[Kzyxtalk] Statute re Equal Time for Candidates

dennisobrien at sharejerusalem.com dennisobrien at sharejerusalem.com
Thu Jan 28 17:04:20 PST 2016


>From the Communications Act of 1934 (full text at http://transition.fcc.gov/mb/policy/political/candrule.htm)

Section 315 [47 U.S.C. §315] Facilities for candidates for public office.

(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 provision of this section.  No obligation is hereby 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.


This is the formal version of the information Mr. Heid posted earlier.

--------------------------------------------
On Thu, 1/28/16, kzyxtalk-request at lists.mcn.org <kzyxtalk-request at lists.mcn.org> wrote:

 Subject: Kzyxtalk Digest, Vol 24, Issue 13
 To: kzyxtalk at lists.mcn.org
 Date: Thursday, January 28, 2016, 10:57 AM
 
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 Today's Topics:
 
    1. Vintage Bernie Sanders (1991) and Radio
 Curious (Barry Vogel)
    2. Re: Vintage Bernie Sanders (1991) and
 Radio Curious
       (sako4 at comcast.net)
    3. Re: Vintage Bernie Sanders (1991) and
 Radio Curious (nsi at mcn.org)
    4. Re: [MCN-Announce]- Vintage Bernie
 Sanders (1991) and    Radio
       Curious (Jim Heid)
 
 
 ----------------------------------------------------------------------
 
 Message: 1
 Date: Tue, 26 Jan 2016 20:43:57 -0800
 From: Barry Vogel <curious at radiocurious.org>
 Subject: [Kzyxtalk] Vintage Bernie Sanders (1991) and Radio
 Curious
 To: announce at lists.mcn.org
 Message-ID: <56A84B0D.1030004 at radiocurious.org>
 Content-Type: text/plain; charset="utf-8"
 
 
     Sanders, Bernie ? Vintage Bernie Sanders:
 1991
     <http://www.radiocurious.org/2016/01/26/sanders-bernie-bernie-sanders-from-1991/>
 
 Posted on January 26th, 2016 in American Society 
 <http://www.radiocurious.org/category/american-society/>,Environment
 
 <http://www.radiocurious.org/category/environment/>,Health
 
 <http://www.radiocurious.org/category/health/>,Politics
 
 <http://www.radiocurious.org/category/politics/> by
 LeGov
 
 Presidential Candidate, Independent Senator Bernie Sanders
 was a guest 
 on Radio Curious in 1991, early in his first term in
 Congress. Over the 
 course of his 25 years as an Independent member of the House
 of 
 Representatives and the Senate he has consistently advocated
 for 
 economic reform and social justice.
 
 When Bernie Sanders and I visited in 1991, we discussed what
 he would do 
 if he were President. This interview, recorded by phone from
 his office 
 in Washington, D.C., in 1991, began when I asked him to
 describe his 
 experience in government.
 
 Click here 
 <http://www.radio4all.net/files/curious@radiocurious.org/1197-1-SAMDERS_BERNIE_1991-2016_CA.mp3>
 to 
 listen or on the media player below.
 
 Podcast: Download 
 <http://www.radio4all.net/files/curious@radiocurious.org/1197-1-SAMDERS_BERNIE_1991-2016_CA.mp3>
 
 *Here's a Curious note:*
 This afternoon I called kzyx to tell advise them I'd sent a
 promo for 
 this edition of RC.  Mary Aigner answered and passed
 the call to Angela 
 DeWitt the new Interim Program Manager at kzyx.  They
 were not quite 
 sure if the equal access requirement applies to this
 particular Radio 
 Curious interview.  They both were not quire sure what
 to do since 
 Senator Sanders is a candidate for President.  Mary
 said kzyx may be 
 required to allow equal time to other candidates for
 President and 
 Angela repeated that.  I suggested they allow equal
 time and refer the 
 other candidates to Radio Curious for an interview. 
 Angela said she'd 
 call me when they decide about this week's Radio Curious. I
 am an 
 independent producer and not a kzyx programmer.  That
 or any other 
 station may choose to air or not to air Radio Curious.
 Regardless, this 
 25 year old interview with Senator Sanders may be heard
 here: 
 http://www.radiocurious.org/2016/01/26/sanders-bernie-bernie-sanders-from-1991/.
 Barry Vogel
 
 
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 ------------------------------
 
 Message: 2
 Date: Thu, 28 Jan 2016 17:01:02 +0000 (UTC)
 From: sako4 at comcast.net
 Subject: Re: [Kzyxtalk] Vintage Bernie Sanders (1991) and
 Radio
     Curious
 To: kzyxtalk <kzyxtalk at lists.mcn.org>
 Message-ID:
     <546626002.12220904.1454000462279.JavaMail.zimbra at comcast.net>
 Content-Type: text/plain; charset="utf-8"
 
 Nice! 
 
