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TV Basics Online - Television Bureau of Advertising

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<strong>TV</strong> <strong>Basics</strong><br />

Political <strong>Advertising</strong> &<br />

Government Regulation<br />

Congress, the Federal Communications Commission and the Federal<br />

Election Commission regulate broadcast political advertising <strong>of</strong> candidates<br />

and issues. Regulation focuses on two principal areas:<br />

Access: Only federal candidates have access rights. Stations must honor<br />

a federal candidate demand to purchase time.<br />

Rates: Federal, state and local candidates receive a station's best rate<br />

for its most favored advertiser during pre-election periods (the “lowest<br />

unit charge”). Issue advertisers are not entitled to the lowest unit charge.<br />

From these flow additional basic elements <strong>of</strong> broadcast political advertising:<br />

Equality: Any candidate may demand the same terms <strong>of</strong> a time buy that<br />

an opponent has purchased within the preceding seven days (the famed<br />

“equal opportunities” clause). Issue advertisers are not entitled to equal<br />

opportunities.<br />

Placement: <strong>Television</strong> news is a sacrosanct safe harbor from access<br />

demands. News adjacencies must be made available, however.<br />

Appearance: The right to the lowest unit charge is personal to a candidate,<br />

and therefore the candidate must personally appear in an ad to<br />

receive the lowest unit charge. Otherwise, comparable commercial rates<br />

apply.<br />

Pre-Election: The lowest unit charge must be made available within 45<br />

days <strong>of</strong> a primary and 60 days <strong>of</strong> a general election. At other times, comparable<br />

commercial rates apply.<br />

Sponsor ID: A political ad must contain a “disclaimer” that meets separate<br />

FCC and FEC requirements.<br />

Full service: Stations may charge usual and customary fees for services<br />

not related to the sale <strong>of</strong> time (e.g., production, talent, and distribution<br />

charges).<br />

Cash: Stations may require cash up-front for political advertising, including<br />

issue advertising, if station policy requires cash up-front for new commercial<br />

advertisers.<br />

Paperwork: Stations must document and make publicly available all<br />

requests and contracts for political advertising by anyone who wants to<br />

buy time for or against any candidate or on an issue <strong>of</strong> national importance.<br />

Separate FCC and FEC requirements apply.<br />

Few areas <strong>of</strong> federal regulation are more arcane and complex than<br />

broadcast political advertising. <strong>TV</strong>B’s desk reference, “Political <strong>Advertising</strong><br />

Handbook For The <strong>Television</strong> Sales Executive,” treats the subject in greater<br />

depth, and is available online, for <strong>TV</strong>B members only at www.tvb.org.<br />

Counsel should be consulted in a specific case.<br />

Source: Erwin G. Krasnow, John Wells King, <strong>of</strong> Garvey Schubert Barer<br />

28<br />

Consumer Media Usage<br />

Today, more and more media are competing for people’s time. <strong>Television</strong><br />

remains the clear winner, more than doubling the No. 2 medium,<br />

Broadcast & Satellite Radio.<br />

Hours Per Person Per Year Using Consumer Media – 2010<br />

Total <strong>TV</strong> 1<br />

Broadcast &<br />

Satellite Radio<br />

Pure-Play<br />

Internet 2<br />

Recorded<br />

Music<br />

Newspaper<br />

Out-<strong>of</strong>-Home<br />

Consumer<br />

Magazines<br />

Videogames<br />

Home Video3 Consumer<br />

Books<br />

& In-Flight<br />

Entertainment<br />

Pure-Play<br />

Mobile2 Box Office<br />

Local Consumer<br />

Directories<br />

Educational<br />

Books<br />

202<br />

138<br />

152<br />

134<br />

113<br />

99<br />

95<br />

55<br />

35<br />

11<br />

10<br />

8<br />

654<br />

1,730 1,730<br />

(1) Total <strong>TV</strong> includes Network-affiliated stations,<br />

Independent and Public stations, and Basic and<br />

Premium Cable, Satellite & RBOC Networks.<br />

(2) Internet and mobile use <strong>of</strong> traditional media,<br />

such as downloaded music, newspaper websites<br />

or info alerts, e-books, cable modems, online<br />

video <strong>of</strong> <strong>TV</strong> programs and Internet radio, was<br />

included in the traditional media segment, not<br />

in pure-play Internet or mobile content. Pureplay<br />

Internet and mobile services includes<br />

telecommunications access, such as DSL and<br />

dial-up, but not cable modems, pure-play content,<br />

such as eHarmony, GameSpy and Mobi<strong>TV</strong>,<br />

and mobile instant messaging and e-mail alerts.<br />

(3) Playback <strong>of</strong> prerecorded VHS cassettes and<br />

DVDs only.<br />

Source: Veronis Suhler Stevenson Twenty-Fifth<br />

Edition 2011-2015

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