candidate has approved
the broadcast and that the candidates authorized committee paid for the broadcast.
o (D) Radio broadcasts - A candidate meets the requirements of this subparagraph if, in the case of a radio
broadcast, the broadcast includes a personal audio statement by the candidate that identifies the candidate, the
office the candidate is seeking, and indicates that the candidate has approved the broadcast.
The terms and conditions applicable to political advertising on the Station are as follows:
1. --Rates. The Station sells 30-second spots from 6 AM to Midnight as reflected on the attached rate card
[Modify as appropriate for your station]. Most rates for both commercial and political advertising time sold on the Station are
arrived at on an individually negotiated basis. Negotiated buys may, for example, include spots in a number of different rotations
or dayparts and combinations of different classes of spots. Rates for most classes of time vary on a [daily/weekly] basis, based on
supply and demand. The classes of advertising time offered to commercial advertisers are: (Note below this station offers only
three classes of time. You may want to expand this to be more specific and include certain programs by name, Dayparts
or sub-classes of ROS Spots.)
1. Immediately Pre-emptible Spots Aired During Specific Rotations [for any pre-emptible class of spot, provide
percentage estimate of chance of clearing]
2. Fixed-Position Spots
3. ROS (Run-of-Schedule Spots
2. --Sponsorship Identification. All ads must comply with the sponsorship identification requirements of 317 of the
Communications Act and 73.1212 of the FECs rules. The Station reserves the right to insert such sponsorship identification into
any advertisement that fails to include the requisite identification even if the insertion of the identification causes a portion of the
advertisement to be deleted. For a federal candidate to receive the lowest unit charge for the class of time purchased, all ads that
refer to opposing candidates must contain a statement that is read by the candidate which identifies the candidate and office the
candidate is seeking, and states that the candidate approved the broadcast,
3.--Credit. Cash at least three businesses days in advance is required unless the order is being placed by an agent or other entity
with a proven credit history with the Station [Station must have same policy for non-political advertisers]. This agent or entity must
accept full responsibility for all air time and production charges.
4.--Political Agreement. A completed Agreement Form for Political Broadcasts (PB-18) must accompany any time order.
5. --Proof of Candidacy. The Station, at its option, may require the candidate to produce proof that he/she is a legally-qualified
candidate.
6. --Notice and Weekend Access. Orders must be placed at least three business days in advance of start. Copy changes or
cancellations require one business days notice. Tapes and written instructions must be delivered to the Station in advance of the
scheduled air date. Deadlines for contract changes and commercial materials are: [modify as appropriate]
4pm Thursday for Mondays Log (Modify to Your Log Deadline Criteria)
4pm Friday for Tuesdays Log
4pm Monday for Wednesdays Log
4pm Tuesday for Thursdays Log
2pm Wednesday for Fridays Log
7. --Production Facilities. The Stations production facilities will be available to produce commercials for political advertisers on
the same terms as provided to commercial advertisers. On-air personalities may not voice political spots
8.--Schedules. Although the rates charged by the Station are based upon the use of 30-second spots, the Station will also try to
accommodate requests for advertisements of non-standard lengths for federal candidates.
9.-Make Good Policy. In the event of a missed spot, the Station will make good in the same daypart within 3 days. If time
prohibits making the spot good (e.g., missed on last day before election) the Station will refund the cost of the missed spot to the
purchasing entity within 10 working days
.
10.--Election Day Orders. Political advertising will be accepted for broadcast on election day, depending on available inventory.
11.--Rebates. If a new lowest unit charge is established after a political advertisers purchase has been made or run, the Station
will rebate the overcharge to the political advertiser within 10 working days or will credit the overcharge to the candidates future
time purchases, as the candidate directs.
12.--Local Public Inspection File (Political File). The rules and regulations of the FCC require that each station maintain and
permit public inspection of a complete record of all requests for broadcast time made by or on behalf of a candidate for public
office, together with an appropriate notation showing the disposition made by the licensee of the requests, including whether such
requests were granted and the amount charged. The disposition also includes the schedule of time purchased when the spots
aired, the rates charged, and the classes of time purchased. Whenever free time is provided to a candidate, a record of the free
time provided is placed in the local public inspection file. This information is retained in the Stations local public inspection file for
two years. The local public inspection file for the Station is maintained at the Stations studios at [insert Station studio address]
and may soon be available online if the FCC adopts such requirements. (For Television, modify this wording to reflect
online showing.) Any member of the public, including opposing candidates, is entitled to inspect the materials placed in these
files during regular business hours. No telephone, facsimile or mail request for local public inspection file information will be
accepted.
13,--Station Contact. Any of the Stations personnel will take questions and messages from candidates and their representatives,
but, in order to provide maximum service to candidates and their representatives, the Station seeks to provide sales services
through one and only one sales person at the Station. At the Station, actual time buys and responses to questions will be handled
by [name of contact persons] who can be reached at [telephone].
14.--Newscasts/ News Adjacencies. The Station permits political advertising within, and adjacent to, all the Station News
programming [modify as appropriate for your station].
Remember, the above is a sample, and you may include any additional specifics you feel properly present your own
stations rules, regulations of policies.
Schedule J Rules,
Regulations and Statutes
Relating To Candidate
Appearances & Advertising
FCC Rules & Regulations: Here are quick Links to the most frequently referenced Political
Advertising Resources
Frequently, Traffic Professionals, Prospective Political Advertisers or Sales Personnel request very specific access to FCC, FEC
or other Rules & Regulations. TDGA provides these hyperlinked URLs primarily for just situations or where you are seeking very
specific text. We have selected the most frequently requested sections of Rules & Regs. as they apply to providing you additional
circumstances. These items are not included, per se, in our Political Certification Course or Examinations, but rather as a
grouping of reference sources, if or when needed in the general course of political advertising questions. If you want to read the
full versions from the FCC Website, feel free to use the Hyperlinked Headings Below. However, TDGA has also supplied all the
key text in this expanded Study Guide beginning on the next page.
FCC Communications Act of 1934, as amended
47 U.S.C 312 - Administrative sanctions
47 U.S.C 315 - Facilities for candidates for public office
47 U.S.C 317 - Announcement with respect to certain matter broadcast
47 U.S.C 399 - Support of political candidates prohibited [non-commercial broadcast stations]
47 U.S.C 399B - Offering of certain services, facilities, or products by public broadcasting stations
[political advertising on non-commercial broadcast stations]
Federal Communications Commission Rules (47 CFR ) For Broadcast Stations
47 CFR 73.1212 Sponsorship identification
47 CFR 73.1940 Legally qualified candidates for public office
47 CFR 73.1941 Equal opportunities
47 CFR 73.1942 Candidate rates
47 CFR 73.1943 Political file
47 CFR 73.1944 Reasonable access
Federal Election Campaign Act, as amended (52 U.S.C. )
52 U.S.C 30101 Definitions (formerly 2 U.S.C. 431)
52 U.S.C. 30120 Publication and Distribution of Statements and Solicitations
Federal Election Commission Rules (11 CFR )
11 CFR 100.26 Public Communication
11 CFR 110.11 Communications; advertising; disclaimers
Federal Communication Rules (47 CFR ) For Cable Systems
47 CFR 76.5(p) Definition of origination cablecasting
47 CFR 76.205 Origination cablecasts by legally qualified candidates for public office; equal opportunities
47 CFR 76.206 Candidate rates
47 CFR 76.1611 Political cable rates and classes of time

