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  • FCC Chairman Carr announced the “Pledge America Campaign” which calls on broadcasters to pledge to provide programming promoting civic education,
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  • The Senate Commerce Committee held a hearing titled “We Interrupt This Program: Media Ownership in the Digital Age.”  Testimony at
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  • The FCC’s Media Bureau released a Public Notice purporting to provide guidance directed to broadcast TV stations on whether the
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  • President Trump issued several Executive Orders that could affect FCC decision-making, including an Executive Order suspending government diversity, equity, and
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  • The FCC’s Enforcement and Media Bureaus, under a new Docket opened by the Commission called “Preserving the First Amendment,” dismissed
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We have been receiving numerous calls from broadcasters about “franking” ads from Congressional representatives running for reelection.  Congress each year allows its members to spend certain amounts of money to communicate with their constituents.  This was traditionally done through mailings, which Congressional representatives could send through the US mail without any postage charges (hence the name “franking” deriving from a French word for “free”).  This privilege was later extended to allow the representatives to use broadcast media, but stations are paid for such spots.  These franking messages cannot be used for political messages, and the messages cannot be run during the 60 days before any election.  They tend to talk about how Congressional staff can help constituents with problems accessing government benefits or about how government programs can help residents in their districts.  But just because the messages are not in and of themselves political does not mean that the messages do not have implications under the FCC’s political broadcasting rules.

These franking ads are almost always voiced by the representative (for radio) or have a visual appearance of the representative (for TV).  If the representative is running for reelection, and has qualified for a place on the ballot (for a primary or general election) or will run as a bona fide write-in candidate (see our post here about write-in candidates), then the ads can have FCC political broadcasting implications.  As with any other appearance of a legally qualified candidate on the air outside an exempt program (exempt programs being news or news interview programs or documentaries not about the candidate – see our article here), the recognizable voice or image of a candidate is a “use” by that candidate that triggers equal opportunities for opposing candidates. As we wrote here about advertisers who appear in their company’s commercials and then decide to run for political office, those uses need to be noted in a station’s political file (providing all the information about the sponsor, schedule and price of the ad, as you would for any pure political buy). The use would also trigger equal opportunities, meaning that any opposing candidate can request an equivalent amount of airtime.  But that does not necessarily mean that a station needs to reject these franking ads.
Continue Reading Watch for Congressional “Franking” Ads in the Last Weeks Before the Pre-Election Period – The FCC Political Broadcasting Implications

The deadline for 2022 candidates in Texas to file for a place on the March 1 primary ballot was this past Monday.  Deadlines in other states will follow during the first part of 2022.  As a result, broadcast stations and cable companies in Texas are already dealing with legally qualified candidates, and the FCC political rules that attach to those candidates.  Stations in other states will follow soon.  Even before these deadlines, stations are dealing with buys from potential candidates, PACs, and other third-party groups looking to establish positions for the important 2022 elections. Spending on political advertising is sure to increase as the new year rolls around, and some suggest that it could rival that spent in 2020. What should broadcast stations be thinking about now to get ready for the 2022 elections?

We have written about some of the issues that broadcasters should already be considering in our Political Broadcasting Guide (which we plan to update shortly). Obviously, one of the primary issues is lowest unit rates, which become effective 45 days before the primaries (or before any caucus which is open to members of the general public). In Texas, those rates will begin in mid-January for the March 1 primary, and lowest unit charge (“LUC”) windows will open in other states throughout the first part of 2022.  With these rate windows soon to be upon us, stations should begin the process of determining what rates will apply during the window, as stations are no doubt now writing packages with spots that will be running during the window.  In addition to our Political Broadcasting Guide, we wrote about other issues you should be considering in determining your lowest unit rates here.  These articles provide just an outline of issues to consider in determining the rates that will apply in the window, so start conversations now with your attorney and political advertising advisors to make sure that these rates are being determined accurately and in compliance with FCC rules and policies.
Continue Reading Candidate Filing Deadline for the Primaries in the Texas 2022 Elections Just Passed – What Should Your Station, No Matter Where It Is, Be Doing to Prepare for the Coming Election Advertising Deluge?

After this year’s contentious elections, it is with reluctance that we even broach the subject – but broadcasters and cable companies need to be aware that in many jurisdictions there are elections this November. While most broadcast stations don’t think about the FCC’s political broadcasting rules in odd numbered years, they should – particularly in connection with state and local political offices.  There are elections for governor in November in Virginia and New Jersey, and all sorts of state and local elections in different parts of the country.  These include some mayoral races in major US cities.  Some of these local elections don’t even occur in November – and there are even a few that are taking place as early as next month. As we have written before, most of the political rules apply to these state and local electoral races so broadcasters need to be paying attention.

Whether the race is for governor or much more locally focused, like elections for state legislatures, school boards or town councils, stations need to be prepared. Candidates for state and local elections are entitled to virtually all of the political broadcasting rights of Federal candidates – with one exception, the right of reasonable access which is reserved solely for Federal candidates. That means that only Federal candidates have the right to demand access to all classes and dayparts of advertising time that a broadcast station has to sell. As we wrote in our summary of reasonable access, here, that does not mean that Federal candidates can demand as much time as they want, only that stations must sell them a reasonable amount of advertising during the various classes of advertising time sold on the station. For state and local candidates, on the other hand, stations don’t need to sell the candidates any advertising time at all. But, if they do, the other political rules apply.
Continue Reading Reminder – 2021 Will Include Some Off-Year Elections for State and Local Office – and FCC Political Broadcasting Rules Do Apply

What are a noncommercial broadcaster’s obligations with respect to the political file and the rest of the FCC’s political broadcasting rules?  That is a question that I have heard asked several times in the last few weeks as we approach this most important, and contentious, election.  In short, I think that the answer to this question is that, in most cases, a noncommercial broadcaster will have few if any political file obligations.  Why?

Broadcast stations that are licensed as noncommercial do not have any reasonable access requirements.  What that means is that noncommercial stations do not have any obligation to sell time to political candidates or to make any free time available to the candidates for their messages.  Years ago, reasonable access did apply to noncommercial stations, but when a DC-area congressional candidate used the statutory reasonable access requirements to force a local NPR affiliate (to which many on Capitol Hill listened) to air political commercials, Congress acted to abolish the reasonable access requirement as it applied to noncommercial stations.  So, as noncommercial stations do not need to sell political time to candidates, they are not faced with the political file obligations which have triggered scrutiny from the FCC in recent months.  But that is not to say that there could never be a political file obligation for a noncommercial station.
Continue Reading Noncommercial Broadcasters and the Political File