The FCC's political broadcasting rules can seem impenetrable and ever-changing, yet the same basic rules have been in place for well over a decade, with only minimal changes in the sponsorship identification and public file requirements mandated by the Bipartisan Campaign Reform Act of 2002. With a little attention, memorization, and a guide to the rules, the basics of the political rules can be deciphered. We have put together a Guide to the Political Broadcasting Rules, to help explain these basics. Our Guide presents information in a Question and Answer format, in Sections explaining various topics involved in the political broadcasting area. These Sections are:

• The Basics—Speak the Language
• Preparing for an Election—What to Worry About in Pre-election Periods
• Reasonable Access—Deciding Which Candidates Can Buy Time
• Equal Opportunities—Treating Competing Candidates Alike
• No Censorship and Third-Party Ads—What Responsibility Do Stations Have for Content
• Lowest Unit Charges—How Much Money Can You Charge for Political Spots
• Sponsorship Identification and BCRA Requirements
• Public File and Disclosure Statements
• Conclusion—Questions and Resources

The rules essentially require broadcasters to sell rock-bottom priced spots to transient advertisers, who are often the least familiar with broadcast sales practices, yet demand the most time and attention from station sales representatives. Consequently, broadcasters end up getting the least money for spots that take the most time to sell. And these spots often cause the most heartache, since there is always the threat of FCC enforcement action or worries about the cost of attorneys to help avoid getting the rules wrong. Our guide is meant to provide some basic guidelines to help broadcasters identify the most common issues that arise during the election season. For the complete guide, click here.

David Oxenford

David Oxenford is a partner in the Washington, DC office of the law firm of Davis Wright Tremaine LLP. This post originally appeared on DWT's Broadcast Law Blog, and is posted on DMW with the author’s permission. This information is provided for educational purposes only and should not be relied on as legal advice, and should not substitute for competent legal advice from your own attorney."

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