47 CFR 76.1701 Political file
Federal Communication Rules (47 CFR ) For Direct Broadcast Satellite
47 CFR 25.701 (portions) Public interest obligations
Relevant TEXT Sections of the Communications Act of 1934

Section 312 [47 U.S.C. 312] Administrative sanctions.
(a) The Commission may revoke any station license or construction permit
(7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of
time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a
legally qualified candidate for Federal elective office on behalf of his candidacy.
(f) For purposes of this section:
(1) The term willful, when used with reference to the commission or omission of any act, means the
conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
of this Act or any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United
States.
(2) The term repeated, when used with reference to the commission or omission of any act, means the
commission or omission of such act more than once or, if such commission or omission is continuous, for more
than one day.
Section 315 [47 U.S.C. 315] Facilities for candidates for public office.
(a) If any licensee shall permit any person who is a legally qualified candidate for any public office to use a
broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such
broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under
the provision of this section. No obligation is hereby imposed under this subsection upon any licensee to allow the use
of its station 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 broadcasting station within the meaning of this
subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with
the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news
events, from the obligation imposed upon them under this Act to operate in the public interest and to afford
reasonable opportunity for the discussion of conflicting views of issues of public importance.
(b) CHARGES
(1) IN GENERAL. The charges made for the use of any broadcasting station by any person who is a legally
qualified candidate for any public office in connection with his campaign for nomination for election, or election,
to such office shall not exceed
(A) subject to paragraph (2), during the forty-five days preceding the date of a primary
or primary runoff election and during the sixty days preceding the date of a
general or special election in which such person is a candidate, the lowest unit
charge of the station for the same class and amount of time for the same period;
and
(B) At any other time, the charges made for comparable use of such station by other users thereof.
(2) CONTENT OF BROADCASTS
(A) IN GENERAL. In the case of a candidate for Federal office, such candidate shall not be entitled
to receive the rate under paragraph (1)(A) for the use of any broadcasting station unless the
candidate provides written certification to the broadcast station that the candidate (and any
authorized committee of the candidate) shall not make any direct reference to another candidate
for the same office, in any broadcast using the rights and conditions of access under this Act,
unless such reference meets the requirements of subparagraphs (C) or (D).
(B) LIMITATIONS ON CHARGES. If a candidate for Federal office (or any authorized committee of
such candidate) makes a reference described in subparagraph (A) in any broadcast that does not
meet the requirements of subparagraph (C) or (D), such candidate shall not be entitled to receive
the rate under paragraph (1)(A) for such broadcast or any other broadcast during any portion of
the 45-day and 60-day periods described in paragraph (1)(A), that occur on or after the date of
such broadcast, for election to such office.
(C) TELEVISION BROADCASTS. A candidate meets the requirements of this subparagraph if, in
the case of a television broadcast, at the end of such broadcast there appears simultaneously, for a
period no less than 4 seconds
(i) A clearly identifiable photographic or similar image of the candidate; and
(ii) A clearly readable printed statement, identifying the candidate and stating that the
candidate has approved the broadcast and that the candidates authorized committee paid for
the broadcast.
(C) RADIO BROADCASTS. A candidate meets the requirements of this subparagraph if, in the case
of a radio broadcast, the broadcast includes a personal audio statement by the candidate that
identifies the candidate, the office the candidate is seeking, and indicates that the candidate has
approved the broadcast
.
(D) CERTIFICATION. Certifications under this section shall be provided and certified as accurate by
the candidate (or any authorized committee of the candidate) at the time of purchase.
(E) DEFINITIONS. For purposes of this paragraph, the terms authorized committee and Federal
office have the meanings given such terms by section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431).
(c) DEFINITIONS. For purposes of this section
(1) The term broadcasting station includes a community antenna television system; and
(2) The term licensee and station licensee when used with respect to a community antenna television
system mean the operator of such system.
(d) RULES AND REGULATIONS. The Commission shall prescribe appropriate rules and regulations to carry out the
provisions of this section.
(e) POLITICAL RECORD.
(1) IN GENERAL. A licensee shall maintain, and make available for public inspection, a complete record of
a request to purchase broadcast time that
(A) Is made by or on behalf of a legally qualified candidate for public office; or
(B) Communicates a message relating to any political matter of national importance, including
(i) A legally qualified candidate;
(ii) Any election to Federal office; or
(iii) A national legislative issue of public importance.
(2) CONTENTS OF RECORD. A record maintained under paragraph (1) shall contain information
regarding
(A) Whether the request to purchase broadcast time is accepted or rejected by the licensee;
(B) The rate charged for the broadcast time;
(C) The date and time on which the communication is aired;
(D) The class of time that is purchased;
(E) the name of the candidate to which the communication refers and the office to which the
candidate is seeking election, the election to which the communication refers, or the issue to which the
communication refers (as applicable);
(F) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the
authorized committee of the candidate, and the treasurer of such committee; and
(G) In the case of any other request, the name of the person purchasing the time, the name,
address, and phone number of a contact person for such person, and a list of the chief executive
officers or members of the executive committee or of the board of directors of such person.
(3) TIME TO MAINTAIN FILE. The information required under this subsection shall be placed in a political
file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.
Section 317 [47 U.S.C. 317] Announcement with respect to certain matter broadcast.
(a)
(1) All matter broadcast by any radio station for which any money, service, or other valuable consideration is
directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any
person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be,
by such person: Provided, That service or other valuable consideration shall not include any service or
property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it
is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or
brand name beyond an identification which is reasonably related to the use of such service or property on the
broadcast.
(2) Nothing in this section shall preclude the Commission from requiring that an appropriate announcement
shall be made at the time of the broadcast in the case of any political program or any program involving the
discussion of any controversial issue for which any films, records, transcriptions, talent, scripts, or other material
or service of any kind have been furnished, without charge or at a nominal charge, directly or indirectly, as an
inducement to the broadcast of such program.
Section 335 [47 U.S.C. 335] Direct Broadcast Satellite service obligations.
PROCEEDING REQUIRED TO REVIEW DBS RESPONSIBILITIES. The Commission shall, within 180 days after the date of
enactment of this section, initiate a rulemaking proceeding to impose, on providers of direct broadcast satellite service, public
interest or other requirements for providing video programming. Any regulations prescribed pursuant to such rulemaking shall, at
a minimum, apply the access to broadcast time requirement of section 312(a)(7) and the use of facilities requirements of section
315 to providers of direct broadcast satellite service providing video programming. Such proceeding also shall examine the
opportunities that the establishment of direct broadcast satellite service provides for the principle of localism under this Act, and
the methods by which such principle may be served through technological and other developments in, or regulation of, such
service.
Section 399 [47 U.S.C. 399] Support of political candidates prohibited.
No noncommercial educational broadcasting station may support or oppose any candidate for public office.
Section 399B [47 U.S.C. 399B] Offering of certain services, facilities, or products by public broadcasting stations.
For purposes of this section, the term advertisement means any message or other programming material which is broadcast or
otherwise transmitted in exchange for any remuneration, and which is intended
(1) To promote any service, facility, or product offered by any person who is engaged in such offering for profit;
(2) To express the views of any person with respect to any matter of public importance or interest; or
(3) To support or oppose any candidate for political office.
(b)
(1) Except as provided in paragraph (2), each public broadcast station shall be authorized to engage
in the offering of services, facilities, or products in exchange for remuneration.
(2) No public broadcast station may make its facilities available to any person for the broadcast of
any advertisement.
Relevant Sections of the FCCs Rules Dealing with Broadcast Stations