 ----- Original Message -----
 
 From: "Barry Vogel" <curious at radiocurious.org>
 
 To: announce at lists.mcn.org
 
 Sent: Tuesday, January 26, 2016 8:43:57 PM 
 Subject: [Kzyxtalk] Vintage Bernie Sanders (1991) and Radio
 Curious 
 
 Sanders, Bernie ? Vintage Bernie Sanders: 1991 
 Posted on January 26th, 2016 in American Society ,
 Environment , Health , Politics by LeGov 
 
 
 Presidential Candidate, Independent Senator Bernie Sanders
 was a guest on Radio Curious in 1991, early in his first
 term in Congress. Over the course of his 25 years as an
 Independent member of the House of Representatives and the
 Senate he has consistently advocated for economic reform and
 social justice. 
 
 When Bernie Sanders and I visited in 1991, we discussed what
 he would do if he were President. This interview, recorded
 by phone from his office in Washington, D.C., in 1991, began
 when I asked him to describe his experience in government. 
 
 Click here to listen or on the media player below. 
 
 
 
 Podcast: Download 
 
 
 Here's a Curious note: 
 This afternoon I called kzyx to tell advise them I'd sent a
 promo for this edition of RC. Mary Aigner answered and
 passed the call to Angela DeWitt the new Interim Program
 Manager at kzyx. They were not quite sure if the equal
 access requirement applies to this particular Radio Curious
 interview. They both were not quire sure what to do since
 Senator Sanders is a candidate for President. Mary said kzyx
 may be required to allow equal time to other candidates for
 President and Angela repeated that. I suggested they allow
 equal time and refer the other candidates to Radio Curious
 for an interview. Angela said she'd call me when they decide
 about this week's Radio Curious. I am an independent
 producer and not a kzyx programmer. That or any other
 station may choose to air or not to air Radio Curious.
 Regardless, this 25 year old interview with Senator Sanders
 may be heard here: http://www.radiocurious.org/2016/01/26/sanders-bernie-bernie-sanders-from-1991/
 . 
 Barry Vogel 
 
 
 
 
 _______________________________________________ 
 Kzyxtalk mailing list 
 Kzyxtalk at lists.mcn.org
 
 http://lists.mcn.org/mailman/listinfo/kzyxtalk 
 
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 ------------------------------
 
 Message: 3
 Date: Thu, 28 Jan 2016 10:29:01 -0800 (PST)
 From: nsi at mcn.org
 Subject: Re: [Kzyxtalk] Vintage Bernie Sanders (1991) and
 Radio
     Curious
 To: kzyxtalk at lists.mcn.org
 Cc: announce at lists.mcn.org
 Message-ID: <270bd16df0719e2a228dd31298b68fad.squirrel at mail.mcn.org>
 Content-Type: text/plain;charset=iso-8859-1
 
 > Responding to Barry's "Curious Note".
 Lorraine will you take the reins. This is an archival gem
 KZYX should
 proudly promote. The "equal time" provisions were to
 encourage political
 exchange, not suppress historical gems of radio. If this is
 what we have
 in store from a god knows how long provisional Program
 Director, get rid
 of her. The station does not need a provisional program
 director. It needs
 some balls and a good dose of commmon sense. --beth bosk
 
