Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-12
FEC 10 Issue Rules
On Equal Time for
Political Broadcasts
By The Associated Press

The Federal communications
Commission is about to issue a
brochure which may well get into
the political best-seller class be-
fore the November elections. It
is a ready-reference handbook on
who-owes-what- whom in the
matter of political broadcasting.
The compilation is called "use
of broadcast facilities by candi-
dates for public Office" The
5.000-word text will appear in
the Federal Register Tuesday.
Later, FEC will issue reprints.
Quotes Law i'm FAN.
The brochure quotes in full
the law on the subject of equal
opportunities for all legally quail
fed candidates for any public
Office" in the matter of air time,
reproduces the commissions
rules and regulations growing
out of that law. and sets out in
question and answer from the
important announcements which
FEC has made on the subject.
FEC has most of the answers
but not quite all. 1t is stumped
by the new law which Congress
passed last month outlawing the
Communist Party.
Status of Reds Uncertain.
Hence this passage:
@. Must a station make time
available upon demand to a
candidate of the Communist
Party, or candidate who is a
member of the Communist Party,
if it has afforded time to that
candidates opponents for the
Office in question?
"a. If the person involved is a
legally qualified candidate for
the Office he is seeking, section
315 COT the Communications Act)
requires that equal opportunities
be afforded him. It will be recog-
nized that who is a legally quail
fed candidate is dependent upon
Federal, State and local law per-
tanning to the elective process
and Is not based upon provisions
Of the Communications Act or
the rules of the commission.
1.-THE question of the specific
applicability of these principles,
in the light Of the Communist
Control Act of 1854, to candi-
dates of the Communist Party or
who are members of the Com
munist Party, has not yet been
determined"
Equal Time for All.
The commission emphasizes
that no radio or television sta
ton is obligated to carry any
political material-but once it
has let the bars down for one
candidate, every other candidate
for the same Office must be given
the same opportunity, on exactly
the same terms, and in time
spot as closely equal to the orig
inal broadcast as possible.
Equal opportunity" applies
only to the legally qualified can
didate, not his supporters. FEC
puts it this way:
@. Does section 315 apply to
one speaking for or on behalf of
the candidate, as contrasted with
the candidate himself?
"A. No. The section applies
only to legally qualified candi-
dates. Candidate A has no legal
right to demand time where B,
not a candidate, has spoken
against A or in behalf of another
candidate"
Bow-Taking Counts.
The law employs the word
"use" in relation to broadcast
ing facilities. The FEC CONSTITUTES
this mean any use. Thus, a can
didate who simply takes a bow
on a variety show, or who ap-
pears at a public ceremony or
participates in a, forum program
set the equal opportunity" rule
in motion for his opponents, &C
cording to FEC.
The commission notes that To-
cal law determines who is a
qualified candidate" and re-
minds broadcasters that they
cannot refuse equal time simply
because the station management
doesn't think a given candidate
has a ghost of a chance in the
election.
There may be no censorship Of
a candidates remarks by the
broadcasting station. The law
forbids censorship of such ma
terial. Because of this, FEC has
always taken the position that
a station cannot be sued for
libelous utterances by a candi-
date. However, the commission
notes that this is a matter still
awaiting decision by the courts.