Section 73.1212 [47 CFR 73.1212] Sponsorship identification; list retention; related requirements.
(a) When a broadcast station transmits any matter for which money, service, or other valuable consideration is either
directly or indirectly paid or promised to, or charged or accepted by such station, the station, at the time of the
broadcast, shall announce:
(1) That such matter is sponsored, paid for, or furnished, either in whole or in part, and
(2) By whom or on whose behalf such consideration was supplied: Provided, however, That "service or other
valuable consideration" shall not include any service or property furnished either without or at a nominal
charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an
identification of any person, product, service, trademark, or brand name beyond an identification
reasonably related to the use of such service or property on the broadcast.
(i) For the purposes of this section, the term "sponsored" shall be deemed to have the same meaning
as "paid for."
(ii) In the case of any television political advertisement concerning candidates for public office, the
sponsor shall be identified with letters equal to or greater than four percent of the vertical picture height
that air for not less than four seconds.
(b) The licensee of each broadcast station shall exercise reasonable diligence to obtain from its employees, and from
other persons with whom it deals directly in connection with any matter for broadcast, information to enable such
licensee to make the announcement required by this section.
(c) In any case where a report has been made to a broadcast station as required by section 507 of the
Communications Act of 1934, as amended, of circumstances which would have required an announcement under
this section had the consideration been received by such broadcast station, an appropriate announcement shall be
made by such station.
(d) In the case of any political broadcast matter or any broadcast matter involving the discussion of a controversial issue
of public importance for which any film, record, transcription, talent, script, or other material or service of any kind is
furnished, either directly or indirectly, to a station as an inducement for broadcasting such matter, an announcement
shall be made both at the beginning and conclusion of such broadcast on which such material or service is used that
such film, record, transcription, talent, script, or other material or service has been furnished to such station in connection
with the transmission of such broadcast matter: Provided, however, That in the case of any broadcast of 5 minutes'
duration or less, only one such announcement need be made either at the beginning or conclusion of the broadcast.
(e) The announcement required by this section shall, in addition to stating the fact that the broadcast matter
was sponsored, paid for or furnished, fully and fairly disclose the true identity of the person or persons, or
corporation, committee, association or other unincorporated group, or other entity by whom or on whose behalf
such payment is made or promised, or from whom or on whose behalf such services or other valuable
consideration is received, or by whom the material or services referred to in paragraph (d) of this section are
furnished. Where an agent or other person or entity contracts or otherwise makes arrangements with a station
on behalf of another, and such fact is known or by the exercise of reasonable diligence, as specified in
paragraph (b) of this section, could be known to the station, the announcement shall disclose the identity of the
person or persons or entity on whose behalf such agent is acting instead of the name of such agent. Where the
material broadcast is political matter or matter involving the discussion of a controversial issue of public
importance and a corporation, committee, association or other unincorporated group, or other entity is paying
for or furnishing the broadcast matter, the station shall, in addition to making the announcement required by this
section, require that a list of the chief executive officers or members of the executive committee or of the board
of directors of the corporation, committee, association or other unincorporated group, or other entity shall be
made available for public inspection at the location specified by the licensee under 73.3526 of this chapter. If
the broadcast is originated by a network, the list may, instead, be retained at the headquarters office of the
network or at the location where the originating station maintains its public inspection file under 73.3526 of
this chapter. Such lists shall be kept and made available for a period of two years.
(f) In the case of broadcast matter advertising commercial products or services, an announcement stating the
sponsor's corporate or trade name, or the name of the sponsor's product, when it is clear that the mention of the
name of the product constitutes a sponsorship identification, shall be deemed sufficient for the purpose of this
section and only one such announcement need be made at any time during the course of the broadcast.
(g) The announcement otherwise required by section 317 of the Communications Act of 1934, as amended, is
waived with respect to the broadcast of "want ad" or classified advertisements sponsored by an individual. The
waiver granted in this paragraph shall not extend to a classified advertisement or want ad sponsorship by any
form of business enterprise, corporate or otherwise. Whenever sponsorship announcements are omitted
pursuant to this paragraph, the licensee shall observe the following conditions:
