US Codex
Bill
Notes

Title V — Expanding Candidate Access to Advertising

H.R. 268 · 113th Congress · Jan 15, 2013 · Lineage

V Expanding Candidate Access to Advertising

Sec. 501 Broadcasts by or on behalf of candidates

(a)
Use of broadcasting station at lowest unit charge— Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) is amended—
(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by inserting “, or by a national committee of a political party in connection with such a campaign of such a candidate who is affiliated with the party,” after “to such office”;
(B)
in subparagraph (A), by inserting “for preemptible use thereof” after “station”; and
(C)
by moving subparagraphs (A) and (B) 2 ems to the right; and
(2)
in paragraph (2)—
(A)
in subparagraph (A)—
(i)
by striking “In general.—” and inserting “Certification.—”;
(ii)
by striking “the broadcast station” and inserting “such station”;
(iii)
by striking “In the case of” and inserting the following:

“(i) By candidates—In the case of”

(iv)
by adding at the end the following:

“(ii) By party national committees—In the case of the use of any broadcasting station by a national committee of a political party in connection with the campaign of a candidate for Federal office who is affiliated with the party, such committee shall not be entitled to receive the rate under paragraph (1)(A) for such use unless such committee provides written certification to such station that such committee shall not make any direct reference to another candidate for the same office, in any broadcast using the rights and conditions of access under this Act, unless such reference meets the requirements of subparagraph (C) or (D).”

(B)
in subparagraph (B)—
(i)
by striking “subparagraph (A)” and inserting “subparagraph (A)(i)”;
(ii)
by striking “If a candidate” and inserting the following:

“(i) For candidates—If a candidate”

(iii)
by adding at the end the following:

“(ii) For party national committees—If the national committee of a political party makes a reference described in subparagraph (A)(ii) in any broadcast that does not meet the requirements of subparagraph (C) or (D), such national committee shall not be entitled to receive the rate under paragraph (1)(A) for such broadcast or any other broadcast in connection with the campaign of the candidate during any portion of the 45-day and 60-day periods described in paragraph (1)(A), that occur on or after the date of such broadcast.”

(C)
in subparagraph (C)—
(i)
by striking “A candidate” and inserting “A television broadcast”;
(ii)
by striking “, in the case of a television broadcast,”; and
(iii)
in clause (ii), by inserting “or the national committee of a political party” after “authorized committee”;
(D)
in subparagraph (D)—
(i)
by striking “A candidate” and inserting “A radio broadcast”; and
(ii)
by striking “, in the case of a radio broadcast,”; and
(E)
in subparagraph (E), by inserting “or national committee” after “candidate)”.
(b)
Preemption; audits— Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended—
(1)
by redesignating subsection (c) as subsection (g);
(2)
by redesignating subsection (d) as subsection (f); and
(3)
by inserting after subsection (b) the following:

“(c) Preemption

“(1) In general—Except as provided in paragraph (2) and notwithstanding the requirements of subsection (b)(1)(A), a licensee may not preempt the use of a broadcasting station by a legally qualified candidate or national committee of a political party that has purchased and paid for such use under circumstances entitling such candidate or committee to receive the rate under such subsection for such use.

“(2) Circumstances beyond control of licensee—If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the licensee, an advertisement that is scheduled to be broadcast during such program and the broadcast of which constitutes use of the broadcasting station described in paragraph (1) shall be treated in the same fashion as a comparable commercial advertisement.

“(d) Audits—During the 45-day period preceding the date of a primary or primary runoff election and during the 60-day period preceding the date of a general election or special election, the Commission shall conduct such audits as it considers necessary to ensure that the licensee of each broadcasting station is allocating use of the station in accordance with this section and in a manner that does not warrant revocation of the station license under section 312(a)(7).”

(c)
Revocation of license for failure To permit access by Federal candidates— Section 312 of the Communications Act of 1934 (47 U.S.C. 312) is amended—
(1)
in subsection (a)(7)—
(A)
by inserting “in accordance with subsection (h),” before “for willful”;
(B)
by striking “or repeated”;
(C)
by inserting “or a cable system” after “non-commercial educational broadcast station,”; and
(D)
by striking “his candidacy” and inserting “the candidacy of the candidate, or by a national committee of a political party in connection with the campaign of a legally qualified candidate for Federal elective office who is affiliated with the party, under the same terms, conditions, and business practices as apply to the most-favored advertiser of the broadcasting station or cable system”; and
(2)
by adding at the end the following:

“(h) Conditions for revocation for failure To allow access by Federal candidates

“(1) Three-strikes rule—The Commission may revoke a station license or construction permit under subsection (a)(7) only if the Commission finds that the licensee or permittee has engaged in at least 3 failures described in such subsection with respect to the broadcasting station or cable system to which the license or permit relates.

“(2) Duration—In the case of a person whose station license or construction permit with respect to a broadcasting station or cable system has been revoked under subsection (a)(7)—

“(A) the Commission may not grant a station license or construction permit to such person with respect to such broadcasting station or cable system during the 5-year period following the revocation; and

“(B) if the Commission grants such a station license or construction permit to such person after such 5-year period, the number of failures described in subsection (a)(7) shall be calculated for purposes of paragraph (1) without regard to any such failures that occurred while a previous license or permit was in effect.”

(d)
Conforming amendments— Section 315 of the Communications Act of 1934, as amended by subsection (b), is further amended—
(1)
in subsection (a), by striking “If any licensee” and inserting “Equal opportunities for candidates for same office.—If any licensee”;
(2)
in subsection (f), as redesignated, by striking “The Commission” and inserting “Regulations.—The Commission”; and
(3)
in subsection (g), as redesignated, by striking “For purposes” and inserting “Definitions.—For purposes”.