Reminder: Equal Time and Lowest Unit Rate Rules Apply to State and Municipal Elections
While it seems like we just finished the election season, it seems like there is always an election somewhere. We are still getting calls about municipal and other state and local elections that are underway. And broadcasters need to remember that these elections, like the Federal elections that we've just been through, are subject to the FCC's equal time (or "equal opportunities") rule. The requirement that lowest unit rates be applied in the 45 days before a primary and 60 days before a general election also apply to these elections. "Reasonable access," however, does not apply to state and local candidates - meaning that stations can refuse to take advertising for state and local elections (unlike for Federal elections where candidates must be given the right to buy spots in all classes and dayparts on a station), as long as all candidates for the same office are treated in the same way. So stations can take ads for State Senate candidates, and refuse to take ads for city council, or restrict those ads to overnight hours, as long as all candidates who are running against each other are treated in the same way.
One issue that arises surprisingly often is the issue of the station employee who runs for local office. An employee who appears on the air, and who decides to become a candidate for public office, will give rise to a station obligation to give equal opportunities to other candidates for that same office - free time equal to the amount of time that the employee's recognizable voice or likeness appeared on the air. While a station can take the employee off the air to avoid obligations for equal opportunities, there are other options for a station. See our post here on some of those options.
So stations need to remember that they do have political broadcasting obligations for elections that may occur in their towns, cities, counties and states this year. See the Davis Wright Tremaine Political Broadcasting Guide for more information about these issues.
I was recently informed by a friend in the industry that the lowest unit rate charges that were in effect in 2009 will not apply to state and municipal elections in 2010. Did I miss something?
Your friend is mis-informed. Lowest unit rates do apply to state and municipal elections. Reasonable access does not - so you can decide not to sell time to candidates in a local race. But once you do decide to sell it to candidates in a race, it must be at lowest unit rates. There has been no change in the FCC rules on this - so lowest unit rates do apply to state and municipal elections in 2010