(1) Maintain a list showing the name, address, and (where available) the telephone number of each
advertiser;
(2) Make this list available to members of the public who have a legitimate interest in obtaining the
information contained in the list. Such list must be retained for a period of two years after broadcast.
(h) Any announcement required by section 317(b) of the Communications Act of 1934, as amended, is waived
with respect to feature motion picture film produced initially and primarily for theatre exhibition.
Note: The waiver heretofore granted by the Commission in its Report and Order adopted November 16, 1960
(FCC 60-1369; 40 F.C.C. 95), continues to apply to programs filmed or recorded on or before June 20, 1963,
when 73.654, the predecessor television rule, went into effect.
(i) Commission interpretations in connection with the provisions of the sponsorship identification rules are
contained in the Commissions Public Notice, entitled Applicability of Sponsorship Identification Rules, dated
May 6, 1963 (40 F.C.C. 141), as modified by Public Notice, dated April 21, 1975 (FCC 75-418). Further
interpretations are printed in full in various volumes of the Federal Communications Commission Reports.
Section 73.1940 [47 CFR 73.1940] Legally qualified candidates for public office.
(a) A legally qualified candidate for public office is any person who:
(1) Has publicly announced his or her intention to run for nomination or office;
(2) Is qualified under the applicable local, State or Federal law to hold the office for which he or she is a
candidate; and
(3) Has met the qualifications set forth in either paragraph (b), (c), (d), or (e) of this section.
(b) A person seeking election to any public office including that of President or Vice President of the United States, or
nomination for any public office except that of President or Vice President, by means of a primary, general or special
election, shall be considered a legally qualified candidate if, in addition to meeting the criteria set forth in paragraph (a) of
this section, that person:
(1) Has qualified for a place on the ballot; or
(2) Has publicly committed himself or herself to seeking election by the write-in method and
is eligible under applicable law to be voted for by sticker, by writing in his or her name on the
ballot or by other method, and makes a substantial showing that he or she is a bona fide
candidate for nomination or office.
(c) A person seeking election to the office of President or Vice President of the United States shall, for the purposes of
the Communications Act and the rules in 47 CFR chapter I, be considered legally qualified candidates only in those
States or territories (or the District of Columbia) in which they have met the requirements set forth in paragraphs (a) and
(b) of this section: Except, that any such person who has met the requirements set forth in paragraphs (a) and (b) of this
section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for
election in all States, territories, and the District of Columbia for the purposes of this Act.
(d) A person seeking nomination to any public office, except that of President or Vice President of the United States, by
means of a convention, caucus or similar procedure, shall be considered a legally qualified candidate if, in addition to
meeting the requirements set forth in paragraph (a) of this section, that person makes a substantial showing that he or
she is a bona fide candidate for such nomination: Except, that no person shall be considered a legally qualified
candidate for nomination by the means set forth in this paragraph prior to 90 days before the beginning of the
convention, caucus or similar procedure in which he or she seeks nomination.
(e) A person seeking nomination for the office of President or Vice President of the United States shall, for the purposes
of the Communications Act and the rules thereunder, be considered a legally qualified candidate only in those States or
territories (or the District of Columbia) in which, in addition to meeting the requirements set forth in paragraph (a) of this
section:
(1) He or she, or proposed delegates on his or her behalf, have qualified for the primary or Presidential
preference ballot in that State, territory or the District of Columbia; or
(2) He or she has made a substantial showing of a bona fide candidacy for such nomination in that State,
territory or the District of Columbia; except, that any such person meeting the requirements set forth in
paragraphs (a) (1) and (2) of this section in at least 10 States (or 9 and the District of Columbia) shall be
considered a legally qualified candidate for nomination in all States, territories and the District of Columbia for
purposes of this Act.
(f) The term "substantial showing" of a bona fide candidacy as used in paragraphs (b), (d) and (e) of this section means
evidence that the person claiming to be a candidate has engaged to a substantial degree in activities commonly
associated with political campaigning. Such activities normally would include making campaign speeches, distributing
campaign literature, issuing press releases, maintaining a campaign committee, and establishing campaign
headquarters (even though the headquarters in some instances might be the residence of the candidate or his or her
campaign manager). Not all of the listed activities are necessarily required in each case to demonstrate a substantial
showing, and there may be activities not listed herein which would contribute to such a showing.
Section 73.1941 [47 CFR 73.1941] Equal Opportunities.

