Legal Memo by Michael D. Berg

Fallout Could Impact Political Ad Ruling

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--Know what hasn't changed (see earlier column).  In particular, ad disclaimer requirements indicating who paid for them were not struck down. Stations should continue to insist that federal candidates comply with the written federal candidate certification requirements of Section 315 of the Communications Act at the time of purchase. In order to qualify for lowest unit charge, a federal candidate or authorized committee whose ad refers directly to an opposing candidate must certify to the station in writing that the ads comply with the disclaimer requirement (for TV, candidate image must be shown for at least four seconds at the ad's end, and simultaneously a readable printed statement is shown identifying the candidate and stating that he/she has approved the broadcast and the candidate's authorized committee paid for it.) 

--Plan ahead to assure adequate available time to comply with unchanged reasonable access requirements for all federal candidates, and for equal opportunities time to their opponents. While state and local candidates lack a right to airtime, assess whether to offer to sell what time to which if any of those races and assure equal opportunities to opposing candidates. Be prepared for unusually heavy early and late political ad demand.

    Story continues after the ad

    Conclusion

    There is a lot to be gained, in serving station audiences, assisting candidates and other political advertisers to reach voters, and financially, in this election year.

    This column on TV law and regulation by Michael D. Berg, a veteran Washington, D.C., communications lawyer and the principal in the Law Office of Michael D. Berg, appears periodically. He is also the co-author of FCC Lobbying: A Handbook of Insider Tips and Practical Advice. He can be reached at mberg@michaelberglaw.com or 202-530-8560. Read more of Berg's Legal Memos here.

    Lyndsey Grunewald, a graduating Georgetown Law Center legal intern, contributed to this article.

    Note: This article provides general guidance only and is not a substitute for individualized legal advice for particular situations.

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    Comments (1) -

    Vincent Pepper posted a year ago
    |
    Well done, Michael.. Vince

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