Broadcasting Telecasting (Oct-Dec 1962)

HOW TO COPE WITH CANDIDATES continued taries and on-the-spot coverage of news events; that the determination as to the content and format of the interview and the candidate's participation therein was made by the network in the exercise of its news judgment and not for the candidate's political advantage; that the questions asked of the candidate were determined by the director of the program; and that the candidate was selected because of his newsworthiness and the network's desire to interview him concerning current problems and events. Would the candidate's opponent be entitled to "equal opportunities?" A. No, since the appearance of the candidate was on a program which was exempt from the "equal opportunities" requirement of Sec. 315. (Telegram to Lar Daly, July 6, 1960.) *25. Q. Does the appearance of a candidate on any of the following programs constitute a "use" under the "equal opportunities" provisions of Sec. 315: Meet the Press, Youth Wants to Know, Capitol Cloakroom, Tonight, and PM? A. The programs Meet the Press and Youth Wants to Know were specifically referred to during the Senate debates on the 1959 amendments as being regularly scheduled news interview programs of the type intended to be exempt from the "equal opportunities" provision of Sec. 315. Thus, if the format of these programs is not changed in any material respect, appearances by a candidate on such programs would not constitute a "use" under Sec. 315. (See also Q. and A. 23.) As to the Tonight program, see Q. and A. 12. (Letter to Senator Russell B. Long, June 13, 1962.) *26. Q. A New Jersey television station had been presenting for approximately two and one-half years a weekly program called Between the Lines. This program consisted of interviews by a station moderator of persons involved with current public events in New Jersey and New York. The incumbent, candidate for re-election to the state assembly, appeared on the program. Would his opponent be entitled to "equal opportunities?" A. No. The commission ruled that ". . . the program in question is the type of program Congress intended to be exempt from the equal time requirements of Sec. 315." (Letter to George A. Katz, Esq., Nov. 2, 1960.) *27. Q. The Governor's Radio Press Conference is a weekly 15-minute program which has been broadcast approximately two years employing essentially the same format since its inception. In the program, the governor-candidate is seated in his office and speaks into a microphone; each of the participating stations has selected a newsman, who, while located at his respective station, asks questions of the governor which the newsman considers to be newsworthy. The questions are communicated to the governor-candidate by telephone from the respective stations and the questions and the governor's answers are communicated to the stations by the means of a broadcast line from his office to the stations. The questions and answers are taped both by his office and each of the participating stations, and no tapes are supplied by the governor to the stations. Questions asked of the governor and all of the material, including his answers, are not screened, or edited by anyone in his office or on his behalf. The program is unrehearsed and there is no prepared material of any kind used by the governor or by anyone on his behalf. The newsmen are free to ask any question they wish and each program is under the control of the participating stations. Does the appearance of the governor-candidate on said program constitute a "use" under the "equal opportunities" provision of Sec. 315? A. No. Since the program involves the collective participation of the stations' newsmen, is prepared by the stations, is under their sole supervision and control, has been regularly scheduled for a period of time, and was not conceived or designed to fur ther the candidacy of the governor, it was held to be a bona fide news interview program and, therefore, exempt from the "equal opportunities" provision of Sec. 315. (Letter to Gov. Michael DiSalle, June 8, 1962.) *28. Q. The Governor's Forum program has been broadcast for approximately eight months by several participating stations. In this program, the governor-candidate is seated in his office and speaks into a microphone. The program consists of his answers to and questions submitted by the listening public. Questions asked are either telephoned or written to the stations or directly to his office. The questions which are telephoned or written to the several stations are forwarded to the pricipal participating station, which then selects the questions, edits the questions, and accumulates them on a tape. The questions telephoned or written to the governor's office are likewise selected and edited by his office for taping. The tape or tapes containing the questions are played in his office and the questions and the Governor's answers are then recorded on a master tape prepared by his office. Additional questions are asked of the Governor by the principal station's newsman, present in the governor's office, to amplify any prior question and answer. On occasion, further editing of the tape has been made by the governor's office or by the stations. The tape is sent to each of the participating stations by the governor's office. There is no prepared material or rehearsal by the governor's office. Would the appearance by the governor-candidate on the above program constitute a "use" under the "equal opportunities" provision of Sec. 315? A. Yes. Such a program is not a newsinterview program as contemplated by Sec. 315(a) (2). This conclusion has been reached since the selection and compilation of the questions, as well as the production, supervision, control, and editing of the program are not functions exercised exclusively by the stations. (Letter to Gov. Michael DiSalle, June 8, 1962.) *29. Q. CBS Television