Re: Re:Re:Wired.com on Reversing Consolidation

["A. Joseph Ross" <lawyer@attorneyross.com>]

On 10 Jan 2003 at 17:23, Garrett Wollman wrote:

> Ouch.  I didn't realize that the LUC giveaway applied to non-Federal
> candidates as well.  That's evil.  So that other people don't have to look
> it up, the qualification is described in 47 CFR 73.1940, on the basis of
> statutory authority in 47 USC 315, and in both cases the languages
> provides that candidates for ``any public offiice'' receive LUC rates. 
> The sec. 315 language also states that broadcast stations are not
> obligated by it to carry political advertisements.
> 
> Interestingly enough, the possibility of license revocation under 47
> USC 312(a)(7) only applies to Federal candidates -- so stations have
> no fear of turing down local candidates.

I've been wondering for a number of years to just what extent stations can refuse to carry 
political ads.  I seem to remember that when WCVB first took over channel 5, they had a 
rule not to sell political ads, but they would air extensive TV debates by the candidates.  
This rule eventually was dropped for fear of lawsuits, but I never understood why..

-- 
A. Joseph Ross, J.D.                           617.367.0468
 15 Court Square, Suite 210                 lawyer@attorneyross.com
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