(a) General requirements. Except as other-wise indicated in 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 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.
Section 73.1942 [47 CFR 73.1942] Candidate rates.
(a) Charges for use of stations. The charges, if any, made for the use of any broadcasting station 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 station for the same class and amount of time for the same period.
(i) A candidate shall be charged no more per unit than the station charges its most favored
commercial advertisers for the same classes and amounts of time for the same periods. Any station
practices offered to commercial advertisers that enhance the value of advertising spots must be
disclosed and made available to candidates on 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) Stations 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. Stations
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) Stations may establish reasonable classes of preemptible with notice time so long as they clearly
define all such classes, fully disclose them and make available to candidates.
(v) Stations may treat non-preemptible and fixed position as distinct classes of time provided that
stations articulate clearly the differences between such classes, fully disclose them, and make them
available to candidates.
(vi) Stations shall not establish a separate, premium-period class of time sold only to candidates.
Stations 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. Stations 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. Stations 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) Stations 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, stations 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) Stations 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 licensee. Bonus spots, however, must be included in the calculation
of the lowest unit charge calculation.
(xii) Makes goods, defined as the rescheduling of preempted advertising, shall be provided to
candidates prior to election day if a station has provided a time-sensitive make good during the year
preceding the pre-election periods, prospectively set forth in paragraph (a)(1) of this section, to any
commercial advertiser who purchased time in the same class.
(xiii) Stations must disclose and make available to candidates any make good policies provided to
commercial advertisers. If a station 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, stations may charge legally
qualified candidates for public office no more than the changes made for comparable use of the station 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 station would charge for
comparable commercial advertising. All discount privileges otherwise offered by a station to commercial advertisers must
be disclosed and made available upon equal terms to all candidates for public office.
(b) If a station permits a candidate to use its facilities, the station 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 upon 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. Stations 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 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 station's method of selling pre-emptible 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 pre-emptible time; and
(5) An explanation of the station'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, stations shall negotiate in good faith to actually sell time to candidates in
accordance with the disclosure.
(d) This rule ( 73.1942) shall not apply to any station licensed for non- commercial operation.
Section 73.1943 [47 CFR 73.1943] Political File.
(a) Every licensee shall keep and permit public inspection of a complete and orderly record (political file) of all
requests for broadcast time made by or on behalf of a candidate for public office, together with an appropriate
notation showing the disposition made by the licensee of such requests, and the charges made, if any, if the
request is granted. The "disposition" includes the schedule of time purchased, when spots actually aired, the
rates charged, and the classes of time purchased.
(b) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be
placed in the political file.
(c) All records required by this paragraph shall be placed in the political file as soon as possible and shall be
retained for a period of two years. As soon as possible means immediately absent unusual circumstances.
Section 73.1944 [47 CFR 73.1944] Reasonable Access.
(a) Section 312(a)(7) of the Communications Act provides that the Commission may revoke any station license
or construction permit for willful or repeated failure to allow reasonable access to, or to permit purchase of,
reasonable amounts of time for the use of a broadcasting station by a legally qualified candidate for Federal
elective office on behalf of his candidacy.
(b) Weekend Access. For purposes of providing reasonable access, a licensee shall make its facilities available
for use by federal candidates on the weekend before the election if the licensee has provided similar access to
commercial advertisers during the year preceding the relevant election period. Licensees shall not discriminate
between candidates with regard to weekend access.
Relevant Sections of the FCCs Rules Dealing with Cable Television Systems
Section 76.5(p) [47 CFR 76.5(p)] Definition of Origination Cablecasting.
Programming (exclusive of broadcast signals) carried on a cable television system over one or more channels and subject to the
exclusive control of the cable operator.
Section 76.205 [47 CFR 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 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.
Section 76.206 [47 CFR 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-pre-emptible, pre-emptible with notice, immediately pre-emptible
and run-of-schedule as distinct classes of time.
(iii) Systems may establish and define their own reasonable classes of immediately pre-emptible 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 pre-emptible 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-pre-emptible 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-pre-emptible 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 pre-emptible 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 pre-emptible 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.
Section 76.1611 [47 CFR 76.1611] Political cable rates and classes of time.
If a system permits a candidate to use its cablecast facilities, the system shall disclose to all candidates information about rates,
terms, conditions and all value-enhancing discount privileges offered to commercial advertisers. Systems may use reasonable
discretion in making the disclosure; provided, however, that the disclosure includes, at a minimum, the following information:
(a) 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;
(b) 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;
(c) A description of the system's method of selling pre-emptible 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;