Network presented a one-hour program entitled The Fifty Faces of '62. The program consisted of a comprehensive news report of the current off-year elections and campaigns. It included a brief review of the history of off-year elections, individual and group interviews, on-the-spot coverage of conventions and campaigns, and flash-backs of currently newsworthy aspects of the current campaigns and elections. In addition to the appearances on the broadcast of private citizens, voters, college students, and candidates, there were approximately twenty-five political figures, none of whom was on camera for more than approximately two or three minutes. Some of the candidates appearing on the program mentioned their candidacy; others, including the minority leader of the House of Representatives, who appeared in that capacity and discussed the prospect of his party in the fall elections, did not discuss their candidacies. The determination as to who was to appear on the program was made solely by CBS News on the basis of its bona fide news judgment that their appearances were in aid of the coverage of the subject of the programs and not to favor or advance the candidacies of any of those who appeared, such appearances being incidental and subordinate to the subject of the documentary. Is the appearance on the program of a candidate, in his capacity as minority leader of the House of Representatives, a "use" within the "equal opportunities" provision of Sec. 315? A. No. Such a program is a bona fide news documentary pursuant to Sec. 315(a) (3). The appearance of the candidate therein is incidental to the presentation of the subject covered by the documentary and the program is not designed to aid his candidacy. (Telegram to Judge John J. Murray, June 12. 1962.) *30. Q. A television station had been presenting since 1958 a weekly 30 minute pro gram concerning developments in the state legislature with principal Democratic and Republican party leaders of both houses of the legislature participating. At the close of each legislative term, the station televised a one hour summary of the legislature's activities, using film and recordings made during its meetings. Is the appearance, in the latter program, of an officer of the state legislature, who is also a candidate, in which he and others express their views on the accomplishments of the legislative session a "use" under the "equal opportunities" provision of Sec. 315? A. No. For the reasons stated in Question and Answer 29, above. 31. Q. A former President expressed his views with respect to a forthcoming national convention of his party. A candidate for that party's nomination for President called a press conference to comment on said views, which conference was broadcast by two networks. Would said candidate's opponent for the same nomination be entitled to "equal opportunities" A. No, since the appearance of the first candidate was on a program which constituted "on-the-spot coverage of bona fide news events", pursuant to Sec. 315(a)(4). (Telegram to Falkenberg & Falkenberg, July 7, 1960.) IV. Who is a legally qualified candidate? 32. Q. How can a station know which candidates are "legally qualified"? A. The determination as to who is a legally qualified candidate for a particular public office within the meaning of Sec. 315 and the commission's rules must be determined by reference to the law of the state in which the election is being held. In general, a candidate is legally qualified if he can be voted for in the state or district in which the election is being held, and, if elected, is eligible to serve in the office in question. 33. Q. Need a candidate be on the ballot to be legally qualified? A. Not always. The term "legally qualified candidate" is not restricted to persons whose names appear on the printed ballot; the term may embrace persons not listed on the ballot if such persons are making a bona fide race for the office involved and the names of such persons, or their electors can, under applicable law, be written in by voters so as to result in their valid election. The commission recognizes, however, that the mere fact that any name may be written in does not entitle all persons who may publicly announce themselves as candidates to demand time under Sec. 315; broadcast stations may make suitable and reasonable requirements with respect to proof of the bona fide nature of any candidacy on the part of applicants for the use of facilities under Sec. 315. (§§3.120, 3.290, 3.657, esp. subsection [f ] ; letters to Socialist Labor Party, Nov. 14, 1951, 7 R.R. 766; Julius F. Brauner, May 28, 1952, 7 R.R. 1189; Press Release of Nov. 26, 1941 [Mimeo 55732].) 34. Q. May a person be considered to be a legally qualified candidate where he has made only a public announcement of his candidacy and has not yet filed the required forms or paid the required fees for securing a place on the ballot in either the primary or general elections? A. The answer depends on applicable state law. In some states persons may be voted for by electorate whether or not they have gone through the procedures required for getting their names placed on the ballot itself. In such a state, the announcement of a person's candidacy — if determined to be bona fide — is sufficient to bring him within the purview of Sec. 315. In other states, however, candidates may not be "legally qualified" until they have fulfilled certain prescribed procedures. The applicable state laws and the particular facts surrounding the announcement of the candidacy are determinatives. (Letter to Senator Earle C. Clements, Feb. 2, 1954; and see also subsection [f] of §§3.120, 3.290, 3.657.) 35. Q. May a station deny a candidate "equal opportunities" because it believes that the candidate has no possibility of being elected or nominated? A. No. Sec. 315 does not permit any such 110 (FOR THE RECORD) BROADCASTING, October 15, 1962