 >     Sanders, Bernie ??? Vintage
 Bernie Sanders: 1991
 >     <http://www.radiocurious.org/2016/01/26/sanders-bernie-bernie-sanders-from-1991/>
 >
 > Posted on January 26th, 2016 in American Society
 > <http://www.radiocurious.org/category/american-society/>,Environment
 > <http://www.radiocurious.org/category/environment/>,Health
 > <http://www.radiocurious.org/category/health/>,Politics
 > <http://www.radiocurious.org/category/politics/> by
 LeGov
 >
 > Presidential Candidate, Independent Senator Bernie
 Sanders was a guest
 > on Radio Curious in 1991, early in his first term in
 Congress. Over the
 > course of his 25 years as an Independent member of the
 House of
 > Representatives and the Senate he has consistently
 advocated for
 > economic reform and social justice.
 >
 > When Bernie Sanders and I visited in 1991, we discussed
 what he would do
 > if he were President. This interview, recorded by phone
 from his office
 > in Washington, D.C., in 1991, began when I asked him to
 describe his
 > experience in government.
 >
 > Click here
 > <http://www.radio4all.net/files/curious@radiocurious.org/1197-1-SAMDERS_BERNIE_1991-2016_CA.mp3>
 > to
 > listen or on the media player below.
 >
 > Podcast: Download
 > <http://www.radio4all.net/files/curious@radiocurious.org/1197-1-SAMDERS_BERNIE_1991-2016_CA.mp3>
 >
 > *Here's a Curious note:*
 > This afternoon I called kzyx to tell advise them I'd
 sent a promo for
 > this edition of RC.  Mary Aigner answered and
 passed the call to Angela
 > DeWitt the new Interim Program Manager at kzyx. 
 They were not quite
 > sure if the equal access requirement applies to this
 particular Radio
 > Curious interview.  They both were not quire sure
 what to do since
 > Senator Sanders is a candidate for President. 
 Mary said kzyx may be
 > required to allow equal time to other candidates for
 President and
 > Angela repeated that.  I suggested they allow
 equal time and refer the
 > other candidates to Radio Curious for an
 interview.  Angela said she'd
 > call me when they decide about this week's Radio
 Curious. I am an
 > independent producer and not a kzyx programmer. 
 That or any other
 > station may choose to air or not to air Radio Curious.
 Regardless, this
 > 25 year old interview with Senator Sanders may be heard
 here:
 >
 http://www.radiocurious.org/2016/01/26/sanders-bernie-bernie-sanders-from-1991/.
 > Barry Vogel
 >
 >
 > _______________________________________________
 > Kzyxtalk mailing list
 > Kzyxtalk at lists.mcn.org
 > http://lists.mcn.org/mailman/listinfo/kzyxtalk
 >
 
 
 
 
 
 ------------------------------
 
 Message: 4
 Date: Thu, 28 Jan 2016 10:57:44 -0800
 From: Jim Heid <jim at heidsite.com>
 Subject: Re: [Kzyxtalk] [MCN-Announce]- Vintage Bernie
 Sanders (1991)
     and    Radio Curious
 To: Frank Hartzell <frankhartzell at gmail.com>
 Cc: kzyxtalk at lists.mcn.org
 Message-ID: <BA6EEB51-169C-4162-83A2-1B32234E6545 at heidsite.com>
 Content-Type: text/plain; charset="windows-1252"
 
 I'm soooo not a broadcast lawyer, but I think KZYX would be
 safe in airing that piece without having to offer equal time
 to other candidates.
 
 I say this based on a phrase on this page:
 http://www.museum.tv/eotv/equaltimeru.htm
 
 
 Specifically this passage (bold text is the key)
 
 > Congress reacted quickly by creating four exemptions to
 the equal opportunity law. Stations who gave time to
 candidates on regularly scheduled newscasts, news interviews
 shows, documentaries (assuming the candidate wasn't the
 primary focus of the documentary), or on-the-spot news
 events would not have to offer equal time to other
 candidates for that office. In creating these exemptions,
 Congress stressed that the public interest would be served
 by allowing stations the freedom to cover the activities of
 candidates without worrying that any story about a
 candidate, no matter how tangentially related to his or her
 candidacy, would require equal time. 
 
 The 1991 "Radio Curious" piece is a news interview story,
 and thus would SEEM to be exempt from the equal-time
 requirement.
 
 But again...I'm no lawyer! 
 
 Jim
 
 
 
 
 On Jan 28, 2016, at 10:45 AM, Frank Hartzell <frankhartzell at gmail.com>
 wrote:
 