(d) An approximation of the likelihood of preemption for each kind of pre-emptible time; and
(e) 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.
Section 76.1615 [47 CFR 76.1615] Sponsorship identification.
(a) When a cable television system operator engaged in origination cablecasting presents any matter for which money,
service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such
cable television system operator, the cable television system operator, at the time of the cablecast, shall announce that
such matter is sponsored, paid for, or furnished, either in whole or in part, and by whom or on whose behalf such
consideration was supplied: Provided, however, that "service or other valuable consideration" shall not include any
service or property furnished either without or at a nominal charge for use on, or in connection with, a cablecast unless it
is so furnished in consideration for an identification of any person, product, service, trademark, or brand name beyond an
identification reasonably related to the use of such service or property on the cablecast. For the purposes of this section,
the term "sponsored" shall be deemed to have the same meaning as "paid for." In the case of any political advertisement
cablecast under this paragraph that concerns candidates for public office, the sponsor shall be identified with letters
equal to or greater than four (4) percent of the vertical picture height that air for not less than four (4) seconds.
(b) Each cable television system operator engaged in origination cablecasting shall exercise reasonable diligence to
obtain from employees, and from other persons with whom the system operator deals directly in connection with any
matter for cablecasting, information to enable such system operator to make the announcement required by this section.
(c) In the case of any political origination cablecast matter or any origination cablecast matter involving the discussion of
public controversial issues for which any film, record, transcription, talent, script, or other material or service of any kind
is furnished, either directly or indirectly, to a cable television system operator as an inducement for cablecasting such
matter, an announcement shall be made both at the beginning and conclusion of such cablecast on which such material
or service is used that such film, record, transcription, talent, script, or other material or service has been furnished to
such cable television system operator in connection with the transmission of such cablecast matter: Provided, however,
that in the case of any cablecast of 5 minutes' duration or less, only one such announcement need be made either at the
beginning or conclusion of the cablecast.
(d) The announcement required by this section shall, in addition to stating the fact that the origination cablecasting
matter was sponsored, paid for or furnished, fully and fairly disclose the true identity of the person or persons, or
corporation, committee, association or other unincorporated group, or other entity by whom or on whose behalf such
payment is made or promised, or from whom or on whose behalf such services or other valuable consideration is
received, or by whom the material or services referred to in paragraph (c) of this section are furnished. Where an agent
or other person or entity contracts or otherwise makes arrangements with a cable television system operator on behalf of
another, and such fact is known or by the exercise of reasonable diligence, as specified in paragraph (b) of this section,
could be known to the system operator, the announcement shall disclose the identity of the person or persons or entity
on whose behalf such agent is acting instead of the name of such agent.
(e) In the case of an origination cablecast advertising commercial products or services, an announcement stating the
sponsor's corporate or trade name, or the name of the sponsor's product, when it is clear that the mention of the name of
the product constitutes a sponsorship identification, shall be deemed sufficient for the purposes of this section and only
one such announcement need be made at any time during the course of the cablecast.
(f) The announcement otherwise required by this section is waived with respect to the origination cablecast of "want ad"
or classified advertisements sponsored by an individual. The waiver granted in this paragraph shall not extend to a
classified advertisement or want ad sponsorship by any form of business enterprise, corporate or otherwise.
(g) The announcements required by this section are waived with respect to feature motion picture film produced initially
and primarily for theatre exhibition.
Note to 76.1615(g): The waiver heretofore granted by the Commission in its Report and Order, adopted
November 16, 1960 (FCC 60-1369; 40 FCC 95), continues to apply to programs filmed or recorded on or before
June 20, 1963, when 73.654(e) of this chapter, the predecessor television rule, went into effect.
(h) Commission interpretations in connection with the provisions of the sponsorship identification rules for the
broadcasting services are contained in the Commission's Public Notice, entitled "Applicability of Sponsorship
Identification Rules," dated May 6, 1963 (40 FCC 141), as modified by Public Notice, dated April 21, 1975 (FCC 75-418).
Further interpretations are printed in full in various volumes of the Federal Communications Commission Reports. The
interpretations made for the broadcasting services are equally applicable to origination cablecasting.
Section 76.1701 [47 CFR 76.1701] Political file.
(a) Every cable television system shall keep and permit public inspection of a complete and orderly record (political file)
of all requests for cablecast time made by or on behalf of a candidate for public office, together with an appropriate
notation showing the disposition made by the system of such requests, and the charges made, if any, if the request is
granted. The "disposition" includes the schedule of time purchased, when spots actually aired, the rates charged, and
the classes of time purchased.
(b) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in
the political file.
(c) All records required by this paragraph shall be placed in the political file as soon as possible and shall be retained for
a period of two years. As soon as possible means immediately absent unusual circumstances.
(d) Where origination cablecasting material is a political matter or matter involving the discussion of a controversial issue
of public importance and a corporation, committee, association or other unincorporated group, or other entity is paying
for or furnishing the matter, the system operator shall, in addition to making the announcement required by 76.1616(a),
require that a list of the chief executive officers or members of the executive committee or of the board of directors of the
corporation, committee, association or other unincorporated group, or other entity shall be made available for public
inspection at the local office of the system. Such lists shall be kept and made available for a period of two years.
Section 76.1715 [47 CFR 76.1715] Sponsorship identification.

