Equal Opportunities - What Triggers Equal Time - Part 2

The mechanics of working out equal opportunities is a matter the Federal Communications Commission normally leaves to the station and the candidates involved, within that framework of the general principles

Requests for Equal Opportunities

A right to equal opportunities does not arise automatically, but only upon proper request. The request must be made by a candidate or by an authorized representative and not by a political party or special interest group. All equal opportunity requests must be for a "use" by the candidate.

Opposing Candidates

Rights to equal opportunities vest only in legally qualified opposing candidates. In order for candidates to be "opposing candidates," the same elective office must be involved. At a nominating convention or in a primary election, the opposing candidate would normally be from the same party. If a candidate is running unopposed in his or her party's primary, then there would be no opposing candidate entitled to equal opportunities. Upon nomination, of course, equal opportunities would then accrue in favor of an opposing party's nominee for the same public office.

Seven-Day Rule

A request for equal opportunities must be made within seven days of an opposing candidate's prior use. Thus, if A "uses" a broadcast facility on August 5th, 10th, 15th, 20th and 25th, B's request for equal opportunities on August 26th will only cover A's uses of August 20th and 25th; B lost his right to request equal opportunities to A's first three uses by waiting more than seven days after they had occurred. Further equal opportunity rights do not attach to the reply "use."

Two fine points:

• First, the seven-day rule applies only to the time for the request and not to the date selected for the equal-opportunities reply broadcast.
• Second, a request cannot be based upon another candidate's equal opportunity. Where more than one prior user is involved, the request must be made within seven days of the first prior use giving rise to equal opportunities.

Notice

A station is under no obligation to advise a candidate of a use by an opposing candidate -- even when a use occurs toward the very end of a campaign. However, upon inquiry from a legally-qualified candidate, the station must provide the candidate with the facts relative to opposing candidates' requests, including the time sold and the changes made. This may be done by showing the candidate (or his or her representative) the station's political file.

Prior Requests for Expected Uses

Requests made before an opponent's use must be honored only if directed to a specific future use known at the time of the request. However, when a candidate will use a station according to a fixed and continuing pattern (such as a spot in the 7p news every Monday), then a single request from a legally qualified opposing candidate for equal opportunities will apply not only to the first candidate's uses during the preceding seven days. but for all subsequent scheduled uses as well under the same "buy."

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.