§  76.205   Origination cablecasts by legally qualified candidates for public
office; equal opportunities.

   (a) General requirements. No cable television system is required to
   permit the use of its facilities by any legally qualified candidate for
   public office, but if any system shall permit any such candidate to use
   its facilities, it shall afford equal opportunities to all other
   candidates for that office to use such facilities. Such system shall
   have no power of censorship over the material broadcast 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 system. (section 315(a) of the
   Communications Act.)

   (b) Uses. As used in this section and §  76.206, the term “use” means a
   candidate appearance (including by voice or picture) that is not exempt
   under paragraphs 76.205 (a)(1) through (a)(4) of this section.

   (c) Timing of request. A request for equal opportunities must be
   submitted to the system within 1 week of the day on which the first
   prior use giving rise to the right of equal opportunities occurred:
   Provided, however, That where the person was not a candidate at the
   time of such first prior use, he or she shall submit his or her request
   within 1 week of the first subsequent use after he or she has become a
   legally qualified candidate for the office in question.

   (d) Burden of proof. A candidate requesting equal opportunities of the
   system or complaining of noncompliance to the Commission shall have the
   burden of proving that he or she and his or her opponent are legally
   qualified candidates for the same public office.

   (e) Discrimination between candidates. In making time available to
   candidates for public office, no system shall make any discrimination
   between candidates in practices, regulations, facilities, or services
   for or in connection with the service rendered pursuant to this part,
   or make or give any preference to any candidate for public office or
   subject any such candidate to any prejudice or disadvantage; nor shall
   any system make any contract or other agreement which shall have the
   effect of permitting any legally qualified candidate for any public
   office to cablecast to the exclusion of other legally qualified
   candidates for the same public office.

   [ 57 FR 210 , Jan. 3, 1992, as amended at  59 FR 14568 , Mar. 29, 1994]

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