[Kzyxtalk] Statute re Equal Time for Candidates
Cindy Swan
cswan at willitsonline.com
Fri Jan 29 15:01:16 PST 2016
I think Barry is the man to cross-examine
~whoops!
Interview the Donald.
Don’t you Lorraine?
~C.
On Jan 28, 2016, at 8:35 PM, <dennisobrien at sharejerusalem.com> <dennisobrien at sharejerusalem.com> wrote:
> It is important to distinguish between equal time that must be given to political candidates and equal time that must be given to differing political viewpoints. The latter - equal time for differing views - was discontinued in the late 90's. The FCC decided it was too difficult to enforce (what was an opinion? who gets to respond?). They also decided that news was actually entertainment, and had no duty to be objectively accurate or comprehensive. That's why we no longer see "Another View" or similar segments on the local news anymore.
>
> However, the rules concerning political candidates remained. Essentially, a steward of the public airways cannot use them to endorse an individual in a public election. You will never hear a station endorse a candidate. And if an appearance does not meet the "news" exceptions, like when NBC had Trump on Saturday Night Live, then equal time must be offered. Two of his rivals have accepted.
>
> I agree with those who believe that the interview of Bernie Sanders on Radio Curious meets one of the exceptions, a bona fide news interview on a public affairs program. There is no reason for KZYX to censor one of its programmers who wishes to air an interview they did with a candidate.
>
> Dennis
>
>
> From: Norman de Vall <ndevall at mcn.org>
> To: "dennisobrien at sharejerusalem.com" <dennisobrien at sharejerusalem.com>; "kzyxtalk at lists.mcn.org" <kzyxtalk at lists.mcn.org>
> Sent: Thursday, January 28, 2016 5:51 PM
> Subject: Re: [Kzyxtalk] Statute re Equal Time for Candidates
>
> Dennis,
> When I was broadcasting on KMFB we were told the "equal time" provision
> Had bee amended and that, in essence, it no longer applied.
> No doubt the 1932 law was very clear.
> How is it Michael Savage could interview Trump on 910 AM yesterday?
> In no was is Savage going to interview Bernie.
> What are the current rules?
> With Thanks, Norman
>
> Sent from my iPad
>
>> On Jan 28, 2016, at 5:04 PM, <dennisobrien at sharejerusalem.com> wrote:
>>
>> 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
>>
>> Send Kzyxtalk mailing list
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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
>>
>>
>> -------------- next part --------------
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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
>>
>> -------------- next part --------------
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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
>> __________________________________________________________
>> __________________________________________________________
>>>>
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>>>
>>>
>>>
>>> --
>>>
>>>
>>> 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
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>> __________________________________________________________
>>>
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>> ****************************************
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