Communications - Federal Communications Act - Section 315(a) - Live Coverage of Candidate Debates and Press Conferences Does Not Necessarily Create Equal Time Obligations

Abstract

FIRST PARAGRAPH(S)|Section 315(a) of the Federal Communications Act requires that any licensee who permits a candidate to "use" his facilities must afford equal broadcast time to all other candidates for the same office." In the past, the Federal Communications Act has interpreted "use" to require that radio or television licensees who broadcast debates or press conferences involving candidates for public office offer equal time to all other legally qualified candidates. Because of the large number of candidates for president, the FCC's "equal time" rule has in effect prohibited broadcast of debates among presidential candidates, and has sometimes interfered with news coverage of noncampaign activities of officeholders. |The FCC had based its equal time position upon an interpretation of section 315 (a) of the Federal Communications Act. In April of 1975, this interpretation was challenged by the Aspen Institute Program on Communications and Society [Aspen]. Aspen petitioned the Commission to reconsider its holding as it applied to debates. CBS, Inc., filed a similar petition challenging the interpretation as applied to presidential press conferences. The Commission held that its reading of section 315 had been erroneous and entered a declaratory order that live coverage of either debates or press conferences would not create equal time obligations if, in the reasonable judgment of the broadcaster, they were bona fide news events...