I heard a political candidate ad on a non-commercial FM station allotted in the 88.1-91.9 MHZ educational area. Is this legal?
-
Get involved.
We want your input!
Apply for Membership and join the conversations about everything related to broadcasting.
After we receive your registration, a moderator will review it. After your registration is approved, you will be permitted to post.
If you use a disposable or false email address, your registration will be rejected.
After your membership is approved, please take a minute to tell us a little bit about yourself.
https://www.radiodiscussions.com/forums/introduce-yourself.1088/
Thanks in advance and have fun!
RadioDiscussions Administrators
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Political Ad on a Non-Commercial FM Station
- Thread starter scanman1809
- Start date
Specifics please. What station? Since it is a "call to action" then that would be a problem. If it was featured within news programming as background to a story, it would be allowable.
I heard the ad on 88.5 FM WJIE in Louisville. It aired during a station break around 1:40 Thursday afternoon. It wasn't during a news program. They were playing music during this hour. It was a Rand Paul for Senate ad. During the KY primary last May, I heard this station airing a Trey Grayson ad on an afternoon around 4:50pm.radiorob2.0 said:Specifics please. What station? Since it is a "call to action" then that would be a problem. If it was featured within news programming as background to a story, it would be allowable.
scanman1809 said:I heard the ad on 88.5 FM WJIE in Louisville. It aired during a station break around 1:40 Thursday afternoon. It wasn't during a news program. They were playing music during this hour. It was a Rand Paul for Senate ad. During the KY primary last May, I heard this station airing a Trey Grayson ad on an afternoon around 4:50pm.radiorob2.0 said:Specifics please. What station? Since it is a "call to action" then that would be a problem. If it was featured within news programming as background to a story, it would be allowable.
Really?!? Well, that could be an issue.
A little Google searching yielded this educational information:
Spot Announcements
This is the other major area of difference in political rules between commercial and non-commercial stations. It is generally true that non-commercial radio and television stations cannot accept paid political advertising. In discussing the matter at some length with the chief of the political branch of the Media Bureau of the Federal Communications Commission, we have come to understand that non-commercial broadcast stations can accept paid political underwriting spots provided that the spot satisfies the general prohibition against a call to action. In other words, a candidate can buy time and indicate that he or she is running for re-election for a position, and can state his or her views on various issues. They cannot, however, urge voters to vote for them, although such an appearance by a candidate or a candidate’s representative would be a "use." Other commercial rules would not apply, such as publication of policies or lowest unit charge. But, if a complaint were filed, the Commission would look at all circumstances to determine whether the station was being "fair." The better and safer course for stations would be to approach political underwriting on non-commercial stations as triggering a strict adherence to the commercial rules, with the exception of the call to action.
There is one major change in the law as it affects non-commercial stations. A few years ago the Commission ruled that Section 312(a)(7) [reasonable access] applied to non-commercial stations, and since they could not sell advertising, non-commercial stations were required to give free time to federal candidates. Congress changed the law. Non-commercial stations are not required to give free time to political candidates.
The web site was: http://www.baplaw.com/memos/politicalbroadcastrules.mem.doc
Spot Announcements
This is the other major area of difference in political rules between commercial and non-commercial stations. It is generally true that non-commercial radio and television stations cannot accept paid political advertising. In discussing the matter at some length with the chief of the political branch of the Media Bureau of the Federal Communications Commission, we have come to understand that non-commercial broadcast stations can accept paid political underwriting spots provided that the spot satisfies the general prohibition against a call to action. In other words, a candidate can buy time and indicate that he or she is running for re-election for a position, and can state his or her views on various issues. They cannot, however, urge voters to vote for them, although such an appearance by a candidate or a candidate’s representative would be a "use." Other commercial rules would not apply, such as publication of policies or lowest unit charge. But, if a complaint were filed, the Commission would look at all circumstances to determine whether the station was being "fair." The better and safer course for stations would be to approach political underwriting on non-commercial stations as triggering a strict adherence to the commercial rules, with the exception of the call to action.
There is one major change in the law as it affects non-commercial stations. A few years ago the Commission ruled that Section 312(a)(7) [reasonable access] applied to non-commercial stations, and since they could not sell advertising, non-commercial stations were required to give free time to federal candidates. Congress changed the law. Non-commercial stations are not required to give free time to political candidates.
The web site was: http://www.baplaw.com/memos/politicalbroadcastrules.mem.doc
- Status
- This thread has been closed due to inactivity. You can create a new thread to discuss this topic.