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DINF Web Posted on December 16, 1997


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§ 315. Candidates for public office

  • (a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities 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 provisions of this section. No obligation is 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 chapter to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance.
  • (b) Broadcast media rates

    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 -

    • (1) 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
    • (2) at any other time, the charges made for comparable use of such station by other users thereof.
  • (c) Definitions

    For purposes of this section -

    • (1) the term "broadcasting station" includes a community antenna television system; and
    • (2) the terms "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.


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