Whenever sponsorship announcements are omitted pursuant to 76.1615(f) of subpart T, the cable television system operator
shall observe the following conditions:
(a) Maintain a list showing the name, address, and (where available) the telephone number of each advertiser;
(b) Make this list available to members of the public who have a legitimate interest in obtaining the information contained
in the list.
Relevant Section of the FCCs Rules Dealing with Direct Broadcast Satellite
Section 25.701 [47 CFR 25.701] Public interest obligations.
(a) DBS providers are subject to the public interest obligations set forth in paragraphs (b), (c), (d), (e) and (f) of this
section.
(b) Political broadcasting requirements
(1) Legally qualified candidates for public office for purposes of this section are as defined in 47 CFR 73.1940.
(2) DBS origination programming is defined as programming (exclusive of broadcast signals) carried on a DBS
facility over one or more channels and subject to the exclusive control of the DBS provider.
(3) Reasonable access.
(i) DBS providers must comply with Section 312(a)(7) of the Communications Act of 1934, as
amended, by allowing reasonable access to, or permitting purchase of reasonable amounts of time for,
the use of their facilities by a legally qualified candidate for federal elective office on behalf of his or her
candidacy.
(ii) Weekend access. For purposes of providing reasonable access, DBS providers shall make
facilities available for use by federal candidates on the weekend before the election if the DBS provider
has provided similar access to commercial advertisers during the year preceding the relevant election
period. DBS providers shall not discriminate between candidates with regard to weekend access.
(4) Use of facilities; equal opportunities. DBS providers must comply with Section 315 of the Communications
Act of 1934, as amended, by providing equal opportunities to legally qualified candidates for DBS origination
programming.
(i) General requirements. Except as otherwise indicated in section 25.701(b)(3), no DBS provider is
required to permit the use of its facilities by any legally qualified candidate for public office, but if a DBS
provider 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 DBS provider shall have no power of
censorship over the material broadcast by any such candidate. Appearance by a legally qualified
candidate on any:
(A) Bona fide newscast;
(B) Bona fide news interview;
(C) 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
(D) 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 DBS providers facility
(section 315(a) of the Communications Act.)
(ii) Uses. As used in this section and 25.701, the term use means a candidate
appearance (including by voice or picture) that is not exempt under paragraphs
25.701(b)(3)(i)(A) through (i)(D) of this section.
(iii) Timing of Request. A request for equal opportunities must be submitted to the DBS
provider 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.
(iv) Burden of proof. A candidate requesting equal opportunities of the DBS provider 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.
(v) Discrimination between candidates. In making time available to candidates for public
office, no DBS provider 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 DBS provider make any contract or
other agreement that shall have the effect of permitting any legally qualified candidate for any
public office to use DBS origination programming to the exclusion of other legally qualified
candidates for the same public office.
(c) Candidate rates.
(1) Charges for use of DBS facilities. The charges, if any, made for the use of any DBS facility 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:
(i) 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 DBS provider for the same class and amount of time
for the same period.
(A) A candidate shall be charged no more per unit than the DBS provider charges its most favored commercial advertisers for the
same classes and amounts of time for the same periods. Any facility 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.
(B) The commission recognizes non pre-emptible, pre-emptible with notice, immediately pre-emptible and run of schedule as
distinct classes of time.
(C) DBS providers may establish and define their own reasonable classes of immediately pre-emptible time so long as the
differences between such classes 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. DBS providers 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.
(D) DBS providers may establish reasonable classes of pre-emptible with notice time so long as they clearly define all such
classes, fully disclose them and make them available to candidates.
(E) DBS providers may treat non pre-emptible and fixed position as distinct classes of time provided that they articulate clearly
the difference between such classes, fully disclose them, and make them available to candidates.
(F) DBS providers shall not establish a separate, premium priced class of time sold only to candidates. DBS providers may sell
higher priced non premptible 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.
(G) [Reserved]
(H) 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. DBS providers 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. DBS providers 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.
(I) DBS providers 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, DBS providers shall issue
such rebates or credits promptly.
(J) 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.
(K) DBS providers 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.
(L) Make goods, defined as the rescheduling of preempted advertising, shall be provided to candidates prior to election day if a
DBS provider has provided a time sensitive make good during the year preceding the pre-election periods, respectively set forth
in paragraph (c)(1)(i) of this section, to any commercial advertiser who purchased time in the same class.
(M) DBS providers must disclose and make available to candidates any make good policies provided to commercial
advertisers. If a DBS provider 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.
(ii) At any time other than the respective periods set forth in paragraph (c)(1)(i) of this section, DBS
providers may charge legally qualified candidates for public office no more than the charges made for
comparable use of the facility 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 DBS provider would charge for
comparable commercial advertising. All discount privileges otherwise offered by a DBS provider to
commercial advertisers must be disclosed and made available upon equal terms to all candidates for
public office.
(2) If a DBS provider permits a candidate to use its facilities, it 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 herein. DBS providers may use reasonable
discretion in making the disclosure; provided, however, that the disclosure includes, at a minimum, the following
information:
(i) 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;
(ii) 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;
(iii) A description of the DBS providers method of selling pre-emptible 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;
(iv) An approximation of the likelihood of preemption for each kind of pre-emptible time; and
(v) An explanation of the DBS providers sale 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.
(3) Once disclosure is made, DBS providers shall negotiate in good faith to actually sell time to
candidates in accordance with the disclosure.
(d) Political file. Each DBS provider shall keep and permit public inspection of a complete and orderly political file and
shall prominently disclose the physical location of the file, and the telephonic and electronic means to access the file.
(1) The political file shall contain, at a minimum:
(i) A record of all requests for DBS origination time, the disposition of those
requests, and the charges made, if any, if the request is granted. The disposition
includes the schedule of time purchased, when spots actually aired, the rates
charged, and the classes of time purchased; and
(ii) A record of free time provided if free time is provided for use by or on behalf of
candidates.
(2) DBS providers shall place all records required by this section in a file available to the public as
soon as possible and shall be retained for a period of four years until December 31, 2006, and
thereafter for a period of two years.
(3) DBS providers shall make available, by fax, e-mail, or by mail upon telephone request,
photocopies of documents in their political files and shall assist callers by answering questions about
the contents of their political files. Provided, however, that if a requester prefers access by mail, the
DBS provider shall pay for postage but may require individuals requesting documents to pay for
photocopying. To the extent that a DBS provider places its political file on its website, it may refer the
public to the website in lieu of mailing photocopies. Any material required by this section to be
maintained in the political file must be made available to the public by either mailing or website access
or both.