 > Right on! But in one way, it would be fun to have all
 the candidates from
 > that time period, although that is probably not
 possible . Equal time
 > doesn't apply at all to history I don't think. I mean
 if we found Donald
 > Trump or Jeb Bush giving a particularly interesting
 talk back then, it
 > would find its way to broadcast.
 > 
 > On Thu, Jan 28, 2016 at 10:29 AM, <nsi at mcn.org> wrote:
 > 
 >>> Responding to Barry's "Curious Note".
 >> Lorraine will you take the reins. This is an
 archival gem KZYX should
 >> proudly promote. The "equal time" provisions were
 to encourage political
 >> exchange, not suppress historical gems of radio. If
 this is what we have
 >> in store from a god knows how long provisional
 Program Director, get rid
 >> of her. The station does not need a provisional
 program director. It needs
 >> some balls and a good dose of commmon sense. --beth
 bosk
 >> 
 >>>    Sanders, Bernie ??? Vintage Bernie
 Sanders: 1991
 >>>    <
 >> http://www.radiocurious.org/2016/01/26/sanders-bernie-bernie-sanders-from-1991/
 >>> 
 >>> 
 >>> Posted on January 26th, 2016 in American
 Society
 >>> <http://www.radiocurious.org/category/american-society/>,Environment
 >>> <http://www.radiocurious.org/category/environment/>,Health
 >>> <http://www.radiocurious.org/category/health/>,Politics
 >>> <http://www.radiocurious.org/category/politics/> by
 LeGov
 >>> 
 >>> Presidential Candidate, Independent Senator
 Bernie Sanders was a guest
 >>> on Radio Curious in 1991, early in his first
 term in Congress. Over the
 >>> course of his 25 years as an Independent member
 of the House of
 >>> Representatives and the Senate he has
 consistently advocated for
 >>> economic reform and social justice.
 >>> 
 >>> When Bernie Sanders and I visited in 1991, we
 discussed what he would do
 >>> if he were President. This interview, recorded
 by phone from his office
 >>> in Washington, D.C., in 1991, began when I
 asked him to describe his
 >>> experience in government.
 >>> 
 >>> Click here
 >>> <
 >> http://www.radio4all.net/files/curious@radiocurious.org/1197-1-SAMDERS_BERNIE_1991-2016_CA.mp3
 >>> 
 >>> to
 >>> listen or on the media player below.
 >>> 
 >>> Podcast: Download
 >>> <
 >> http://www.radio4all.net/files/curious@radiocurious.org/1197-1-SAMDERS_BERNIE_1991-2016_CA.mp3
 >>> 
 >>> 
 >>> *Here's a Curious note:*
 >>> This afternoon I called kzyx to tell advise
 them I'd sent a promo for
 >>> this edition of RC.  Mary Aigner answered
 and passed the call to Angela
 >>> DeWitt the new Interim Program Manager at
 kzyx.  They were not quite
 >>> sure if the equal access requirement applies to
 this particular Radio
 >>> Curious interview.  They both were not
 quire sure what to do since
 >>> Senator Sanders is a candidate for
 President.  Mary said kzyx may be
 >>> required to allow equal time to other
 candidates for President and
 >>> Angela repeated that.  I suggested they
 allow equal time and refer the
 >>> other candidates to Radio Curious for an
 interview.  Angela said she'd
 >>> call me when they decide about this week's
 Radio Curious. I am an
 >>> independent producer and not a kzyx
 programmer.  That or any other
 >>> station may choose to air or not to air Radio
 Curious. Regardless, this
 >>> 25 year old interview with Senator Sanders may
 be heard here:
 >>> 
 >> http://www.radiocurious.org/2016/01/26/sanders-bernie-bernie-sanders-from-1991/
 >> .
 >>> Barry Vogel
 >>> 
 >>> 
 >>>
 _______________________________________________
 >>> Kzyxtalk mailing list
 >>> Kzyxtalk at lists.mcn.org
 >>> http://lists.mcn.org/mailman/listinfo/kzyxtalk
 >>> 
 >> 
 >> 
 >> 
 >>
 __________________________________________________________
 >>
 __________________________________________________________
 >> 
 >> Announcement mailing list
 >> announce at lists.mcn.org
 >> The Mendocino Community Network (MCN) provides the
 MCN Announcement list.
 >> Use of the list is subject to the terms of service
 at
 >> http://www.mcn.org/email/atos.html
 >> 
 >>
 __________________________________________________________
 >>
 __________________________________________________________
 >> 
 >> TO POST to this list send emails to announce at lists.mcn.org
 >> TO UNSUBSCRIBE from this list send an email to
 >> announce-leave at lists.mcn.org
 >> *** To complete the process you must reply to the
 email you receive in
 >> response. ***
 >> 
 >> For listserv technical problems please contact:
 >> listmanager at mcn.org
 >> 
 > 
 > 
 > 
 > -- 
 > 
 > 
 > Frank Hartzell
 > 900 N. Franklin
 > Fort Bragg, CA 95437
 > 707-962-9279
 >
 __________________________________________________________
 >
 __________________________________________________________
 > 
 > Announcement mailing list
 > announce at lists.mcn.org
 > The Mendocino Community Network (MCN) provides the MCN
 Announcement list.
 > Use of the list is subject to the terms of service at
 > http://www.mcn.org/email/atos.html
 > 
 >
 __________________________________________________________
 >
 __________________________________________________________
 > 
 > TO POST to this list send emails to announce at lists.mcn.org
 
 > TO UNSUBSCRIBE from this list send an email to  announce-leave at lists.mcn.org
 > *** To complete the process you must reply to the email
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 > 
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