[grc] Equal time for political candidates

Wed May 11 06:27:36 PDT 2016

I think we have two different issues here.

Equal time, which is addressed in §315  below.

Station endorsement of candidates, which is addressed in §399.

What I speak of with §399 is not a statutory requirement that once a 
candidate announces their bid for public office that you have to kick 
them off the air, you are keeping a liability that the candidate DJ may 
say something on the air that could be construed as an endorsement.   
Some will interpret (and they already have) that the DJ's presence on 
the air, using his/her name on the air (supplementing the campaign signs 
all around the listening area) can be perceived as an endorsement by the 
station.

I still feel that a political candidate having live, unfettered access 
to an NCE/LPFM station during a political campaign is a conflict of 
interest and opens the station to §399 liabilities.

Also, if you read §315(a) where it states:

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.

The key words "to use a broadcasting station" come into play here.

If a competing candidate was to escalate the issue, the vague wording of 
§315(a) would mean that once a person is declared a legally-qualified 
candidate and the "use" a broadcast station (even to spin records only), 
an opportunity must be provided to all other candidates for that office.

Again, I would still strongly suggest suspending the show until after 
the election.

=m

On 5/11/2016 9:12 AM, Kenny Lavender WTSQ via grc wrote:
> Here is his email that he sent me after calling me:
>
> Dear Mr. Lavender:
>
> Thank you for taking the time to speak with me this afternoon.  In reference to our conversation regarding equal time for political candidates, I offer this for your consideration:
>
> Communications Act of 1934, § 315; codified at 47 U.S.C. § 315:
>
> "(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."
>
> I believe that for my purposes it is reasonable, in accordance with this statute, to request two hours of weekly broadcast time on WTSQ-FM regardless of content of the program, which to the best of my knowledge does not meet the exemptions outlined above.
>
> With specificity, I believe that the phrase "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" is clear in its meaning and application to this request.
>
> I have an extensive background in media production for broadcast standards and an off-site production facility able to meet your requirement for on-air signal.  Here is the program I propose to you and your organization:
>
> "CRRRRAZY TALK!", a weekly two hour talk show in the style of Art Bell.  In practice, this program would more likely be roughly 90 minutes of monologue, interview and panel discussion with the rest of the time devoted to station formatting and music breaks.  I would prefer WTSQ aggregate the music to correspond with a weekly genre theme; e.g. punk, hip hop, jazz, etc. but am able to provide appropriate playlists.
>
> Literally anyone can come on CRRRRAZY TALK!, provided they follow this procedure:
>
> 1. Write a hand-written letter to me
> 2. Offer brief synopsis of argument/issue
> 3. Include self-addressed stamped envelope
> 4. Wait 2-4 weeks for reply
>
> I want to create a space where listeners come and talk about anything they wish.  My live-to-tape production capabilities allows me to make sure that nothing way out on the edge or out of compliance with FCC regulation is able to reach the air.
>
> To address the second topic of our conversation, I am requesting WTSQ's consideration for a live, on-air debate between me and the Democratic nominee for WV37.  As a media outlet whose principal broadcast area encompasses the district, I believe it benefits the community and furthers WTSQ's mission to hold this public conversation.  I understand that WTSQ is not compelled to host or air this program.
>
> I understand per our conversation that you must present this to your board of directors for consideration.  I will look forward to your reply.  A copy of this letter has been submitted to my consulting attorney for convenience and accuracy.
>
> Warmest regards,
> -Thomas W. Goodman
>
> -----Original Message-----
> From: grc [mailto:grc-bounces at maillist.peak.org] On Behalf Of Lanny Cotler via grc
> Sent: Tuesday, May 10, 2016 8:00 PM
> To: Michelle Bradley; grc at peak.org
> Subject: Re: [grc] Equal time for political candidates
>
> Is it worth the risk? Maybe it is.
>
> I'd hate to see the Bill of Rights being trumped (no pun intended) by itty-bitty laws-within-laws.
>
>
>> On May 10, 2016, at 4:56 PM, Michelle Bradley via grc <grc at maillist.peak.org> wrote:
>>
>> You are still risking that something will be said that can be seen as a political endorsement in violation of section 399 of the Communications Act, state non-profit laws and if 501(c), the IRS code.
>>
>> Here in the NCE world (which includes LPFM), we have 399 looming over us.. commercial radio does not have this.
>>
>> =m
>>
>>
>>
>> On 5/10/2016 7:53 PM, Lanny Cotler via grc wrote:
>>> Why not offer the candidate the opportunity to have a musical (non-political) slot to DJ.
>>>
>>> The more DJs we have, the better.
>>>
>>>
>>>> On May 10, 2016, at 5:18 AM, Kenny Lavender WTSQ via grc <grc at maillist.peak.org> wrote:
>>>>
>>>> We have been approached by a candidate for office requesting equal airtime as one of our DJs that is running for local office.  They aren't yet opponents.  The potential candidate thinks that he is due equal time based on the Dj having a musical program where he doesn't discuss politics.  Any ideas on how to proceed?
>>>>
>>>>
>>>> Kenny Lavender
>>>> Vice President
>>>> WTSQ LP 88.1
>>>> The Status Quo
>>>> _______________________________________________
>>>> grc mailing list
>>>> grc at maillist.peak.org
>>>> http://maillist.peak.org/mailman/listinfo/grc
>>>
>>>
>>>
>>>
>>> KLLG ~ 97.9 FM
>>> Lanny Cotler, Director
>>> Little Lake Grange Radio
>>> Willits Hometown Low Power Radio
>>> P.O Box 820, Willits, CA 95490
>>> 707-367-1812
>>> LANNY at KLLG.ORG
>>>
>>>
>>>
>>>
>>>
>>>
>>> _______________________________________________
>>> grc mailing list
>>> grc at maillist.peak.org
>>> http://maillist.peak.org/mailman/listinfo/grc
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