[grc] Even LPFMs have to keep "Political Files" per FCC requirement

[Paul Bame]

Michi covers it pretty well. I'd add that the contents of the political
file are, amazingly, pretty clear in the regulations. Use 73.1940(d) if you
need a definition of political candidate.

Having a candidate as a /guest/ (not host), covering them in a news
article, or hosting a forum/debate, is not generally a "use" or "on behalf
of" candidates so shouldn't require a political-file entry according to
(b); but beware that a perception that the station is really giving the
candidate airtime rather than "covering" them, could result in a legal
challenge which even if winnable, might be worth avoiding. If "covering"
candidates could be perceived by someone as favoritism, that can get you in
trouble with 501(c)(3) regulations.

Don't add to your work and collect quarterly issues and other /public/ file
material for your political file.

*Section 73.1943 [47 CFR §73.1943] Political File.*

(a)   Every licensee shall keep and permit public inspection of a complete
and orderly record (political file) of all requests for broadcast time made
by or on behalf of a candidate for public office, together with an
appropriate notation showing the disposition made by the licensee of such
requests, and the charges made, if any, if the request is granted. The
"disposition" includes the schedule of time purchased, when spots actually
aired, the rates charged, and the classes of time purchased.

(b)   When free time is provided for use by or on behalf of candidates, a
record of the free time provided shall be placed in the political file.

(c)   All records required by this paragraph shall be placed in the
political file as soon as possible and shall be retained for a period of
two years. As soon as possible means immediately absent unusual
circumstances.

Paul (pablito) Bame
Prometheus Radio Project <http://prometheusradio.org/>, Engineering Director
215.727.9620 x2
N0KCL/3




On Mon, Aug 3, 2020 at 9:12 PM Michi Bradley via grc <grc at maillist.peak.org>
wrote:

> LPFM stations do have to keep a political file.  But since LPFM stations
> (and full service NCE) can't accept "advertising" for political
> campaigns nor can endorse political candidates, most of the political
> file will consist mainly of records of interactions with campaigns
> stating that because of the noncommercial nature of the station, they
> can't accept any advertising or purchase any time.  But, if you agree to
> allow the candidates to appear without remuneration, then you can add
> that to the political file.
>
> Also, LPFM stations are not required to maintain a public file. LPFM
> stations need to keep their political file records retained for at least
> two years.
>
> See REC FAQ:
> https://recnet.com/faq-political-request
>
> Michelle Bradley
> REC Networks
> 202 621-2355 / 844.REC.LPFM
>
> On 8/3/2020 8:27 PM, Frieda Werden via grc wrote:
> > In case anyone missed this:
> >
> https://www.radioworld.com/columns-and-views/guest-commentaries/community-broadcaster-devices-for-democracy?fbclid=IwAR2viPEt6dqUL2Ga4JXhC5R96uEEl1ZdLWqww40mAMNQ3auOo6gcs5OH13I
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