
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC315]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 315. Candidates for public office


(a) Equal opportunities requirement; censorship prohibition; allowance 
        of station use; news appearances exception; public interest; 
        public issues discussion opportunities

    If any licensee shall permit any person who is a legally qualified 
candidate for any public office to use a broadcasting station, he shall 
afford equal opportunities to all other such candidates for that office 
in the use of such broadcasting station: Provided, That such licensee 
shall have no power of censorship over the material broadcast under the 
provisions of this section. No obligation is imposed under this 
subsection upon any licensee to allow the use of its station by any such 
candidate. Appearance by a legally qualified candidate on any--
        (1) bona fide newscast,
        (2) bona fide news interview,
        (3) bona fide news documentary (if the appearance of the 
    candidate is incidental to the presentation of the subject or 
    subjects covered by the news documentary), or
        (4) on-the-spot coverage of bona fide news events (including but 
    not limited to political conventions and activities incidental 
    thereto),

shall not be deemed to be use of a broadcasting station within the 
meaning of this subsection. Nothing in the foregoing sentence shall be 
construed as relieving broadcasters, in connection with the presentation 
of newscasts, news interviews, news documentaries, and on-the-spot 
coverage of news events, from the obligation imposed upon them under 
this chapter to operate in the public interest and to afford reasonable 
opportunity for the discussion of conflicting views on issues of public 
importance.

(b) Broadcast media rates

    The charges made for the use of any broadcasting station by any 
person who is a legally qualified candidate for any public office in 
connection with his campaign for nomination for election, or election, 
to such office shall not exceed--
        (1) during the forty-five days preceding the date of a primary 
    or primary runoff election and during the sixty days preceding the 
    date of a general or special election in which such person is a 
    candidate, the lowest unit charge of the station for the same class 
    and amount of time for the same period; and
        (2) at any other time, the charges made for comparable use of 
    such station by other users thereof.

(c) Definitions

    For purposes of this section--
        (1) 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.

(d) Rules and regulations

    The Commission shall prescribe appropriate rules and regulations to 
carry out the provisions of this section.

(June 19, 1934, ch. 652, title III, Sec. 315, 48 Stat. 1088; July 16, 
1952, ch. 879, Sec. 11, 66 Stat. 717; Pub. L. 86-274, Sec. 1, Sept. 14, 
1959, 73 Stat. 557; Pub. L. 92-225, title I, Secs. 103(a)(1), (2)(B), 
104(c), Feb. 7, 1972, 86 Stat. 4, 7; Pub. L. 93-443, title IV, Sec. 402, 
Oct. 15, 1974, 88 Stat. 1291.)


                               Amendments

    1974--Subsec. (c). Pub. L. 93-443, Sec. 402, struck out provisions 
respecting station use charges upon certification of nonviolation of 
Federal limitations of expenditures for use of communications media; 
redesignated former subsec. (f) as (c); incorporated former par. (1)(A) 
and (B) provisions in clauses designated (1) and (2) and struck out 
subpar. (C) definition of ``Federal elective office'' and par. (2) 
definition of ``legally qualified candidate''.
    Subsec. (d). Pub. L. 93-443, Sec. 402(a), struck out provisions 
respecting station use charges upon certification of nonviolation of 
State limitations of expenditures for use of communications media and 
conditions for application of State limitations and redesignated former 
subsec. (g) as (d).
    Subsecs. (e) to (g). Pub. L. 93-443, Sec. 402(a), struck out subsec. 
(e) provisions respecting penalties for violations and inapplicability 
of sections 501 through 503 of this title and redesignated former 
subsecs. (f) and (g) as (c) and (d).
    1972--Subsec. (a). Pub. L. 92-225, Sec. 103(a)(2)(B), inserted 
``under this subsection'' after ``No obligation is imposed''.
    Subsec. (b). Pub. L. 92-225, Sec. 103(a)(1), substituted in 
introductory text ``by any person who is a legally qualified candidate 
for any public office in connection with his campaign for nomination for 
election, or election, to such office'', for ``for any of the purposes 
set forth in this section'', added par. (1), designated existing 
provisions as par. (2), inserted therein the opening words ``at any 
other time,'' and substituted ``by other users thereof'' for ``for other 
purposes''.
    Subsecs. (c) to (g). Pub. L. 92-225, Sec. 104(c), added subsecs. (c) 
to (f) and redesignated former subsec. (c) as (g).
    1959--Subsec. (a). Pub. L. 86-274 provided that appearances by 
legally qualified candidates on bona fide newscasts, interviews and 
documentaries and on on-the-spot coverage of bona fide news events shall 
not be deemed to be use of a broadcasting station within the meaning of 
this subsection.
    1952--Act July 16, 1952, designated existing provisions as subsecs. 
(a) and (c) and added subsec. (b).


                                 Repeals

    Repeal of title I of Pub. L. 92-225, cited as a credit to this 
section, by Pub. L. 93-443, title II, Sec. 205(b), Oct. 15, 1974, 88 
Stat. 1278, has been construed as not repealing the amendments to this 
section made by sections 103(a)(1), (2)(B), and 104(c) of such title I.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 
410(a) of Pub. L. 93-443, set out as a note under section 431 of Title 
2, The Congress.


  Reexamination of 1959 Amendment; Declaration of Congressional Intent

    Section 2 of Pub. L. 86-274 provided that:
    ``(a) The Congress declares its intention to reexamine from time to 
time the amendment to section 315(a) of the Communications Act of 1934 
[subsec. (a) of this section] made by the first section of this Act, to 
ascertain whether such amendment has proved to be effective and 
practicable.
    ``(b) To assist the Congress in making its reexaminations of such 
amendment, the Federal Communications Commission shall include in each 
annual report it makes to Congress a statement setting forth (1) the 
information and data used by it in determining questions arising from or 
connected with such amendment, and (2) such recommendations as it deems 
necessary in the public interest.''


          Suspension of Equal Time Provisions for 1960 Campaign

    Pub. L. 86-677, Aug. 24, 1960, 74 Stat. 554, suspended that part of 
subsec. (a) of this section, which requires any licensee of a broadcast 
station who permits any person who is a legally qualified candidate for 
any public office to use a broadcasting station to afford equal 
opportunities to all other such candidates for that office in the use of 
such broadcasting station, for the period of the 1960 presidential and 
vice presidential campaigns with respect to nominees for the offices of 
President and Vice President of the United States. The Federal 
Communications Commission was directed to make a report to the Congress, 
not later than March 1, 1961, with respect to the effect of the 
provisions of Pub. L. 86-677 and any recommendations the Commission 
might have for amendments to this chapter as a result of experience 
under the provisions of Pub. L. 86-677.

                  Section Referred to in Other Sections

    This section is referred to in section 335 of this title.
