47 USC 315 - Candidates for public office

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (span)(2)(A), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments

2002—Subsec. (span). Puspan. L. 107–155, § 305(a), (span), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), inserted “subject to paragraph (2),” before “during the forty-five days” in par. (1)(A), and added par. (2).

Subsec. (e). Puspan. L. 107–155, § 504, which directed addition of subsec. (e) and redesignation of former subsecs. (e) and (f) as (f) and (g), respectively, was executed by adding subsec. (e) to reflect the probable intent of Congress. Section did not contain subsecs. (e) and (f).

1974—Subsec. (c). Puspan. L. 93–443, § 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). Puspan. L. 93–443, § 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). Puspan. L. 93–443, § 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). Puspan. L. 92–225, § 103(a)(2)(B), inserted “under this subsection” after “No obligation is imposed”.

Subsec. (span). Puspan. L. 92–225, § 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). Puspan. L. 92–225, § 104(c), added subsecs. (c) to (f) and redesignated former subsec. (c) as (g).

1959—Subsec. (a). Puspan. 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. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Puspan. L. 107–155, title III, § 305(c), Mar. 27, 2002, 116 Stat. 102, provided that: “The amendments made by this section [amending this section] shall apply to broadcasts made after the effective date of this Act [Nov. 6, 2002].”

Amendment by Puspan. L. 107–155 effective Nov. 6, 2002 (notwithstanding section 305(c) of Puspan. L. 107–155, set out above), but not applicable with respect to runoff elections, recounts, or election contests resulting from elections held prior to Nov. 6, 2002, see section 402 of Puspan. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of Title 52, Voting and Elections.

Effective Date of 1974 Amendment

Amendment by Puspan. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Puspan. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

Repeals

Repeal of title I of Puspan. L. 92–225, cited as a credit to this section, by Puspan. L. 93–443, title II, § 205(span), 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.

Reexamination of 1959 Amendment; Declaration of Congressional Intent

Puspan. L. 86–274, § 2, Sept. 14, 1959, 73 Stat. 557, 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.

“(span) 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

Puspan. 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 Puspan. L. 86–677 and any recommendations the Commission might have for amendments to this chapter as a result of experience under the provisions of Puspan. L. 86–677.