Nassau comes to town

[Dan Billings]

----- Original Message ----- 
From: "Dan Strassberg" <dan.strassberg@att.net>
To: "Dan Billings" <billings@suscom-maine.net>; "Sid Schweiger"
<sid@wrko.com>; <boston-radio-interest@rolinin.BostonRadio.org>
Sent: Sunday, April 11, 2004 7:50 AM
Subject: Re: Nassau comes to town


> How clear does Sid have to make it before you understand, Counselor? There
> is a HUGE difference between the right to claim equal amounts of FREE time
> on a station and the right to purchase an equal amount of PAID time at
rate
> no greater than the lowest rate the station has charged for such time
during
> the period of the election campaign. This is NOT a quibble! In one case,
the
> government is forcing the station to GIVE AWAY ITS PRODUCT. In the other,
> the government is requiring the station to SELL its product to other
> legitimate candidates at a price the station previously established.

But the law goes beyond just paid ads.  If a station gives away time to one
candidate, it also has to give away time to another candidate.  That is why
some stations in New England did not carry Sharpton's appearance on Saturday
Night Live.  That is why there were questions raised about Arnold's
appearances on Leno during his campaign.

 47 USC 1A315

(a) 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.