With the November election approaching, cable operators have begun to receive requests from candidates for advertising time.  Federal law and FCC regulations govern the rates and terms for candidate advertising.  Key provisions of the FCC’s regulations include:

• Cable operators are not obligated to provide political candidates access to cable systems.  If a cable operator permits “use” of its system by a legally qualified candidate, it must afford “equal opportunities to all other candidates for that office.”
• Candidate appearances on a bona fide newscast, bona fide news interview, bona fide news documentary (if the appearance of the candidate is incidental to the subject of the documentary), or on-the-spot coverage of bona fide news events (including political conventions) do not trigger the equal opportunity requirements.
• For candidate advertising – except for periods before a primary, general, or special election – the system shall charge no more than the rates for comparable use of the system by commercial advertisers.  Discounts and other terms offered to commercial advertisers must be disclosed and offered to political advertisers.
• During the 45 days before a primary, and the 60 days before a general or special election, the cable system may charge legally qualified candidates for public office no more than the “lowest unit charge” for advertising time.  The “lowest unit charge” is the amount that the system charges “its most favored commercial advertisers for the same classes and amounts of time for the same periods.”  In calculating the lowest unit charge, cable operators must take into account any practices offered to commercial advertisers that enhance the value of advertising spots, such as bonus spots, time-sensitive make goods, and preemption priorities.
• Cable systems providing political advertising must maintain a political advertising file containing all candidate requests for time and the disposition of those requests.  Any records maintained in the file must be kept for two years.  This requirement applies even if the cable system contracts with a 3^rd party for local advertisement insertion services.

If you have questions about political advertising, please contact please contact Scott Friedman at (312) 372-3930 or sfriedman@cm-chi.com or James Moskowitz at (202) 872-6881 orjmoskowitz@cm-chi.com.