Political Advertising- Some Important Last Minute Thoughts!

With one week to go in the 2016 election, and as the tempest gets more and more furious, there are a few important principles to not lose sight of in the storm. Chief among them are issues connected to the FCC sponsorship identification rules. With last-minute robust campaigning, broadcasters are often confronted by "exuberant" time buyers who are ready to reassure the broadcaster that they really don't need the sponsorship information required by the FCC rules. This is especially true with respect to issue advertisers.

Issue Ads

§73.1212, the sponsorship identification rules requires that when an announcement contains political matter or the discussion of a controversial issue of public importance, it is the broadcaster's responsibility, in addition to making sponsorship identification in the spot, to obtain and place in its public file a list of the chief executive officers or members of the executive committee or board of directors of the entity paying for the ad.

This is important. Now that TV and some radio public files are available online from the FCC server, public interest groups and issue opponents are examining them carefully and some have already filed complaints with the FCC. Be sure to get all the information that you need from time buyers and be prepared to get it into the public file. Under FCC rules, that means immediately, and immediately means within 24 hours.

Candidate Ads

While we're talking about the political file, remember to make sure you have your candidate advertising information up to date. § 73.3526 requires that your file contain all requests for specific schedules of advertising time by candidates and some issue advertisers, as well as the final dispositions or "deals" with the political advertiser.

You do not need to retain any materials relating your negotiations, just the final disposition. The description of the disposition should include when the advertising actually aired, including if the advertising was preempted, and the timing of any make-goods of preempted time, as well as credits or rebates provided to the advertiser. The reconciliation information need not be placed in the file immediately but the broadcaster must identify a person or persons at the station capable of informing an advertiser of the details of any reconciliation information.

Verifying Candidate Ad Sponsorship ID

Recognizing that broadcasters may not have enough time topreviewthe ad and still meet the candidate's requested timing, the FCC allows the licensee to air the ad once without being subjected to liability for not having proper sponsorship ID. This identification requirement exception applies only to ads for political candidates -- and not for political issues or other types of ads. After that, it's your responsibility to make sure the ad carries a proper sponsorship ID, even if you have to add it and run it over a portion of the spot. Remember, a proper sponsorship ID, political or otherwise,mustuse the "paid by" or "sponsored by" language of the FCC rule.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.