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Broadcast Traffic Professionals Political Certification Guide

Traffic Directors Guild of America

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We should note that

if all advertisers bought the same or similar broadcast campaigns, and

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47 U.S. Code 399 - Support of political candidates prohibited

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Section B Terms and

GUBERNATORIAL ELECTION ------------------------------------------- 20 P

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TERM LIMITS ----------------------------------------------------------------- 25 V

Terms and Definitions Relating to Radio, Television and

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Republican Party was founded as an anti-slavery party in the

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Section C Federal Laws

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During the 45 days prior to a primary and

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For federal candidates to be entitled to receive a stations

Commercial stations may not have blanket prohibitions

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The FCC formerly had rules outlining broadcasters responsibilities

The biggest challenge to Sales Managers and

SCHEDULE-C EXAMINATION (ONLINE)

To Access the First of the two Exams, Please Click Here

To Access the Second of the two Exams, Please Click Here

- Make sure that your stations political rate

acceptance of material which does not contain proper sponsorship identification

- Prepare a memo evidencing your stations credit policy (such a

(1) Made by or on behalf of a legally-qualified candidate for public office, or

Certification of Federal Candidate Responsibility for Advertising

[ ] - BCRA Political Record

*Note: Class of time must be shown on orders, contracts, invoices, etc.

[ ] - BCRA Political Record

*Note: Class of time must be shown on orders, contracts, invoices, etc.

the RAB (Radio Advertising

47 CFR 76.1611 Political cable rates and classes of time

Relevant TEXT Sections of the Communications Act of 1934

Relevant Sections of the FCCs Rules Dealing with Broadcast Stations

Section 73.1941 [47 CFR 73.1941] Equal Opportunities.

Section 73.1942 [47 CFR 73.1942] Candidate rates.

Section 76.1715 [47 CFR 76.1715] Sponsorship identification.

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