§  73.1941   Equal opportunities.

   (a) General requirements. Except as otherwise indicated in §  73.1944,
   no station licensee is required to permit the use of its facilities by
   any legally qualified candidate for public office, but if any licensee
   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 licensee 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 broadcasting station. (section 315(a)
   of the Communications Act.)

   (b) Uses. As used in this section and §  73.1942, the term "use" means
   a candidate appearance (including by voice or picture) that is not
   exempt under paragraphs 73.1941 (a)(1) through (a)(4) of this section.

   (c) Timing of request. A request for equal opportunities must be
   submitted to the licensee 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
   licensee 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 licensee 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 licensee make any contract or other agreement which shall have the
   effect of permitting any legally qualified candidate for any public
   office to broadcast to the exclusion of other legally qualified
   candidates for the same public office.

   [ 57 FR 208 , Jan. 3, 1992, as amended at  59 FR 14568 , Mar. 29, 1994]

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