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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules update the political programming and recordkeeping rules since 1991.2 Given the substantial growth of such programming in recent years,3 the updates proposed in this item are intended to conform our rules with statutory amendments, increase transparency, and account for modern campaign practices.
We propose two revisions to our political programming and recordkeeping rules.4 First, consistent with modern campaign practices, we propose to revise the definition of legally qualified candidate for public office to add the use of social media and creation of a campaign website to the existing list of activities that may be considered in determining whether an individual running as a write-in candidate has made a substantial showing of his or her bona fide candidacy.5 Second, we propose to revise the Commissions political file rules to conform with the Bipartisan Campaign Reform Act of 2002 BCRA, which included within the political file requirements any request for the purchase of advertising time that communicates a message relating to any political matter of national importance i.e., issue ads and specify the records that must be maintained.6

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I. Background In addition to the First Amendment protections afforded to material aired by Commission licensees and regulatees, political programming receives additional, special protections. Congress has recognized the great importance of political programming in the United States by passing laws to ensure that those who run for elective office have access to broadcast and other platforms so that they may inform citizens of their positions on critical issues of the day.
Political Programming Obligations.
Political programming obligations for 2 Codification of the Commissions Political Programming Policies, MM Docket No. 91168, Report and Order, 7 FCC Rcd 678 1991 1991
Political Programming Order.
3 John Haltiwanger, Americans are Already Exhausted with the 2020 Election, and its Just Getting Started. Other Countries Have Laws Limiting the Length of Campaigns Feb. 10, 2020, https www.businessinsider.com/us-presidentialelections-are-absurdly-long-compared-rest-of-world2020-2 explaining that the 2020 U.S. Presidential election would last approximately 1,194 days; Karl Evers-Hillstrom, Most Expensive Ever: 2020
Election Cost $14.4 Billion Feb. 11, 2021, https
www.opensecrets.org/news/2021/02/2020-cyclecost-14p4-billion-doubling-16/ 2020 campaign spending doubled the amount in 2016.
4 Information in a stations political file is available to the public on the Commission-hosted website at https publicfiles.fcc.gov/.
5 47 CFR 73.1940f, 76.5q.
6 Public Law 107155, 504, 116 Stat. 81 2002
codified at 47 U.S.C. 315e.

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certain Commission licensees and regulatees are set forth in sections 312a7 and 315 of the Communications Act of 1934, as amended Act.7 Section 312a7
requires broadcast licensees to give legally qualified candidates for federal office reasonable access to their facilities, or to permit them to purchase reasonable amounts of time on behalf of their candidacy. . 8 Section 312a7
of the Act also applies to SDARS
licensees 9 and DBS service providers,10
but it is not applicable to cable system operators.11 Under section 315a, if a broadcast licensee permits one legally qualified candidate for a public office to use its station, it must afford all other candidates for that office an equal opportunity to use the station.12
Section 315b provides that, during certain periods before an election, legally qualified candidates are entitled to the lowest unit charge of the station for the same class and amount of time for the same period. 13 The requirements in section 315 also apply to cable system operators,14 SDARS
licensees,15 and DBS service providers.16 The entitlements embodied in sections 312a7 and 315 of the Act 7 47

U.S.C. 312a7, 315.
U.S.C. 312a7. See 47 CFR 73.1944.
9 See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310
2360 MHz Frequency Band, IB Docket No. 9591, Gen. Docket No. 90357, Report and Order Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 12 FCC Rcd 5754, 5792, para. 92 1997 extending the political programming provisions in sections 312a7 and 315 of the Act to SDARS licensees; 47 CFR
25.702ab.
10 See Implementation of Section 25 of the Cable Television Consumer Protection and Competition Act of 1992, Direct Broadcast Satellite Public Interest Obligations, MM Docket No. 93205, Report and Order, 13 FCC Rcd 23254 1998 DBS Public Interest Obligations Report and Order establishing rules applying the political programming rules in sections 312a7 and 315 of the Act to DBS service providers, in accordance with section 335 of the Act, recon. denied, Memorandum Opinion and Order on Reconsideration of the First Report and Order, 19 FCC Rcd 5854 2003 Order on ReconsIderation, Order on ReconsIderation vacated and superseded by Second Order on Reconsideration of First Report and Order, 19 FCC
Rcd 5647 2004 DBS Public Interest Obligations Sua Sponte ReconsIderation; 47 CFR 25.701bd.
11 See 1991 Political Programming Order, 7 FCC
Rcd at 679, para. 4.
12 47 U.S.C. 315a. See 47 CFR 73.1941, 76.205.
13 47 U.S.C. 315b. Pursuant to section 315b1
14 Section 315c of the Act defines the term broadcasting station as including cable television systems and the terms licensee and station licensee as including cable operators. 47 U.S.C.
315c For purposes of this section1 the term broadcasting station includes a community antenna television system; and 2 the terms licensee and station licensee when used with respect to a community antenna television system mean the operator of such system..
15 See supra note 8.
16 See supra note 9.
8 47

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are available only to persons who have achieved the status of legally qualified candidate. 17
The Communications Act does not define the term legally qualified candidate, and therefore the Commission has adopted a definition, as reflected in 73.1940.18 Generally, an individual seeking election other than for President or Vice President must publicly announce his or her intention to run for office,19 must be qualified to hold the office for which he or she is a candidate,20 and must have qualified for a place on the ballot or have publicly committed himself or herself to seeking election by the write-in method.21 If seeking election by the write-in method, the individual, in addition to being eligible under applicable law to be a write-in candidate, must make a substantial showing that he or she is a bona fide candidate for the office being sought.22 Section 73.1940f of the Commissions rules specifies the requirements to demonstrate a substantial showing of a bona fide candidacy by providing a nonexclusive list of activities commonly associated with political campaigning.
Political Recordkeeping Obligations.
The political recordkeeping requirements serve to reinforce the statutory protections for political programming. The Commission first adopted rules requiring broadcast stations to maintain public inspection files documenting requests for political advertising time more than 80 years ago.23 It is crucial that stations maintain political files that are complete and up to date because the information in them directly affects, among other things, the statutory rights of opposing candidates to request equal opportunities under section 315a of the Act and present their positions to the public prior to an election.2324 Additionally, these files enable the public to verify that licensees have complied with their obligations relating to use of their facilities by candidates for political office and to 17 While section 312a7 applies only to legally qualified candidates for federal office, section 315
applies to all candidates for elective office, whether federal, state, or local.
18 47 CFR 73.1940. Section 76.5q of the Commissions rules includes an identical definition of legally qualified candidates for public office used for purposes of the political programming rules governing cable systems. Id. 76.5q. The definition of legally qualified candidates for public office set forth in section 73.1940 also applies for purposes of the political programming obligations of DBS providers and SDARS licensees. Id.
25.701b1, 25.702a.
19 Id. 73.1940a1.
20 Id. 73.1940a2.
21 Id. 73.1940a3, 73.1940b1, and 73.1940b2.
22 Id. 73.1940b2.

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