Sec. 501. Broadcasts by or on behalf of candidates
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/bill/113/hr/268/ih/section-501A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 315(b) of the Communications Act of 1934 ( 47 U.S.C. 315(b) ) is amended— in paragraph (1)— 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 ; in subparagraph (A), by inserting for preemptible use thereof after station ; and by moving subparagraphs
(A)and
(B)2 ems to the right; and in paragraph (2)— in subparagraph (A)— by striking and inserting In general.— ; Certification.— by striking the broadcast station and inserting such station ; by striking In the case of and inserting the following: In the case of ; and by adding at the end the following: 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). ; in subparagraph (B)— by striking subparagraph
(A)and inserting subparagraph (A)(i) ; by striking If a candidate and inserting the following: If a candidate ; and by adding at the end the following: 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. ; in subparagraph (C)— by striking A candidate and inserting A television broadcast ; by striking , in the case of a television broadcast, ; and in clause (ii), by inserting or the national committee of a political party after authorized committee ; in subparagraph (D)— by striking A candidate and inserting A radio broadcast ; and by striking , in the case of a radio broadcast, ; and in subparagraph (E), by inserting or national committee after candidate) . Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended— by redesignating subsection
(c)as subsection (g); by redesignating subsection
(d)as subsection (f); and by inserting after subsection
(b)the following: 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. 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. 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). . Section 312 of the Communications Act of 1934 (47 U.S.C. 312) is amended— in subsection (a)(7)— by inserting in accordance with subsection (h), before for willful ; by striking or repeated ; by inserting or a cable system after non-commercial educational broadcast station, ; and 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 by adding at the end the following: 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. 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)— 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 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. . Section 315 of the Communications Act of 1934, as amended by subsection (b), is further amended— in subsection (a), by striking If any licensee and inserting ; Equal opportunities for candidates for same office.— If any licensee in subsection (f), as redesignated, by striking The Commission and inserting ; and Regulations.— The Commission in subsection (g), as redesignated, by striking For purposes and inserting . Definitions.— For purposes
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